Terms And Conditions
Wanderlux, LLC Terms of Service
Wanderlux, LLC (“Wanderlux,” “we,” “us,” or “our”) is a retail service that allows users to rent our garments (“Products”). Our service consists of the rental of Products and the use of this website and/or app (collectively, the “Service”).
The following Terms of Service (the “Terms”) are a legal agreement between you (“you” or “your”) and Wanderlux which describes the terms and conditions on which you may rent and purchase Products from us.
BY ACCESSING OUR SERVICE, YOU AGREE TO THESE TERMS. WE RESERVE THE RIGHT TO PERIODICALLY MODIFY OR AMEND THESE TERMS WITHOUT NOTICE. THE USE OF THE SERVICE FOLLOWING THE POSTING OF CHANGES TO THE TERMS WILL MEAN THAT YOU ACCEPT THOSE CHANGES. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR AUTHORIZATION TO USE THE WANDERLUX SERVICE.
- GENERAL TERMS AND CONDITIONS
- General Terms and Conditions
These Terms provide the conditions that govern your rental of Products with Wanderlux. You agree that you are renting the Products and that ownership of the Products remains with Wanderlux unless you purchase the Products.
Products may only be rented or purchased by individuals who are 18 years of age or older. By agreeing to these Terms you represent that you are at least 18 years of age and that you are authorized to use the chosen payment method (including, but not limited to, credit cards) for the purpose of either renting or purchasing Products as described in these Terms. To the extent permitted by law, Wanderlux may, in its sole discretion, refuse to offer services to any person or entity, and may change its eligibility criteria at any time.
You may not use Wanderlux’s Service to rent or purchase Products outside of the United States or Canada.
- Accounts and Registration
To rent or purchase through our Service, you must register for an account. When you register for an account, you may be required to provide information pertaining to yourself which may include your name, email, address, or other contact information. You agree that the information that you provide to us is accurate. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you agree that you will be responsible for all activities that take place under the provided account.
You must provide us with your current email address when you create your account. If your email address changes, you must update your account information with your new email address. You must provide us with your current method of payment. If your method of payment changes, you agree to update your account information with the new method of payment.
- Condition of the Products
All Products will be clean and ready to wear when delivered to you. Wanderlux shall not be held liable for any health-related complaints associated with a Product rented or purchased from Wanderlux.
- RENTAL AND SALE OF PRODUCTS
- Use of the Products
You agree to treat the Products with great care. You are responsible for any loss, destruction, or damage to the Products other than normal wear and tear. “Normal wear and tear” consist of minor stains, rips, missing beads, stuck zippers, or other minor damage. If you return a Product that is damaged beyond normal wear and tear as determined in Wanderlux’s sole discretion, then you agree that we may charge you for the cost of repairing or replacing the Product.
- Return Packaging
Wanderlux will provide return packaging to use when returning the Product to us. We will charge you for the cost of any bags that are not returned.
We are not responsible for any items that you may have left in the Product returned to Wanderlux. If you believe that you may have accidentally sent any such items, please contact us.
- Rentals and Late Fees
You agree to return the Product by the designated return date. We may, but are not required to, permit you to extend your rental period for additional rental periods. If you return the Product late you will be billed for additional rental periods until the total amount billed equals the full retail price of the missing Product, at which point it will be considered purchased by you.
If you do not pay the proceedings you owe to us when due, Wanderlux reserves the right to institute collection proceedings. You agree to pay our collection costs, including but not limited to reasonable attorneys’ fees.
You have the option to purchase items from us at prices we establish. We will charge the payment method that you provide. All items sold will be “as-is”.
- LIMITATION OF LIABILITY
- No Indirect Damages
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WANDERLUX (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR A THIRD PARTY FOR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING FROM WANDERLUX PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY OF LIABILITY. IN NO EVENT SHALL WANDERLUX’S LIABILITY EXCEED THE FEES PAID FOR THE APPLICABLE PRODUCTS AND/OR SERVICES.
YOU ASSUME SOLE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS, DAMAGES, JUDGMENTS THAT RESULT FROM THE USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.
ALL SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR USE. WANDERLUX DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE, RELIABLE, OR COMPLETE; THE SERVICES WILL BE WITHOUT INTERRUPTION OR ERROR-FREE; OR THAT THE PRODUCTS WILL ACCORD WITH YOUR EXPECTATIONS.
Subject to the terms and conditions set forth you (as “Indemnifying Party”) shall indemnify and defend Wanderlux and its officers, directors, managers, shareholders, members, partners employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, that are incurred by Indemnified Party (collectively, “Losses”), arising out of or related to any third-party claim alleging: (i) breach or non-fulfillment of any provision of these Terms by Indemnifying Party or Indemnifying Party’s Personnel; (ii) any negligent or more culpable act or omission of Indemnifying Party or its Personnel (including any reckless or willful misconduct) in connection with the performance of its obligations under these Terms; (iii) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Indemnifying Party or its Personnel (including any reckless or willful misconduct); or (iv) any failure by Indemnifying Party or it Personnel to comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under these Terms.
- DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial or other Arbitration Rules in Beacon, New York, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- Class Action Waiver
To the extent permitted by applicable law, any claims by you against Wanderlux must be carried out in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding. You hereby waive any ability to conduct any class action in any forum to the extent permitted by law. If any claim is subject to arbitration, the arbitrator shall not have the authority to combine or aggregate similar claims or conduct any class action nor shall the arbitrator make an award to any person or entity that is not a party to the arbitration. You and Wanderlux agree that any right to litigate in court, to have a judge or jury decide your case, or to be a party to a class or representative action, is waived and that any claims must be decided individually through arbitration.
- Our Content
Wanderlux and/or our suppliers and licensors own the Products and Services and proprietary methods and systems used to provide the Services, the materials, text, graphics, data, articles, photos, images, illustrations, information, and other content that is provided or displayed by us through the Service, and certain of the trademarks, service marks, names, and logos. You acknowledge and accept that the content is: (i) protected by copyright, (ii) subject to other intellectual property and propriety rights and laws, and (iii) owned respectively by Wanderlux or our suppliers and licensors. The content of these Terms and this website cannot be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, redistributed, or otherwise used without Wanderlux’s prior written permission.
Subject to these Terms, and for as long as you are permitted to use the Service, we grant you a non-transferable, non-sublicensable, non-exclusive, revocable, limited right to (i) install, access, and use our app on any compatible, personal device that you own or control, and (ii) access and use the other aspects of the Service only for your own personal, noncommercial use. If you do not comply with any of the conditions of these Terms, you must stop using the Service.
- Your Content
All information that you post through the Service is considered a “User Submission.” Wanderlux does not guarantee any confidentiality regarding your User Submissions. You are solely responsible for all User Submissions that you provide to the Services.
Wanderlux may enable you to rate and post reviews of our Products (a “User Submission”). Any ratings or reviews shall become the property of Wanderlux upon submission. Wanderlux, in its sole discretion, reserves the right to modify, remove, or exclude any rating and/or review without providing notice. You hereby agree that you will not post any User Submission in a manner that: (i) infringes, misappropriates, or otherwise violates the intellectual property rights of Wanderlux or any other rights of anyone else; (ii) Violates applicable law, rule, or regulation, including but not limited to, applicable privacy laws; (iii) is dangerous, harmful, deceptive, fraudulent, or threatening, harassing, defamatory, libelous, tortious, obscene, indecent, pornographic, vulgar, unlawful, or otherwise offensive or objectionable, or is for any commercial purpose or is used for a purpose that is not reasonably intended by Wanderlux; (iv) attempts to obtain other user’s account or security information or impersonate any other person, including but not limited to a Wanderlux representative; (v) violates the security of any computer network, or breaks any passwords or security mechanism or encryption codes, or introduces aspects such as viruses, worms, Trojan horses, spyware, or other computer code, file, or program that is potentially harmful or invasive or intended to damage or take control of the operation of, or to monitor the use of, any hardware, software, or equipment; (vi) restricts or inhibits any other user from using the Wanderlux Service; (vii) mirrors any portion of the Services, or otherwise incorporates any portion of the Services into a product or service, without receiving Wanderlux’s express prior written consent; (viii) removes or obscures any copyright, trademark, or other proprietary notice from the Service.
- Information Collected and Use of Information
When you use Wanderlux’s website or app, we collect the personal information that you provide which may include your name, address, email address, payment information, birth date, and clothing sizes.
The data that you provide is collected to allow the Owner to provide its Service, as well as for purposes such as managing contacts, sending messages, and contacting users.
You acknowledge that Wanderlux may disclose your personal information if required by law or if you violate our Terms of Service.
- Third-Party Use
Third-party service providers, such as payment gateways and other payment transaction processors, contain their own privacy policies regarding the information that Wanderlux is required to provide them for your purchase/rental-related transactions. You may wish to locate these provider’s privacy policies so that you are aware of the way in which these providers will handle your information.
You acknowledge and understand that certain providers may be located in or have facilities that are located in a different jurisdiction than you. Therefore, if you proceed with a transaction that involves these third-party providers’ services, your information may be subject to the laws of the jurisdiction(s) where the third-party is located.
- Force Majeure
Wanderlux will not be liable or be considered to have breached the Terms if any delay or failure to perform its obligations is the result of any cause or condition that is beyond Wanderlux’s reasonable control.
- General Terms
These Terms are between you and Wanderlux and may not be assigned to anyone without receiving Wanderlux’s prior written consent. Wanderlux, in its sole discretion, may assign the Terms at any time without providing notice. The failure to require performance of any provision will not affect our right to require performance in the future, nor will a waiver of any breach or default of the Terms serve as a future waiver to a later breach or default or waiver of the provision itself. If any part of these Terms is deemed to be invalid or unenforceable, the remaining portions will remain in effect.
- Governing Law
These Terms are governed by the laws of the State of New York without regard to conflict of law principles. The parties hereto agree to submit to the personal and exclusive jurisdiction of the United States District Court for the Southern District of New York or, if that court lacks jurisdiction, of the state courts located within the county of Dutchess, New York, for any lawsuit or court proceeding under these Terms.