RENTAL AGREEMENT (“Agreement”)
These terms and conditions are a legal agreement between you ("You" or "Your") and Creative Startups, LLC d/b/a “Guilty” ("Guilty”, “We” "Us," or "Our"), establishing the terms and conditions under which You will submit information to, and rent women apparel ("Product(s) or Item(s)") and receive rent services (“Services”) from, Guilty via Our Store (the “Store”) or Our website (or platform of similar nature, the "Website"), as applicable.
Carefully read the terms and conditions of this Agreement.
By renting Items offered on our Store and/or Website, as applicable, signing up for the Service and putting in Your credit card details, You are agreeing to be bound by, and are becoming a party to, this Agreement. if You do not agree to all of the terms of this Agreement, please do not order any Items and/or do not rent the Items.
- General; Rental Not Purchase: You agree and acknowledge that You are renting the Items and that ownership of the Items remains with Guilty at all times, unless You purchase the Items for the Retail Price, as described below. The purchase of a subscription provides You a maximum of 4 Items that can be in Your possession at any given time for an unlimited period of time so long as You continue to make RECURRING payments for Your membership each month.
- Rental Fees; Credit Card Authorizations; Cancellations: The rental fee for the Items will be in the form of a monthly rental fee (“Rental Fee”). Upon Your order, You will also be charged a one-time fee (the “Sign-Up Fee”). You hereby authorize Us to charge Your credit card for the Sign-Up Fee only once. You hereby also authorize Us to charge Your credit card for the Rental Fee and/or monthly subscription fee on a RECURRING basis. Guilty will automatically charge You the amount of the Rental Fee to Your credit card upon Your selection of the payment option when You subscribe to Guilty. After that, Guilty will automatically charge You the Rental Fee to Your credit card on a monthly basis until You cancel Your membership. In addition, at the time of Your order of an Item, You hereby authorize Us to charge Your credit card for the RETAIL VALUE of that Item as set forth, plus any applicable sales taxes (“Retail Value”); provided that We will only charge the Retail Value If You return an Item that is damaged beyond normal wear and tear. Rental Fees exclude all federal, state and Puerto Rico taxes, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You. You may cancel Your membership at least THREE (3) BUSINESS DAYS prior to the renewal of Your membership to avoid being charged for another month. Canceling account post renewal date or within 72 hours of the renewal will result in Your account being charged for an entire month of Guilty membership. You understand that by purchasing Guilty’s membership based program, You authorize Us to continue Your membership automatically, charged monthly to the payment method provided by You until You cancel.
- Delivery: All deliveries will be made as per Guilty's delivery schedules. We do NOT guarantee the delivery date of Items and You further agree that Items will be delivered as they become available. Sometimes the Items may appear slightly different in color and style than the photos displayed on Our website and/or social media. Our liability to You for not meeting Your satisfaction is limited to a refund of a maximum of one month’s Rental Fee as determined by Us.
- Guarantees: If an Item does not fit, or is otherwise not suitable to You, You may inform Us via email or phone within 24 hours of receiving Your Delivery that You are returning the Item(s) in conformance with the return procedures (a “Sizing Return”).
- Cleaning: All Items will be professionally cleaned and delivered ready to wear. We tumble wash and/or dry clean and inspect each Item with the utmost care, but use of the Item is at Your own risk and Guilty shall not be held liable for any health-related complaints associated with a product rented from Us.
- Return Packaging: With the delivery of the Items, We will provide You with a bag that will serve as the return package (“Return Bag”). You are required to return the Return Bag to Guilty when You return the Items.
- Receipt and Use of the Products: Upon delivery, You bear responsibility for the Item(s). You agree to treat the Items with great care, and return them in the same condition as they were delivered to You. You are completely responsible for the loss, destruction or damage to the Items due to theft, disappearance, fire, stains or any other cause, other than normal wear and tear. Minor damages are included in Your membership. Normal wear and tear includes minor stains, missing beads, stuck zippers or other minor damages covered by the Rental Fee. If You return an Item that is damaged beyond normal wear and tear, then You agree to pay the cost for repairing or replacing the Item or the Retail Price for the Item as advertised on Our site OR explained to You, as determined in Our discretion.
- Removal: We reserve the right to terminate Your membership with Guilty at any time in the event of Your breach of this Agreement, for no reason, or any other reason in Our discretion.
- Remedies/Limitation of Liability: Your sole and exclusive remedy and Guilty’s sole and exclusive liability for a breach of Guilty’s of this Agreement, at Guilty’s option, is Guilty’s use of its commercially reasonable efforts to replace the non-conforming Item in a timely manner or a refund of Your Rental Fee. Guilty’s (and its suppliers’ and licensors') aggregate liability arising out of products and services related thereto, whether based upon warranty, contract, tort, strict liability or otherwise, shall not exceed the applicable Rental Fees paid by You. You assume sole and exclusive responsibility and liability for any claims against You and/or damages arising from use of the Items during Your rental period.
- Miscellaneous: This Agreement constitutes the entire agreement between You and Guilty with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by Guilty. We reserve the right to terminate or amend this Agreement at any time for any or no reason and without notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, excluding its conflicts of laws principles. You shall not assign this Agreement without Guilty’s prior written consent. Sections 1, 2, 3, 5, 7 and 9 shall survive the termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. Guilty shall not be liable for the failure to perform any of its obligations hereunder by reasons beyond its reasonable control, including, without limitation, hurricanes, floods, fire, earthquake, interruptions in supply, any other natural disaster, war embargo, riots, acts of terrorism and/or any other event of similar nature. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.