1. 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 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.
2. Rental Fees; Credit Card Authorizations; Cancellations: The rental fee for the Items will be in the form of a monthly rental fee (“Rental Fee”). You hereby authorize Us to charge Your credit card for the 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.
3. 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.
4. 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”).
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
TYPES OF USERSYou may simply browse the Site as a visitor or you may create an account (“Account”) to become a client (“Client” or “Member”). You must be a Client to order and purchase Products.
ACCOUNTSTo become a Client, you must provide your name, email address, other registration information, and select a password (“Account Information”), which you should not share with any third parties. In becoming a Client, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information. We may also ask you for additional information about you, including your size, fit, and style preferences (“Style Profile”). In order for the Services to work best for you, please keep your Style Profile up to date. Please also keep your Account Information confidential. If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities (including orders placed and purchases made through the Services) that occur under or in connection with your Account. We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account. You may not use anyone else’s Account at any time without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization. You must be at least 21 years old to be a Client.
MEMBERSHIP, MEMBERSHIP FEEThe Services are rendered by means of a monthly Membership (“Membership”). You need to have an active Membership prior ordering any Products from the Site. By signing up to the Membership, you hereby authorize us to charge your credit card for the Membership fee (“Fee”) on a monthly basis, until you cancel your Membership. The Fee will be credited towards the purchase price of those Products you choose to keep (“Credits”). Any Credits earned and not used will be rolled over, as long as you have an active Membership. If you cancel your Membership and/or stop receiving the Services, you will lose any accumulated Credits.
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 the Membership. You understand that by purchasing the Membership based program, you authorize us to continue your membership automatically, charged monthly to the payment method provided by you until you cancel your membership.
ORDERSOnce you sign-up for the Membership by paying the Fee, you will be able to make unlimited orders throughout the month. However, you will be able to have a maximum of four (4) Products at a time with you. Once you either purchase or return any, some, or all of the four (4) Products you have with you, the Site will automatically let you order another four (4) Products.
SHIPMENTS, RETURNS, AND EXCHANGESOrder Shipments. Available ship dates are determined at our discretion and may vary based on a variety of factors. You will be able to select particular items to be included in your order. You will be able to try them on to see what you like. You can decide to keep all, some, or none of the Products, and we will charge you only for the items you keep. With the delivery of the Products, we will provide you with a bag that will serve as the return package (“Return Bag”). You are required to return the Return Bag when you return the Products.You are responsible for the price of any Products and the Return Bag that are not returned in accordance with our policies. We may refuse to ship to any address for any reason including because it is outside the geographic area that we serve or it is to an address that we determine may be associated with fraudulent purchases.
Sending Back Products During the Try-On Period. If you want to send back any of the Products in your order, simply schedule a pick-up for the returns at no cost to you. Any Products sent back must be sent back no later than five (5) days after you receive the package (the “Try-On Period”) and must be unworn and in the original condition. The Try-on Period starts on the day you receive the Products. You will retain title to the Products and risk of loss of the Products will remain with you until we receive the Products and we determine that the Products were returned unworn and in their original condition, at which point you will be deemed to have rejected the Products and title will return to us. We will assume that you have chosen to keep any Products that you do not send back to us by the end of the Try-On Period, and we will charge your Account for those Products any time after the end of the Try-On Period. Any exceptions permitting a return later than the end of the Try-On Period must be requested in a timely manner and may be granted at our sole discretion.
Purchased Item Returns. If you want to return any Products you’ve previously purchased, please consult our returns policy with our Customer Service Team by sending an email to firstname.lastname@example.org.
Exchanges. If you want to exchange any of the Products in your order (e.g., for a different size), you can request an exchange by sending an email to our Customer Service Team. If an exchange is available for a particular Product, you will be given the choice to exchange. An exchange may not be available in all cases. If you elect to receive an exchange, you will need to return the original Product before the end of the Try-On Period. The exchange Product will be sent separately to you. If you fail to return the original Product before the end of the Try-On Period or if the original Product is damaged or shows signs of wear, we may charge you for both the original Product and the exchange Product. If you receive the exchange Product and wish to return it, you will need to send it back within two (2) days of your receipt of the exchange Product. Unfortunately, we cannot guarantee that you will be able to exchange or replace any item. If this is the case, we will look into the availability of a new product.
Legal Details. Your scheduling of an order is an offer to purchase the Products. We may accept your offer by shipping you the order. For any reason, we may decline to accept your request for an order. If we decline to accept your request for an order, we may attempt to notify you at the email address you provided. All Products will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Products to a common carrier. Excluding any User Content, we strive to ensure that the information on the Services is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. Products displayed may be out of stock or discontinued, and prices are subject to change. We reserve the right to limit quantities purchased by Clients. We do not guarantee that all Products described on our Services will be available. In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase Products, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our Products. We further reserve the right to cease doing business with customers who violate this policy.
FEE AND PAYMENTYou need to have an active Membership prior ordering any Products from the Site. The Membership Fee paid by you will be credited towards the purchase price of those Products you choose to keep. Any Credits earned and not used will be rolled over, as long as you have an active Membership. If you cancel your Membership and/or stop receiving the Services, you will lose any accumulated Credits.
Within five (5) days of receiving your order, we request that you send back any Products you don’t want. If you choose to keep Products, the Fee will be credited towards the purchase price of those Products. You may pay for any Products via credit card or other payment method then available on the Services. If you have a Credit in your Account at the time of processing the purchase for the Products, the Credit will be applied before we charge your credit card or other payment method then available. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with these Terms. You agree that we may charge the Fee to the card or other payment method on file on a recurring basis until you cancel by emailing us at email@example.com, from the email address currently associated with your account, stating that you want to cancel your Membership. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.
PRICING AND PRODUCTSYou are responsible for paying for all Products in your order, whether they conform to your Style Profile or not, unless you return the Products in accordance with our policies. You are responsible for the payment of any Fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don’t collect the applicable sales tax, you are responsible for payment of the applicable use taxes. We may provide certain promotions or credits to customers. The application of the promotion or credit will be reflected on your receipt.
GIFT CARDSYou may purchase Gift Cards (“Gift Cards”) from time to time. Gift Cards can be redeemed solely through our Services for Products or Fees. Gift Cards cannot be redeemed for cash except where required by law. We are not responsible for lost or stolen Gift Cards, or for use without your or the recipient’s permission. We reserve the right to close accounts or request alternative forms of payment if a Gift Card is fraudulently obtained or used.
REFERRAL CREDITSAs a Client, by referring other clients to us, you may participate in our Referral Program (the “Program”). If you are accepted into the Program, you will receive a referral credit toward future purchases (a “Referral Credit”) when you make a Qualifying Referral. In order to receive a Referral Credit, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must share a referral link that is unique to you with your contact who has not previously used the Services; (ii) you must disclose your relationship with us (e.g., “if you place an order, I’ll get a credit”); (iii) the referred person must register for the Services after directly clicking the unique link, (iv) the referred person must, within a reasonable period of time, sign for the Services and (v) you must be a Client of the Services. Purchases using Gift Cards are not Qualifying Referrals.
Referral Credits will be reflected in your Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. We reserve the right to remove Referral Credits from an Account at any time. Unless extended at our discretion, Referral Credits will automatically expire ninety (90) days from issuance. We reserve the right to modify, suspend or terminate the Program and to void any Referral Credits without notice to you. All Referral Credits are voided immediately upon termination of this agreement or the closing of your Account.
You are solely responsible for Your Content. You assume all risks associated with use of Your Content. You understand that we do not guarantee any confidentiality with respect to Your Content. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up Your Content, and Your Content may be deleted at any time without prior notice. We reserve the right in our sole discretion to pre-screen, refuse, or remove Your Content at any time for any reason. Please make sure that you only provide information to the Services that you are allowed to share without violating any obligations you may have to a third party.
We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us. You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, providing and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
GENERAL RULES OF USER CONDUCTYou agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; © constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.
RIGHT TO SUSPENDWe reserve the right, in our discretion, to suspend your Account, your use of the Services or the sending of orders at any time at our discretion including, as necessary to protect the security or operation of the Services.
FEEDBACKIn the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
MODIFICATIONS TO THE SITE OR SERVICESWe reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.
DISCLAIMER OF WARRANTIESThe Services and all content, products and services included on or otherwise made available to you through the Services are provided by Guilty “with all faults” and on an “as is” and “as available” basis, unless otherwise specified in writing. Guilty makes no representations or warranties of any kind, whether express or implied, as to the operation of the Services or any content, products or services included on, or otherwise made available to you through, the Services, unless otherwise specified in writing, including without limitation any warranties of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of the Services and products purchased through the Services is at your sole risk. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products, or Services will be corrected. We specifically disclaim any liability associated with the use of the Products (e.g., rashes that may develop from wearing the Products or dyes that bleed from the Products onto other items) and you agree that you will not sue Guilty for any claim related to any Products purchased through the Services.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.
LIMITATION OF LIABILITYYou acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parent company, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of (i) the total amount of your current order, or (ii) one hundred dollars (U.S. $100.00).
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, pandemia, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
DISPUTE RESOLUTION Please read this Section carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
Waiver of Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Dispute Resolution section will continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.
Survival. This Dispute Resolution section will survive the termination of your relationship with us.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.
Claims Not Subject to Arbitration. For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in the Commonwealth of Puerto Rico.