May 4, 2019.
The following Terms of Service (“Terms”) between you (“you” or “your”) and Future Closets AB (“we,” “our,” or “us,” describes the terms and conditions on which you may access and use our website located at hackyourcloset.com (the “Site”) and related services including our product rental and sale services (together with the Site, and the Future Closets Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
Notice of Agreement to Arbitrate and Class Action Waiver
By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 8 of these Terms below.
Through the Services, we aim to give you access to quality second-hand clothing and overstocks, stylist advice and other content to help you adopt second-hand clothing and integrate it to your closet.
B. Mobile Charges
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any clothing or accessories (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.
D. Modification of the Services or the Terms
Future Closets AB may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, we will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to us.
A. General Conditions
The Services include the rental and sale of Products. This Section 2(A) sets out terms and conditions that apply to your rental or purchase of any Product.
18 YEARS OR OLDER. Products may be rented or purchased for use by individuals under 18 years of age, but we rent and sell only to adults, who may rent or purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.
LIMITS. You acknowledge and agree that we may place limits on the rental or purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
DELIVERY. All deliveries are going through Future Closets’s shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of Future Closets AB.
COLLECTIONS. If you do not pay the amounts you owe to Future Closets AB when due, then we will need to institute collection procedures. You agree to pay Future Closets’ costs of collection, including without limitation reasonable attorneys’ fees.
COMMUNICATIONS. You consent to receive communications from us, including email, and text messages, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying “STOP” to a text message you receive from us or by emailing firstname.lastname@example.org. You acknowledge that opting out of receiving communications may impact your use of the Services.”
A. Trial Programs
We provides certain trial programs, as described under this Section 3. This Section 3(A) sets out terms and conditions that apply to your participation in any of these programs. Section 3(B) sets out additional terms and conditions that apply to the “General Subscription” service.
CHANGES TO PROGRAMS. Future Closets AB reserves the right to add, remove or modify trial program benefits at any time, but we will use reasonable efforts to notify you of any material changes. In the event of any such material change, you may cancel your subscription immediately upon notice to us. Any increases in fees that we introduce will apply to subsequent subscription renewal periods. YOUR CONTINUED PROGRAM SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
FAILURE TO PAY FEES.. We reserve the right to pursue any amounts you fail to pay in connection with any trial program in accordance with these Terms.
TERMINATION. We may terminate any of the trial programs, or your membership in any of these programs, at any time.
B. General Subscription
The following additional terms and conditions apply if you subscribe to our subscription.
GENERAL SUBSCRIPTION. If you subscribe, you will be entitled to receiving a new set of second-hand clothing on a monthly basis. Products included in the subscription are determined by us in our sole discretion. Subject to your compliance with these Terms (including payment of fees) and our right to terminate the subscription, we do impose a limitation of 30 days on the time period during which you may keep the Product we have sent to you through the subscription. In addition, you have 14 days to send back the product when the 30 days expire.
SUBSCRIPTION FEES. If you subscribe to our service, Future Closets AB will charge you a pre-paid subscription fee or a monthly subscription fee that will automatically renew and you will be billed every month at the then current fee to your payment method on file (each month, a “Subscription Period”). After a pre-pay period ends, your subscription membership will automatically renew and you will be billed every month at the then current fee to your payment method on file. The current monthly subscription fee is 279 SEK (plus applicable taxes) but is subject to change at our discretion and any such change will be effective for any subsequent renewal Subscription Period. You hereby authorize Future Closets AB or our third party payment processor to charge your payment card for the applicable subscription fee on a monthly or recurring pre-pay basis until you cancel. The subscription fees include shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. The subscription fees are non-refundable except as expressly set forth in these Terms. Taxes may apply on the subscription fees.
CANCELLATION OF YOUR MEMBERSHIP. There are no refunds to a pre-paid General subscription. Your monthly subscription automatically renews and you will be billed every 30 days. To cancel your monthly membership, email us. You have 14 days after your last box to cancel your subscription. You must return your Subscription Program Products before the end of your current billing period to avoid additional fees, excluding the products that you wish to keep renting. If Future Closets AB does not receive your Subscription Program Products by the end of your billing period in which you want to cancel your membership, Future Closets AB will charge you a fixed fee of 279 SEK.
DELIVERY. All deliveries will be through our shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of Future Closets AB. We will provide you with information about estimated delivery and arrival times of The Products through the Site. The Products we send to you will be professionally cleaned and delivered ready to wear. We professionally clean, sterilize and inspect each Product we send to you, but the use of the Products is at your own risk and Future Closets AB shall not be held liable for any health-related complaints associated with any Product.
RETURNS. With each shipment of Products, we send you, we will include one Return Packaging (which may be our carrying case – as defined in section 2(b)). When we receive any returned Products from you, the next shipment we send you will contain 4 items. We will use reasonable efforts to send you new Products promptly upon processing your return, but you acknowledge that as a result of processing and delivery, there will be a delay between your return of a Product and receipt of a new Product through the Subscription. You agree to return any Product using the Return Packaging, including our carrying case (as defined in Section 2(B)).
ADDITIONAL OBLIGATIONS. Without limiting the application of the rest of these Terms, all of your obligations set out under Sections 2(A) and (B), including but not limited to the obligations relating to receipt and care of Products, apply to your participation in the subscription, except to the extent they conflict with this Section 3(C).
DAMAGE, FAILURE TO RETURN PRODUCTS. Unless you cancel your subscription, it will automatically renew on a monthly or recurring pre-pay basis. You expressly authorize us to collect the applicable subscription fee and any taxes, using any payment card on record for you, in connection with any such auto-renewal. You may cancel your subscription or find out more information about your subscription, including your monthly or recurring pre-pay renewal date, by contacting email@example.com. As soon as you cancel, you will not be eligible to receive any additional Products through us, however, you can keep renting single items as long as you wish, you will be charged 29 SEK/month per items. You will not be entitled to any refund of subscription fees.
DAMAGE OR LOSS OF THE PRODUCTS
At Hack Your Closet, we wash and maintain the good conditions of our products for as long as possible. We do not charge for minor stains or missing buttons. In the unfortunate event of a significant damage we will charge your credit card with a fix fee of 59 SEK per item. If the item has been lost and didn’t came back to us a fixed fee of 189 SEK applies.
The following additional conditions apply to the sale of any Product.
PRODUCTS ARE USED; ALL SALES ARE FINAL AND “AS IS.” You acknowledge and agree that only those Products designated by us on the Site as available for purchase are eligible for purchase by you. EXCEPT FOR INTIMATES, SHAPEWEAR AND BEAUTY PRODUCTS, THE PRODUCTS FOR SALE HAVE BEEN PREVIOUSLY RENTED BY OTHER CUSTOMERS AND ARE NOT NEW. Future Closets AB will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.
PURCHASE PRICE. The purchase price (“Purchase Price”) for the Products will be the purchase fee listed on the document attached to your order. We reserve the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize Future Closets to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by Future Closets AB, shall be paid by you to Future Closets AB in connection with your purchase order. Purchase orders are final and cannot be cancelled.
A. Future Closets Content
CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“Future Closets Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. Our Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any of our content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the Future Closets’ Content.
B. Third Party Content
LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-Future Closets AB websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and we are not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent of us, and we have no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that Future Closets endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
C. Acceptable Use Policy
USE OF FUTURE CLOSETS AB CONTENT. No part of the Services, including our Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that we authorize you to view, copy, download, and print the Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use our Content solely for your personal, non-commercial, informational purposes; (b) you do not modify Future Closets AB Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on Future Closets Content.
USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which Future Closets AB considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a Future Closets AB representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend Future Closets AB and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
A. Ownership of the Services
The Services, including our Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of Future Closets AB and its affiliates and licensors, and are protected from unauthorized copying and dissemination by Sweden copyright law, trademark law, international conventions and other intellectual property laws.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any of our Content, through the use of framing or otherwise, except (a) as expressly permitted by these Terms; or (b) with the prior written permission of Future Closets AB or such third party that may own such Future Closets AB Content.
B. Services License
Subject to your compliance with these Terms, Future Closets AB grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
A. Limited Warranties
The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by Future Closets AB in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and Future Closets AB’s sole and exclusive liability for a breach by Future Closets AB of the limited warranties set out in Section 2(B) shall be, at Future Closets AB’s option, Future Closets AB’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).
B. Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, FUTURE CLOSETS AB DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE FUTURE CLOSETS AB CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
C. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FUTURE CLOSETS AB BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF FUTURE CLOSETS AB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.