Terms of Service
Updated December 30, 2017
The following Terms of Service (“Terms”) between you (“you” or “your”) and Oohla, LLC (“oohla”, “we”, “our”, “us”) describes the terms and conditions on which you may access and use the oohla website located at oohla.co (the “Site”) and related services including oohla’s product rental and sale services (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 THE TERMS CAREFULLY. BY SIGNING UP, ORDERING SERVICES, 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.
a. About the Services
b. Rental and Sale of Products
c. Special Trial Programs
d. Use of the Services
e. Intellectual Property
g. Disclaimer of Warranties; Limitation of Liability
h. Dispute Resolution, Arbitration and Class Action Waiver
1. ABOUT THE SERVICES
Through the Services, we provide you access to clothing, accessories, stylist advice, and other content to help you make your selections.
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.
You must be 18 years old or older to be a registered account holder (“member” or “customer”). By providing Oohla your email address or password, you are considered a registered account holder. There is no commitment to purchase to register. In order to receive Product or services from Oohla, you must provide your email, valid payment, and shipping information for your account.
D. Modification of the Services or the Terms
Oohla may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, Oohla 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 Oohla upon registration.
2. RENTAL AND SALE OF PRODUCTS
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.
Our Products may be rented for use by individuals under 18 years of age, but rentals are made only to registered account holder who must provide credit card information which must be approved by our merchant and processing agent. If you are under 18 years of old, you may accept these terms and conditions and order Products only with involvement and approval of your parent or legal guardian. We currently and generally limit the number of chests that can be rented by you and our other customers to ONE (1) at any time. Each chest, with your purchase of a subscription provides with you a maximum of 6 Products / item (2 garments and 4 accessories as defined by Oohla) 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.
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.
B. Rental Fees; Credit Card Authorization; Cancellations.
The rental fee (“Rental Fee”) for the Products will be the monthly rental fee (as defined on the website for your specific membership or sometimes defined by any discounts offered to you) PLUS any insurance charges listed on the website in connection with your membership.
Upon you order for your chest, you hereby authorize us to charge your credit card for the Rental Fee and/or monthly subscription fee on a RECURRING basis whereby your card will be automatically charged thirty days from the commencement of your membership. We will charge your credit card the amount of the Rental Fee immediately upon your rental order or checkout where you confirm and submit.
In addition, at the time of your order of a Product, you hereby authorize Oohla to charge your credit card for the ORIGINAL RETAIL VALUE of that Product (when new) as set forth, plus any applicable sales taxes (“Retail Value”); provided that we will only charge the Retail Value in the circumstances set forth in Section C below.
Rental Fees exclude all federal, state and local taxes, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by Oohla, shall be reimbursed by you to Oohla in connection with your order for the rental.
You may cancel your membership at least FIVE (5) BUSINESS DAYS prior to the renewal of your membership to Oohla to avoid being charged for the following month. Cancelling account post renewal date or within 5 business days of the renewal will result in your account being charged for an entire month of Oohla membership. You understand that by purchasing Oohla’s membership based program, you authorize us to continue your membership automatically, charged monthly to the payment method provided until your cancel.
C. Our Offering.
Delivery: All deliveries will be made as per Oohla delivery and mailing schedules. We do NOT guarantee the delivery date of items and you agree that items in your chest will be delivered as they become available. However, sometimes Oohla Products may appear slightly different in color and style than the photos displayed on our website. Our liability to you for not meeting your satisfaction is limited to refund of a maximum of one month’s rental fee as stated on the site (excluding insurance and any relevant delivery charges) as determined by us. See Section E below.
Guarantees: If your Product does not fit you, then you may return the Product(s) to us by simply mailing to us using the pre-paid label and inform us via email or phone that you are returning the Product(s) in conformance with the return procedures in Section D below. Unless you are completely dissatisfied with your items, no refund will be issued and another chest with 2 dresses and 4 accessories will be mailed to you automatically.
Cleaning: All Products will be professionally cleaned and delivered ready to wear for each consumer. We tumble wash and/or dry clean and inspect each product with the utmost care, but use of the product is at your own risk and Oohla shall not be held liable for any health-related complaints associated with a product rented from our site.
Return Packaging: With delivery of the Product, we will provide you with a pre-paid, pre-addressed envelop or box as well as instructions for your use in returning the products to Oohla.
Services: On our Website, we offer various Services to assist you in selecting a Product. Our Services are provided “AS IS” without guarantee as to results.
D. Your Agreement and Use of our Products; Payment of Retail Value.
Receipt of the Products: Upon delivery, you bear responsibility for the Product(s). In the event that an unsecure shipping address is provided, Oohla does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a secure shipping address may result in delivery delays and additional delivery fees for which Oohla is not to be held liable, but you will be held liable.
Use of the Products: You agree to treat the Products with great care, and return it in the same condition as was delivered to you. You are completely responsible for loss, destruction or damage to the Products due to theft, disappearance, fire, stains or any other cause, other than normal wear and tear.
Normal wear and tear encompasses minor stains, missing beads, stuck zippers or other minor damage covered by the subscription price you paid in order to rent the dress. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for repairing or replacing the Product, as determined in our discretion, up to the Retail Price for the Product as advertised on our site OR explained to you in the package delivered to you.
Payment of Retail Value: You agree to treat the Products with great care, and return it in the same condition as was delivered to you. You are completely responsible for loss, destruction or damage to the Products due to theft, disappearance, fire, stains or any cause, other than normal wear and tear.
Collection: If you do not pay the amounts you owe us when due, when we may institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees.
Removal: We reserve the right to terminate your right to be a member of Oohla at any time in the event of your breach of this Terms or for no reason or any other reason in our discretion.
Email: We will use the preferences and order you provide on our Site to send you emails and other marketing materials for other Products. You may opt out of receiving those emails by clicking on the links provided at the bottom of those emails when available.
Limited Warranty: The limited warranties set forth in Section C apply only to you, may be acted upon only by you, and may not be assigned, sold, or transferred to any third party. No warranties are granted other than as set forth in Section C. Our warranty herein shall not apply to any matters arising from violation of your commitments set forth in Section D of this Terms.
Remedies: Your sole and exclusive remedy and Oohla’s sole and exclusive liability for a breach of Oohla’s limited warranty shall be, at Oohla’s option, Oohla’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Rental Fee (excluding insurance and delivery charges).
Disclaimers: THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OF RESULTS OF THE PRODUCTS OR SERVICES.
E. Limitation of Liability.
No Indirect Damages: IN NO EVENT SHALL OOHLA BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OOHLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Limited Direct Damages: OOHLA (AND ITS SUPPLIERS) 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 FOR THE APPLICABLE PRODUCT AND/OR SERVICE.
Use of Results at Your Risk: YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.
These Terms constitute the agreement between you and Oohla 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 Oohla. We reserve the right to terminate or amend these Terms at any time for any or no reason, effective upon 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 these Terms. The Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. You shall not assign these Terms without Oohla’s prior written consent. Termination of these Terms will not relieve.
All sections above shall survive this termination according to their terms. If any provision of these Terms shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over these Terms, the validity of the remaining portions or provisions hereof shall remain in full force and effect. Oohla shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.