The following Sale and Rental Agreement (“Agreement”) between you and ELOQUII Design, Inc. (“we,” “our,” “us,” or “ELOQUII”) describes the terms and conditions on which you may purchase and rent Products from us through the ELOQUII Unlimited website at www.ELOQUIIUnlimited.com (the “Site”) and the ELOQUII Unlimited mobile app (the “App”), and related services (together with the Site and App, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by this Agreement. Capitalized terms not defined herein shall have the meaning assigned to them in our Terms of Service (the “Terms”). The provisions of this Agreement shall, to the extent possible, be interpreted so as to supplement the Terms and to avoid any conflict between them. In the event of a conflict between this Agreement and the Terms, the provision that is more protective of ELOQUII shall control.
BY ACCESSING THE SERVICES, YOU ARE ACCEPTING THESE TERMS. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THESE TERMS WILL APPLY RETROACTIVELY.
1. MEMBERSHIP PLAN
A. General Conditions
You may rent or purchase Products by subscribing to ELOQUII Unlimited’s Membership Rental Membership Program (“Membership”). Once subscribed to a Membership, you will be entitled to rent up to a certain number of Products at any time from a range of Products designated on the Services, in accordance with the terms of the Membership plan that you register for as more fully described in our FAQs (each a “Membership Plan”). Subject to your compliance with this Agreement (including payment of fees), we do not impose any limitations on the time period during which you may keep any Product we have sent to you through your Membership Plan.
By agreeing to this Agreement, 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 purchasing or renting Products as described in this Agreement.
B. Condition; Use of the Products
The Products will be professionally cleaned and delivered ready to wear. ELOQUII launders, dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and ELOQUII shall not be held liable for any health-related complaints associated with any Product.
You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your Membership for the applicable Product(s). If you return a Product that is damaged beyond normal wear and tear, which determination shall be made at ELOQUII’s sole discretion, then you agree that we shall charge you, and you shall pay for the price for repairing or replacing the Product, as determined in our sole discretion.
C. 30 Day Free Trial
30 Day Free Trial periods are offered at the sole discretion of ELOQUII, and are subject to discontinuation at any time, at ELOQUII’s sole discretion. You must have a valid credit card or debit card and Internet access to register and participate in the 30 Day Free Trial. New accounts that are eligible for a 30 Day Free Trial will be authorized on the first day of service for the full billing period payment associated with your plan. In some cases, your credit card available balance or credit limit will be reduced to reflect the authorization; however, no charges will be made against your credit card unless you do not cancel before the end of your 30 Day Free Trial period. While you can amend your Membership Plan during the 30 Day Free Trial, the modification will not apply until after the 30 Day Free Trial. At the end of your 30 Day Free Trial period ELOQUII Unlimited will automatically bill your credit card for the next billing period of service. We will not notify you when your trial period has ended. You can view the date your 30 Day Free Trial ends in the account section on our site or by visiting the account section and looking in the membership details section.
If you or another family member of your household has been an ELOQUII Unlimited member, you are not eligible for the 30 Day Free Trial. We consider your family household not eligible if your credit card account, physical address or email address have been associated with another active ELOQUII Unlimited account prior to the day of account creation. Notwithstanding the foregoing, you may be eligible, at ELOQUII’s sole discretion, to participate in other ELOQUII free trial programs and promotions. If you are Washington, D.C. resident, you are not eligible to participate in the 30 Day Free Trial program.
IF YOU CANCEL PRIOR TO THE END OF YOUR 30 DAY FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR CREDIT CARD. See Section 1.G. below to learn more about cancellation. ELOQUII reserves the right to cancel your 30 Day Free Trial if you, in ELOQUII’s sole discretion, violate any of this Agreement and conditions or any applicable law, register and subscribe via deception, forgery, fraud, or commit any other abuse of the ELOQUII Unlimited 30 Day Free Trial program. Violations of this Agreement and condition include, but are not limited to creating duplicate accounts under another name, email, or address in order to obtain more than one 30 Day Free Trial.
If you subscribe to a Membership, ELOQUII will charge you a prepaid fee or a monthly fee (the “Membership Fee(s)”) that will automatically renew, and you will be billed monthly at the then current fee to your payment method on file. The current monthly Membership Fees are set out FAQs, but are subject to change at our discretion and any such change will be effective for any subsequent Membership renewal. You hereby authorize ELOQUII or our third party payment processor to charge your payment card for the applicable Membership Fees on a monthly or recurring pre-pay basis until you cancel. The Membership Fees include shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. Fees are non-refundable except as expressly set forth below. Taxes may apply on Membership Fees. If you fail to make payment of the Membership Fees, then ELOQUII, at its sole discretion, may terminate your Membership or suspend shipment of Products to you. Further, if you do not pay the amounts you owe to ELOQUII when due, then ELOQUII will need to institute collection procedures. You agree to pay ELOQUII’s costs of collection, including without limitation reasonable attorneys’ fees.
With each shipment of Products, we send you, we will include one Return Packaging (which will include prepaid postage), which you shall use to return all of the Products you currently have. When the Products you have in your possession have been returned or purchased in their entirety, we will send your next shipment, which will contain the number of Products specified in your Membership Plan, unless you have modified your Membership Plan. If you have modified your Membership Plan, then ELOQUII will send you the appropriate number of available Product permitted in your Membership. We will use commercially 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 Products and receipt of a new Product. You agree to return any Product using the Return Packaging.
F. Changes to Membership; Termination
You acknowledge and agree that we may limit your particular Membership Plan, 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 Membership Plan or sale of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns. We reserve the right to modify (including the Membership Fee) or terminate your Membership at our sole discretion without prior notice. If we terminate your Membership, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current applicable prepaid Membership Fee, or (b) continued access to Membership for the remainder of that applicable period, in accordance with this Agreement. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in our Terms of Service, this Agreement, FAQ, Membership Plan, or any applicable law. Prior to the end of that period (or, if we do not provide you with continued access to Membership, immediately upon our termination of your Membership), you must also return to ELOQUII all Products you have received in connection with your Membership.
G. Cancellation of Membership
You will not be entitled to any refund on Membership Fees you have paid. Your monthly Membership subscription automatically renews and you will be billed monthly. To cancel your Membership, click on the link in your Membership receipt email or call us at 1-888-270-0043 or email us at support@ELOQUIIunlimited.com. As soon as you cancel, you will not be eligible to receive any additional Products through our Services. You may continue to keep Products you have already received through your Membership, but you must return to ELOQUII all such Products on or before the last day of the applicable Membership subscription period during which you cancel. If we don't receive the Product(s) on time, you will be charged 75% of the retail price of the Product(s).
H. Limited Warranties
The following are the limited warranties ELOQUII provides in connection with a Product rented through the Membership. ELOQUII’s liability to you for failure to comply with any of these warranties is limited and determined by ELOQUII. The limited warranties set out in this Section apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by ELOQUII in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of this Agreement.
YOUR SOLE AND EXCLUSIVE REMEDY AND ELOQUII’s SOLE AND EXCLUSIVE LIABILITY WILL BE FOR ELOQUII TO USE COMMERCIALLY REASONABLE EFFORTS TO REPLACE THE NON-CONFORMING PRODUCT IN A TIMELY MANNER OR ISSUE A REFUND FOR THE NON-CONFORMING PRODUCT, AS APPLICABLE (EXCLUDING INSURANCE AND DELIVERY CHARGES).
I. Lost Items
We are not responsible for any items, including personal items, that are left in the Products and returned to ELOQUII. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at support@ELOQUIIunlimited.com or 1-888-270-0043. Our staff may assist in attempting to locate such items at your request, but are not obligated to and assume no liability for doing so.
2. SALES TERMS
A. General Conditions
You acknowledge and agree that only those Products designated by us on the Services as available for purchase are eligible for purchase by you. You also acknowledge that only Subscribers are eligible to purchase Products on the Services. UNLESS OTHERWISE INDICATED, THE PRODUCTS FOR SALE MAY HAVE BEEN PREVIOUSLY USED BY OTHER CUSTOMERS AND ARE NOT NEW, AND ALL SALES ARE FINAL AND “AS IS.” ELOQUII 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 and not eligible to be returned to ELOQUII. For more information on purchasing or returning a purchased Product from ELOQUII, please review our Frequently Asked Questions page at FAQs
B. Purchase Price
The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Services in connection with your purchase of the Products. ELOQUII reserves the right to alter Purchase Price, discounts, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize ELOQUII 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 state and local taxes, GST, fees, customs, duties, levies and other governmental assessments (collectively “Taxes”), all of which shall be paid by you directly and which may be included at time of checkout on the ELOQUII Unlimited website, or if paid by ELOQUII, shall be paid by you to ELOQUII in connection with your purchase order; provided, the Purchase Price for Products purchased through our Services is inclusive of Taxes. Unless otherwise indicated, all purchases are final and cannot be cancelled and returned.
C. Your Responsibility
You acknowledge and agree that upon delivery of any Products from ELOQUII, YOU BEAR RESPONSIBILITY FOR THE PRODUCT(S) INCLUDING SECURING PERSONAL RECEIPT OF THE PRODUCTS FROM THE AUTHORIZED MAIL CARRIER. You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location that you provide where you can physically and securely receive Product(s). In the event that an un-secure shipping address is provided, ELOQUII 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 ELOQUII will not be liable. You will be liable for all such delays and additional delivery fees.
3. SHIPPING AND RETURNS
All deliveries will be through ELOQUII’s shipping partners, which may change from time to time at our sole discretion. The shipping method used will be at the discretion of ELOQUII. We will email you a tracking number that provides information about estimated delivery and arrival times of Products through the Services. With delivery of Products through your Membership, ELOQUII will provide you with a pre-paid, pre-addressed ELOQUII mailing envelope (as the case may be) as well as instructions for your use in returning the Products to ELOQUII (“Return Packaging”). For eligible Products purchased and delivered through the Services, the third-party partner brand suppliers may provide a pre-paid, pre-addressed label with instructions for your use in returning the Products to the brand (“Supplier Return Packaging”). If you lose the Return Packaging or Supplier Return Packaging, please contact us at 1-888-270-0043 or support@ELOQUIIunlimited.com to request new Return Packaging. Notwithstanding the foregoing, you acknowledge and agree that ELOQUII will not be responsible or liable for providing any Supplier Return Packaging.
4. GIFT MEMBERSHIPS
The following additional terms and conditions apply to the sale, use and redemption of ELOQUII Unlimited electronic-only “digital” gift memberships (collectively, “Gift Memberships”). Purchase and use of a Gift Membership constitutes acceptance of this Agreement. In addition to the terms in this Section, the purchase, use, and redemption of Gift Membership are considered part of the Services subject to this Agreement generally.
A. Redemption and Use
Gift Memberships may only be purchased through the Site or App. Gift Memberships are redeemable only for eligible prospective and current Members, as determined at ELOQUII's sole discretion. Limits may apply to Gift Memberships’ redemption and use. A Gift Membership may only be used towards the Membership Fee and cannot be used to purchase Products or other Gift Memberships. When a Gift Membership is redeemed and activated, the total value of the Membership and sales tax will be deducted from the currently available Gift Memberships balance and your subscription will simultaneously begin. You will not be eligible for any promotions, offers, or incentives during the Gift Membership period. At the end of the Gift Membership term, you will automatically be billed the applicable Membership Fee and thereafter the Membership Fee will automatically renew and you will be billed monthly unless you cancel your Membership prior to the expiration of your Gift Membership. Your Gift Membership will expire on the date designated in the Gift Membership notification. Your Gift Membership cannot be paused. The Gift Membership number will be delivered to the recipient’s email address that purchaser provides at the time of purchase of the Gift Membership. Purchaser is responsible for providing an accurate and deliverable recipient email address. The recipient will usually receive the Gift Membership via email within 24 hours, or on the delivery date, the purchaser chooses, which must occur within ninety (90) days from the purchase date. For assistance with a Gift Membership, please reach out to customer service at support@ELOQUIIunlimited.com or call 1-888-270-0043.
B. Expiration and Fees
There is no expiration date to activate your Gift Membership and it is not subject to any fee. Gift Memberships are final and not redeemable, transferable, or exchangeable for cash or any value (except as required by law). Gift Memberships cannot be reloaded and are not refundable.
C. Lost, Stolen, or Damaged Gift Membership; Unauthorized Use
You should treat your Gift Membership like cash and protect it accordingly. Title to and risk of loss for Gift Memberships passes to the purchaser upon sale. ELOQUII reserves the right to refuse to accept Gift Memberships that ELOQUII believes were fraudulently obtained. ELOQUII is not responsible if a Gift Memberships is lost, stolen, destroyed, damaged, or used without permission; however, Gift Memberships may be replaced, at ELOQUII's sole discretion, if lost, stolen or damaged only with proof of purchase and only for the value shown on ELOQUII's records. ELOQUII is not responsible if your Gift Memberships is used without your permission.
D. Cancellation of Membership
If you cancel your Gift Membership, your account will expire at the end of the Gift Membership term and your account will be deactivated. After your cancellation request, you’ll be able to continue to use the Service for the remainder of your Gift Membership term. When the Gift Membership term expires, your cancellation will take effect and you will no longer be able to use to the Services.