Last Updated Date:
February 15th, 2019
The following Terms and Conditions (“Terms”) between you (referred to as “you” or “your”) and Rani Runway LLC (referred to as “Rani Runway”, “we”, “us”, or “our”) describe the specifications on which you may access and use the Rani Runway website located at http://www.ranirunway.com (the “Site”). These Terms apply to online and in-person product rentals with Rani Runway (the “Services”).
AS MENTIONED IN SECTION 14, YOU AGREE TO RESOLVE ANY CLAIMS OR DISPUTES THROUGH ARBITRATION AND WAIVE YOUR RIGHT TO GO TO COURT.
YOU MAY NOT USE THE SITE’S SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT OLDER THAN 13 YEAR OF AGE; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
BY PLACING AN ORDER FOR PRODUCTS OR USING ANY SERVICES FROM THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
1. General Information
A. Services and Products. Rani Runway aims to provide you with the ability to rent the latest South Asian clothing, shoes, and accessories (“Products”) to attend your next wedding, religious celebration, party, or event.
A. Minimum Age. You must be at least 18 years of age or older to rent Products or use the Services on this Site. Children under 18 years old but above 13 years old may use the Site to browse Products under the approval and supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a child between the ages of 13 and 18 years old, you are fully responsible for his or her use of the Services and care of the Products, including all liabilities.
B. Eligible Purchases. Individuals 18 years of age or older may rent Products through the Site with a valid payment card or other approved payment method. By using the Services and agreeing to these Terms, you represent that you are at least 18 years of age or older and that you are authorized to use the chosen payment method for the purpose of renting Products.
3. Rental of Product
A. Rental Fee. Unless otherwise noted, prices for each Product will be posted on the Site. All prices, discounts, and promotions on the Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email or correspondence. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
B. Payment. Terms for payment are within our sole discretion, and payment must be received by us before acceptance and delivery of an order. When you place an order for a Product, you hereby authorize Rani Runway to charge your payment card or send you an invoice for the Rental Fee. Products will only be delivered upon Rani Runway receiving the full payment. We accept payment through credit cards, debit cards, or other agreed upon payment methods. If using a credit card, you represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
C. Promotional Pricing. We may offer from time to time promotions on the Site, or to certain individuals or companies. These promotions may affect the pricing and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a promotion and these Terms, the terms and conditions for the promotion will govern that specific circumstance.
D. Limitations on Rental. You acknowledge and agree that we may place a limit on the rental of Products, including but not limited to restricting orders for customers based on geography, inventory, and payments from a single account. We reserve the right to limit, prohibit, or cancel any Services for any reason in our sole discretion.
4. Shipments; Delivery; Risk of Loss
A. Shipments. We will arrange for the shipment of products at the mailing address provided by you. You will pay all shipping and handling charges specified during the ordering process. At the time of order, you may request expedited shipping for an additional cost. The shipping method used by Rani Runway is at our sole discretion and may change from time to time.
B. Delivery. Your products will be delivered as soon as payment is received. Rani Runway will communicate with you directly regarding the shipment details, time of delivery, tracking information, and any other relevant information with regard to the shipping process. Rani Runway is not liable for any delays, damages, or other issues as a result of the courier. Upon delivery, you bear responsibility for the Products.
C. Return Shipping. With the delivery of the Product, Rani Runway will provide you with a pre-paid mailing label [and packaging] as well as instructions for you to use when returning the Products to Rani Runway. The cost for return shipping is included in the Rental Fee.
D. Lost Items. We are not responsible for any personal item or any other item left with the Products when returned to Rani Runway. If you believe you have accidentally or otherwise sent us such an item, please contact Rani Runway as soon as possible, and we will attempt to locate such item; however, we are not obligated to do so and do not assume any liability.
E. Risk of Loss. Title and risk of loss pass to you upon our transfer of the Products to the chosen courier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment caused by the courier.
A. Lost or Severely Damaged Items. If you lose, severely damage, or fail to return a Product that you rented, in addition to your Rental Fee, you hereby authorize Rani Runway to charge your payment card or invoice you for an amount equal to 100% of the original retail value of the Product (when new) as set forth on the Site (“Retail Value”) plus applicable sales taxes.
B. Late Fees. If you return the Products late, you will incur a late fee of fifty dollars ($50.00) for every day the item is late, which will be charged to the payment card used to pay the Rental Fee. If you fail to return the Product for a period greater than 30 days after the return date, you will be charged the full Retail Value of the Product. In certain circumstances, Rani Runway will waive the late fee which will be agreed upon in writing.
C. Refunds. If any of the Products are not up to your standards, do not fit you, or if there are any other issues, you must notify Rani Runway and return such Products within 24 hours. Upon receiving such Products, Rani Runway will give you a full refund (less delivery charges). If such Products have been worn, or Rani Runway is not notified and such Products are not returned within 24 hours, a refund will not be issued.
D. Change Fees. If you would like to change a Product, you must notify Rani Runway and return the first Product for a different item within 24 hours from the time of delivery. If the new Product is the same or lower price as the first Product, you may change the Product at no fee (less delivery charges). If the new Product is more expensive than the first Product, Rani Runway will notify you of any additional costs. Rani Runway may waive additional fees at their discretion.
E. Collections. If you do not pay the amounts that you owe Rani Runway when due, or your payment method fails over a continuous period of time, Rani Runway will need to institute collection procedures. You agree to pay Rani Runway’s cost of collection, including without limitation to reasonable attorney’s fees.
6. General Terms and Conditions
A. Use of Product. As several of the Products are delicate or one-of-a-kind pieces that include intricate detail, beadwork, and/or jewels, you agree to treat the Products with the highest degree of care. You are responsible for any 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, missing beading, or other minor damages. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you the full price to repair the Product or the Retail Value of the Product as determined in our discretion.
B. Return of Products; Extension. You agree to return the Products to Rani Runway on or before the return date as identified in your invoice order. You may extend the order for a Product subject to the approval of Rani Runway and any additional fees.
C. Communications. You consent to receiving communications from us, including email, text messages, calls, and newsletters, regarding your orders, deliveries, reminders, the return of your Products, updates to our Services, marketing, advertisement, and any other relevant information.
7. Cancellation Policy
A. Cancellation Fees. You may cancel your order subject to the following fees and policies:
i. If you cancel fifteen days (15) or more in advance of the delivery date there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
ii. If you cancel the order less than fifteen (15) days before your delivery, you will receive a refund of 80% of your payment. The credit card used for the order will be charged.
B. No Cancellation. Once an item has been dispatched for delivery, subject to Section 3 and Section 5, you may not cancel the order and you will be charged the full amount of the rental.
8. Limited Warranties
A. Correct Products. Rani Runway will deliver the Products you order, including the specified size, color, and design, on or before the delivery date, subject to any condition that would prevent timely delivery. In such event, Rani Runway will use reasonable efforts to notify you that the Product cannot be delivered on the delivery date. Products may appear slightly different in color and style than what is presented on the Site.
B. Clean and Ready to Wear. The Products have been professionally cleaned and are ready to wear when delivered.
C. Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the Products or Services offered on our Site. The availability of Products or the Services on our Site do not indicate an affiliation with or endorsement of any other product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the Products or Services offered on our Site.
D. Goods Not for Resale or Export. You represent and warrant that you are renting Products from the Site for your own personal or household use only, and not for resale or export.
9. Modification or Suspension of Services
A. Modification. These Terms are subject to change or modification by Rani Runway without prior written notice at any time. Any changes to these Terms will be in effect as of the “Last Updated Date” as referenced on the Site.
B. Suspension. Rani Runway may discontinue or suspend the Services at any time for any reason. Rani Runway will make commercially reasonable efforts to notify you of any material changes to these Terms by posting a notice on the Site or reaching out to you directly.
10. Intellectual Property
A. Ownership of Services. The Services, including Rani Runway’s service names, logos, and content, including all intellectual property rights in and to the Services and any changes, modifications, or corrections thereto, are the property of Rani Runway. Rani Runway reserves all rights in and to the Services not granted expressly in these Terms. Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any of Rani Runway’s content except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Rani Runway.
B. Use of Content. If you post, upload, or make available any photos, reviews, information, data, text, images, files, software, communications, or other materials regarding Rani Runway’s Services and your use of the Products or Services on any website, blog, article, or social media platform (“Your Content”), you hereby grant Rani Runway a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Products or Services, including but not limited to advertising, promoting, and marketing the Products or Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.
A. Termination by You. You may discontinue your use of the Services at any time. You understand that Your Content, may continue to exist and be used on the Site even after your discontinuation of the Services. You will still be liable for any payments and/or fees due for Products or Services prior to the date of termination as outlined in Section 3 (Rental of Product); Section 4 (Shipments; Delivery; Risk of Loss); Section 5 (Fees); Section 6 (General Terms and Conditions); and Section 7 (Cancellation Policy).
B. Termination by Rani Runway. Any violation of these Terms may result in your suspension or termination of Rani Runway’s Services and Products, and the removal of Your Content. Rani Runway may terminate its relationship without notification and upon its sole discretion at any time.
12. Disclaimer of Warranties
A. ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
B. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
14. Dispute Resolution and Binding Arbitration
A. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
B. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
C. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days from your rental. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
D. You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
E. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
A. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to the Site. Notices sent by email will be effective on the date the email is sent, and notices that are posted on the Site will be effective upon posting. It is your responsibility to keep your email address current and review any new notices on the Site.
B. To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or by registered or certified mail. Notice provided by personal delivery will be effective immediately. Notice provided by overnight courier will be effective one business day after it is sent. Notice provided by registered or certified mail will be effective three business days after it is sent.
A. Updates. We may update our content, Product descriptions, specifications, prices, policies, and these Terms as we deem appropriate without notice to you.
B. Third-Party Content. The Services may contain links and references to Product designers, websites, companies, and other relevant materials (“Third-Party Content”). This Third-Party Content is provided to you as a convenience for additional information. Rani Runway is not responsible for any Third-Party Content or the actions of those that provide such content. Any information on a Third-Party does not imply that Rani Runway endorses or accepts any responsibility or liability for the Third-Party, or vice versa.
C. Use of Services. You may not use the Services to: (i) transmit any content, information or other materials that are, or which Rani Runway 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, including without limitation to expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, or firearms; (iii) display material that exploits children under 18 years of age; (iv) post any content, information or other materials that infringe, misappropriate, or violate any intellectual property or other rights of any third-party; (v) promote, solicit or participate in multi-level marketing or pyramid schemes; (vi) negatively impersonate any other person, including but not limited to, a Rani Runway representative; (vii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitation of credit card numbers, solicitation for sponsors, or promotion of raffles or contests without prior consent from Rani Runway; or (viii) violate any applicable local, state, national or international laws or regulations. You also agree that you 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.
D. Indemnification. By using the Services, you agree to indemnify, hold harmless, and defend Rani Runway and its affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorney’s fees resulting directly or indirectly from a claim by a third-party that is based on your use of the Services.
E. Export Laws. The law of the United States of America prohibits the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including Rani Runway’s content, or any part thereof, in any way, in violation of United States Law.
G. Governing Law and Jurisdiction. This Site is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule.
H. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
I. Waiver. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Rani Runway.
J. No Third-Party Beneficiary. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
K. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
M. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.