The Ensemble Sale and Rental Agreement
Effective Date: 5/25/2021
The following Sale and Rental Agreement (“Agreement”) between you and CaaStle, Inc. (dba The Ensemble) (“we,” “our,” “us,” or “Ensemble”) describes the terms and conditions on which you may purchase and rent Products from us through The Ensemble 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 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 The Ensemble shall control.
BY ACCESSING OUR SERVICE, YOU ARE ACCEPTING THESE TERMS. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME. YOUR CONTINUED USE OF THE SERVICE 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.
The following terms only apply if you borrow or purchase Products through our Services on an individual basis (“Borrow Program”), as may be offered by The Ensemble from time to time:
A. General Conditions
You may borrow or purchase Products through the Borrow Program. By using our Services through the applicable “Borrow” link provided by the retailer on their e-commerce website for the specific Product available under the Borrow Program, you will be entitled to borrow such Product for a fee based on the amount of time you keep the Product for (the “Borrow Period”) in accordance with Section 1(C) below. You also have the option to buy the Product by paying the Product’s Purchase Price (as defined below is Section 2), which shall be discounted by any daily usage fees you may have paid during the Borrow Period. ALL BORROW PROGRAM ORDERS ARE FINAL, AND NO REFUNDS WILL BE PROVIDED.
Products may be borrowed or purchased for use by individuals under 18 years of age, but only adults 18 years old and older may borrow and purchase the Products through the Borrow Program with a payment card or other approved payment method. 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 borrowing Products as described in this Agreement.
B. Condition; Use of the Products
The Products available under the Borrow Program will be professionally cleaned and delivered ready to wear. The Ensemble launders, dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and The Ensemble 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. If you return a Product that is damaged beyond normal wear and tear, which determination shall be made at The Ensemble’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. Borrow Program Fees
By confirming a Borrow Program transaction, we will charge you a fixed fee (the “Paid Through Fee”) to borrow the Product for a fixed Borrow Period offered to you through our Services at the time of such transaction (the “Paid Through Period”). If you do not return the Product within the Paid Through Period, then the Borrow Period will automatically extend and we will charge you a daily fee plus applicable taxes (collectively, the “Daily Usage Fee”) for each additional day you continue to borrow the Product for. You will be billed weekly for the accrued Daily Usage Fee to your payment method on file. If the total Daily Usage Fee equals the Purchase Price (as described in Section 2 below) of the Product, you may keep the Product at no additional cost. You hereby authorize The Ensemble or our third party payment processor to charge your payment card for the Paid Through Fee upon confirmation of a Borrow Program transaction, and any applicable Daily Usage Fees (collectively with the Paid Through Fee, the Borrow Fees”) on a weekly basis, until you return your Borrow Product, or once your Borrow Fees equals the Purchase Price for the Product. You may also choose to buy the borrowed Product at any time during the Borrow Period; if you choose to buy the Product, we will apply any Daily Usage Fees already paid as a discount towards your purchase. The current Borrow Fees are subject to change at our discretion and any such change will be effective for any subsequent borrowing under the Borrow Program. The Borrow 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 Borrow Fees. If you fail to make payment of the Borrow Fees, then The Ensemble, at its sole discretion, may terminate your account or suspend your use of the Services. Further, if you do not pay the amounts you owe to The Ensemble when due, then The Ensemble will need to institute collection procedures. You agree to pay The Ensemble’s costs of collection, including without limitation reasonable attorneys’ fees.
When you are ready to return your Borrow Program Product and end your Borrow Period, you will notify us of your intention to return on your account page. Once you confirm your intention to return your Product and end your Borrow Period, (a) we will stop charging you any additional Daily Usage Fees and settle outstanding daily usage charges, and (b) you have seven (7) days to return the Product. If you do not return the Product within the seven (7) day period, we will charge you for the late return of the Product up to the Retail Price of the Product set forth on the Services, plus applicable sales tax. We will provide you with a Return Packaging (as further described in Section 3 below), which you shall use to return the Product you borrowed. You agree to return any Product using the Return Packaging.
E. Changes to Borrow Program; Termination
We reserve the right to limit, cancel or prohibit any Borrow Program transaction for any reason in our sole discretion, including but not limited to availability and geographic concerns. We reserve the right to modify (including the Borrow Fees) or terminate your Borrow Program order at our sole discretion without prior notice. If we terminate your Borrow Program order, we will not charge you for the Borrow Program order, or if we have already charged you, we will provide you with a refund for the Borrow Program order. 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, or any applicable law.
F. Limited Warranties
The following are the limited warranties The Ensemble provides in connection with a Product borrowed through the Borrow Program. The Ensemble’s liability to you for failure to comply with any of these warranties is limited and determined by The Ensemble. 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 The Ensemble 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 THE ENSEMBLE'S SOLE AND EXCLUSIVE LIABILITY WILL BE FOR THE ENSEMBLE 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).
G. Lost Items
We are not responsible for any items, including personal items, that are left in the Products and returned to The Ensemble. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at email@example.com or 1-877-378-7381. 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.
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 users of the Borrow Program who have created an acount on the Services 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.” The Ensemble 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 The Ensemble. For more information on purchasing or returning a purchased Product from The Ensemble, please review our Frequently Asked Questions page at FAQ.
B. Purchase Price
The purchase price (“Purchase Price”) for the Products will be the purchase fee listed on the Services in connection with your purchase of the Products. The Purchase Price is a dynamic price that may change based on a number for factors, including but not limited to the Original Price, rental history of the Product, and current trends. The Ensemble 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 The Ensemble 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 The Ensemble website, or if paid by The Ensemble, shall be paid by you to The Ensemble 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. Note that the Purchase Price may not be the same as the “Retail Price” or “Original Price” for the Product. The “Retail Price” or “Original Price” is the first offered price for sale of the Product on an official brand site, potentially in previous months or seasons, and does not address any intermediate markdowns that may have been taken in later months or seasons.
C. Your Responsibility
You acknowledge and agree that upon delivery of any Products from The Ensemble, 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, The Ensemble does not bear any 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 The Ensemble will not be liable. You will be liable for all such delays and additional delivery fees.
SHIPPING AND RETURNS
All deliveries will be through The Ensemble's shipping partners, which may change from time to time at our sole discretion. The shipping method used will be at the discretion of The Ensemble. 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 throughthe Borrow Program, The Ensemble will provide you with a pre-paid, pre-addressed The Ensemble mailing envelope (as the case may be) as well as instructions for your use in returning the Products to The Ensemble (“Return Packaging”). If you lose the Return Packaging, please contact us at 1-877-378-7381 or firstname.lastname@example.org to request a new Return Label.