Terms Of Service
Terms of Service
LAST UPDATED: May 5, 2020
ABOUT THESE TERMS
Accepting these Terms
Welcome to Rhinestone Lipgloss! This Terms of Service agreement (“Terms”) is between you (“you” or “your”) and Rhinestone Lipgloss, LLC. (“we,” “our,” “us,” or “Rhinestone Lipgloss”), and governs your access to and use of our website located at rhinestonelipgloss.com (and any successor site thereto) (the “Site”), our mobile application (the “App”) and related services, including Rhinestone Lipgloss’s product rental and sale services (together with the Site, the App, and the Content (as defined below), the “Services”). These Terms also apply to in-store and event rentals and sales, which are part of the Services.
Please review these Terms carefully; by accessing or using any of the Services, including by creating an Account (as defined below), you acknowledge that you have read, understood, and agreed to be bound by these Terms.
These Terms are a legally binding contract between you and Rhinestone Lipgloss. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. Under no circumstances may you access or use the Services if you are under thirteen (13) years old. Your access to and use of the Services in any way also means that you agree to all of these Terms, and these Terms will remain in effect while you access or use the Services. These Terms incorporate by reference any additional terms and conditions posted by Rhinestone Lipgloss through the Site and/or the App, or otherwise made available to you by Rhinestone Lipgloss (the “Additional Terms”), and you understand and agree that by accessing or using any of our Services, you agree to also comply with all Additional Terms.
EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN SUBCLAUSE (c) OF THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.
The Services are controlled or operated (or both) from the United States, and are not intended to subject Rhinestone Lipgloss to any non-U.S. jurisdiction or law. You may not use the Services to rent or purchase Products outside of the United States. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services (including access to the Site via any third-party links). We encourage you to check our Site periodically for the most current Service offerings. Similarly, we may update the Content, including descriptions and specifications about Products or Services, and we reserve the right to remove any Content (as described below) at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in violation of these Terms), in our sole discretion, and without notice. Rhinestone Lipgloss will have no liability for any change in the Services, or any suspension or termination of your access to Services.
We also reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site. The “Last Updated” legend above indicates when these Terms were last changed. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account. You are responsible for providing us with your current email address when you create an Account, and, if your email address changes, for updating your Account information to reflect your new email address. Your continued use of the Services, including by renting or purchasing Products (as defined below) from us, following any changes to these Terms will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. If you don’t agree with the new Terms, you may no longer access or use the Services.
ABOUT OUR SERVICES
How to Access Rhinestone Lipgloss Services
As noted above, you must be 13 years or older to access or use the Services. To use the Services, you may be required to sign up for an account (your “Account”), select a password and username (your “Rhinestone Lipgloss User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and up-to-date information, and to maintain and update such information. You may not select as your Rhinestone Lipgloss User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. We may reject, or require that you change, any Rhinestone Lipgloss User ID, password or other information that you provide to us in registering for an Account. You may not transfer your Account to anyone else without our prior written permission. You may only register one Account per Paid Service (as defined below).
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services operated by third parties (each, a “Third Party Account”), such as those offered by Google and Facebook. By using the Services through a Third Party Account, you authorize us to access information from such Third Party Account for use in connection with the Services.
You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of these Terms, any Additional Terms, or applicable law.
You may not share your Account (including your Rhinestone Lipgloss User ID or password) with anyone, and you must protect the security of your Account (including your Rhinestone Lipgloss User ID and password) and any other access tools or credentials. You’re solely responsible for any activity associated with your Account, including all charges incurred from use of the Services with your Account.
We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or 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 use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms.
Cost of the Services
We may charge you to access and use certain parts of the Services (the “Paid Services”). We reserve the right to modify or waive fees required to use certain parts of the Services. You are solely responsible for: (i) the fee for any Paid Services that you order and that are not cancelled in accordance with our cancellation policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any late fees accrued by you due to late or lost items.
For more information about our Services, including pricing and fees and cancellation policies, please FAQ Section. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
If you rent a Product through our Reserve Service, the rental fee (“Rental Fee”) will include insurance charges and delivery charges (as applicable) listed on the Reserve Service for your rental of the applicable Product. Rhinestone Lipgloss reserves the right to alter the Rental Fee or availability of any particular item at its discretion and without notice.
If you purchase a Membership Service, the subscription fee (“Subscription Fee”) will be the then-current applicable subscription rate (including all applicable taxes and fees) listed on the Membership Service on the date that you sign up for such Membership Service; provided that, if your Membership Service is based on a promotional rate, you will be charged a fee equal to the promotional rate for the duration of the promotion, and, after the expiration of the applicable promotion, you will be charged the applicable rate on a recurring monthly basis. For information on the applicable fees, including any applicable discounts and insurance charges listed during the check-out process, please see the “ Plans” section of our Site. Rhinestone Lipgloss reserves the right to alter the Subscription Fee or availability of any particular item at its discretion and without notice.
If you purchase a Product through the Services, the purchase price for such Product (“Purchase Price”) will be equal to the purchase fee and delivery charges listed on the Service for the applicable Product at the time of purchase. Rhinestone Lipgloss, at its discretion and without notice, reserves the right to alter the price of a Product, the amount or availability of any discount, or the availability of any particular item. You hereby authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) for the Purchase Price when you purchase Products. We will charge your Payment Method the amount of the Purchase Price immediately upon your purchase order. We do not make, and expressly disclaim, any warranties of any kind with respect to any Product that you purchase, and such Product is provided on an “AS IS” basis.
If you do not return one or more Products that are part of a single order (other than Products that you purchase) after the date on which such Products must be returned or do not return the Product(s) at all (see the “Returns, Extensions, Shipping, and Lost Items” section below), you hereby authorize us (or our third-party payment processor) to charge your Payment Method a non-refundable late fee for every day that we do not receive every Product that comprises such order, up to an amount equal to one hundred percent (100%) of the retail value of the Products not returned to us (for each Product, the “Retail Value”) plus applicable sales tax. The late fee is payable on a per-order, not a per-Product, basis. If you have not returned a Product within twenty (20) days after the specified return date for such Product, your late return will be considered a non-return and you hereby authorize us (or our third-party payment processor) to charge your Payment Method the Retail Value of the Product, minus any late fees that you have already paid, plus applicable sales tax. Please see our FAQ Section for the current amount we charge for a late fee.
If you are charged by Rhinestone Lipgloss for the full Retail Value of a Product pursuant to this “Late Fees” section, you are permitted to retain the Product; however, we do not make, and expressly disclaim, any warranties of any kind with respect to the Product, and the Product is provided to you on an “AS IS” basis. For the avoidance of doubt, this “Late Fees” section shall not apply to the Rental Fee, or fees paid or payable by you for the non-return of Return Packaging (as defined below), each of which will be charged separately from, and in addition to, any late fees. Late fees will not apply to any Products ordered using the Membership Service, unless you Cancel the Membership Service. Payment of any late fees does not excuse your breach of these Terms and does not limit our rights or remedies hereunder.
Rhinestone Lipgloss Packaging
With the delivery of a Product, Rhinestone Lipgloss will provide you with pre-paid, pre-addressed packaging that you can use to return the Product (“Return Packaging”), as well as instructions for returning the Product to Rhinestone Lipgloss. You may not keep, sell, or transfer (other than to us) any Rhinestone Lipgloss-branded packaging, labels, and accessory boxes (“Rhinestone Lipgloss Packaging”) that we provide to you. If the Rhinestone Lipgloss Packaging is not returned prior to the earlier of (i) sixty (60) days after the return of the associated Product or (ii) the termination, cancellation, or expiration of your Account or Paid Services, you hereby authorize us (or our third-party payment processor) to charge your Payment Method a non-refundable non-return fee for each garment bag, accessory bag, and/or accessory box that is not returned to us. After we charge your Payment Method for the Rhinestone Lipgloss Packaging that you did not return, you are permitted to retain such Rhinestone Lipgloss Packaging; however, we do not make, and expressly disclaim, any warranties of any kind with respect to such Rhinestone Lipgloss Packaging, and the Rhinestone Lipgloss Packaging is provided to you on an “AS IS” basis. Please see our FAQ Section for the current amount we charge for non-return fees (including for packaging, and accessory boxes).
Other Terms Related to Products and Services
Use of the Products
You agree to treat the Products with great care. You are responsible for any loss, destruction, or damage to the Products for any reason (other than normal wear and tear), including due to theft, loss, mysterious disappearance, fire, major stains, or any other cause. Normal wear and tear means minor stains, rips, missing beads, stuck zippers, or other minor damage that is covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you hereby authorize us (or our third-party payment processor) to charge your Payment Method for the price for repairing or replacing the Product, as determined in our discretion, up to the full Retail Value for the Product.
Product and Service Descriptions
We may, in our sole discretion, provide listings, descriptions, or images of Products that are available on the Services, as well as references and links to Products, but we do not warrant that the Product listings, descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products will be available, even if noted as so on our Services. Such information and the availability of any Product are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer (including a smart phone or similar device) will accurately display such colors. The prices displayed for Products and Services are quoted in U.S. dollars, unless otherwise indicated. Prices and availability for Products on our Reserve Service are not confirmed until the applicable Products are shipped; if the actual price of such a Product is higher than our stated price, or if the Product is no longer available, we will contact you for instructions before shipping or cancel your order and notify you of such cancellation. The availability through the Services of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product.
You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information for your Account up-to-date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each Product until you return such Product (including while they are in transit). We reserve the right to reject, cancel, or prohibit any rentals or sales of Products for any reason. Please see our FAQ Section for more information regarding deliveries.
Returns, Extensions, Shipping, and Lost Items
You agree to return each rented Product to Rhinestone Lipgloss on or before the return date for the Product identified in the applicable online invoice for your order. We may, but are not required to, permit you to extend your order for a Product (including by contacting us), subject to pre-payment of any additional fees applicable to that Product for the period of time of the extension. We are not responsible for any personal or other items left in the Products or which are returned to Rhinestone Lipgloss in the Return Packaging. If you believe you have accidentally or otherwise sent any such items to us, please contact customer service as soon as possible at email@example.com. We may, but are not required to, assist you in attempting to locate such items at your request, and we assume no responsibility or liability if we attempt to locate such items.
If you use the Return Packaging that we provide, you must use the shipping carrier specified on the pre-paid shipping label included with the Return Packaging. Rhinestone Lipgloss will not be responsible for loss, theft, or damage to Products that are shipped back to us using any carrier other than the carrier that is specified on our Return Packaging, or for any fees or expenses that you incur due to delays in Rhinestone Lipgloss receiving the Product. Rhinestone Lipgloss does not ship Products outside of the United States, and you may not return Products to us from outside of the United States without our prior written permission.
In the event that you lose or damage the Return Packaging that we provide, you will be responsible for returning the Product to us in your own packaging, at your own expense. Furthermore, you acknowledge that using any packaging or shipping carriers other than our Return Packaging and the carrier specified thereon may result in delivery delays and additional delivery fees for which Rhinestone Lipgloss will not be liable. You will be solely liable for all such delays and additional delivery fees
For more information regarding Product returns, please refer to our FAQ Section for the most up-to-date information.
Rhinestone Lipgloss Partners
We may, from time to time, permit you to have rental Products shipped to our third-party partners. If you choose to have rental Products shipped to such third-party partners, notwithstanding anything to the contrary in these Terms, you must return such rental Products, using the Return Packaging, to our third-party partners, unless we expressly permit you to otherwise return the rental Products in accordance with these Terms.
Billing and Payments
How Payments Work
When you place a rental order for a Product, you hereby authorize Rhinestone Lipgloss to charge your payment card or other payment instrument (“Payment Method”) for the Rental Fee. You must ensure that at all times your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to Rhinestone Lipgloss and notifying Rhinestone Lipgloss of any changes to such information. Rhinestone Lipgloss will charge your Payment Method the amount of the Rental Fee immediately upon your rental order. A reservation of a Product through the Services is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize Rhinestone Lipgloss to charge your Payment Method for an amount up to the Retail Value of the Product set forth on the applicable Service plus applicable sales taxes; provided that Rhinestone Lipgloss will only charge your Payment Method for an amount that is greater than the Rental Fee as described below and in the Cost of Services section above. Rental Fees exclude all federal, state, and local taxes, goods and service tax, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by you directly or, if paid by Rhinestone Lipgloss, shall be paid by you to Rhinestone Lipgloss in connection with your rental order.
We use a third-party payment processor (the “Payment Processor”) to bill you for any Paid Services through a payment account linked to your account (your “Billing Account”). By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen Payment Method. You agree to make payment using that selected Payment Method, but if the Payment Processor is not able to charge your preferred Payment Method, you authorize us to use any Payment Method stored on record for your Billing Account. We reserve the right to suspend or cancel a rental order or terminate your access to the Services in the event that we are unable to successfully charge the provided Payment Method. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that we or the Payment Processor make(s) even if we have or our Payment Processor has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
How Recurring Billing and Auto-renewal Work
Some of the Paid Services are offered as a subscription that may consist of an initial period, for which there will be an initial charge, followed by recurring period charges as agreed to by you (“Membership Services”). If you choose a Membership Service, your Payment Method will be charged the then-current applicable rate (including all applicable taxes and fees) on the date that you sign up for such Membership Service. This date is your “Billing Date.” The applicable fee will automatically renew, meaning your Payment Method will be automatically charged the then-current applicable rate for the Membership Service during each subsequent month until you Pause or Cancel (each as defined below) the Membership Service or terminate your Account. Recurring charges will occur on a going-forward basis each month on or about the same date as your Billing Date (however, if your Billing Date does not exist in a given month, you will be billed on or around the last day of that month). The period between your Billing Dates is referred to as a “Billing Period.” As of your first Billing Date, the Membership Services are available to you, subject to these Terms. Your Account will remain active and you will remain eligible to participate in the Membership Services for subsequent Billing Periods after we successfully receive your payment for each applicable Billing Date. If you do not want to continue to be charged on a recurring monthly basis, you must Cancel or Pause the applicable Membership Service or terminate your Account before the end of the then-current Billing Period.
By choosing a recurring Membership Service, you acknowledge that such Paid Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR CANCELLED OR PAUSED THE SERVICES OR YOUR ACCOUNT. Such notice will not affect charges that have already been submitted or are in process.
To change your Payment Method, go to your account settings. To delete a Payment Method or terminate your payment authorization, contact us at firstname.lastname@example.org. For information on how to Pause or Cancel your account, see below.
Information Provided by Customers
You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). If your Payment Method is canceled for any reason (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your User ID or password, you must promptly notify us and update your Payment Method. Changes to such information can be made in your account settings. IF YOU FAIL TO PROVIDE ANY OF THE REQUIRED INFORMATION OR KEEP SUCH INFORMATION UP-TO-DATE, YOU AGREE AND ACKNOWLEDGE THAT WE MAY CONTINUE CHARGING YOU USING ANY PAYMENT METHOD YOU HAVE ON RECORD, FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT, UNLESS YOU HAVE CANCELLED OR PAUSED YOUR PAID SERVICES OR TERMINATED YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state taxes), we shall provide notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each Billing Period.
Your non-termination or continued use of a Membership Service reaffirms that we (and/or our Payment Processor) are authorized to charge your Payment Method for that Membership Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Membership Service.
Pausing and Cancelling Services
How to Pause a Membership Service
We may, but are not obligated to, permit you to put your Membership Service on hold for one or more Billing Periods (a “Pause”). If you wish to Pause your Membership Service, you must return each Product still in your possession by your next Billing Date, in accordance with these Terms, for the Pause to go into effect. If you do not return each Product in your possession prior to your next Billing Date, your Membership Service will not be Paused and you will continue to be charged for the Membership Service. Once Paused, we will provide notice to you on or before the date that your Membership Service reactivates. You can reactivate your Membership Service during a Pause at any time prior to the set date of reactivation, and that the date on which you manually reactivate your Membership Service will become your new Billing Date. Please see our FAQ Section for more information regarding Pauses (including how to initiate a Pause or reactivate your Membership Service).
How to Cancel your Account or a Membership Service
You may terminate your Account or your Membership Service (“Cancel”) at any time. If you Cancel your Membership Service, you may use the Membership Service until the end of your then-current Billing Period and your membership will not be renewed after the expiration of your then-current Billing Period. You must return all Products in your possession in accordance with these Terms no later than the expiration of your then-current Billing Period or the return date in the applicable online invoice (whichever is earlier) to avoid incurring additional charges, including late fees. Please see our FAQ Section for more information regarding how to Cancel your Account or your Membership Service.
Please note that you will not receive any refunds for amounts already paid for the Membership Services, and you will still be responsible for payment of any fees or charges (including, without limitation, all Rental Fees) incurred by you prior to termination of your Membership Service. Membership Services cannot be terminated before the end of the Billing Period for which you have already paid, and except as expressly provided in these terms, Rhinestone Lipgloss will not refund any fees that you have already paid.
Rhinestone Lipgloss is also free to suspend, limit, or terminate your access to or use of the Services or your Account, for any reason in our discretion, including your breach of these Terms.
The following provisions survive expiration or termination of these Terms (or your Account): “Changes,” “Late Fees,” “Rhinestone Lipgloss Packaging,” “Returns, Extensions, Shipping and Lost Items,” “Your Content,” “Use Restrictions,” “Use of your Content,” “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnity,” “Assignment,” “Choice of Law,” “Arbitration Agreement,” “Taxes,” “Waiver; Severability,” and “Entire Agreement.”
How to Cancel a Reserve Order
You may cancel a Product ordered using our Reserve Service subject to our cancellation fees and policies. Please see our FAQ Section for more information regarding our Reserve Service cancellation fees and policies.
Free trials and Promotions
Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. At the end of your free trial or promotion, you will be signed up to use the applicable Paid Service and charged in accordance with these Terms, unless you Cancel the Paid Service in accordance with these Terms. Please note that any payment terms presented to you in the process of using or signing up for a free trial or other promotion are deemed part of these Terms.