These terms and conditions are a legal agreement between you ("You" or "Your") and Shoobilee, Inc. with corporate office at 10323 Rush St. South El Monte CA 91733 ("Shoobilee, Inc.", “we”, "us," or "our"), establishing terms and conditions under which you will submit information to, and rent fashion products (each a “Product” and collectively, "Products” or “Items") and receive related services (“Services”) from, Shoobilee, Inc. via our website at https://www.Shoobilee.com
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ORDERING PRODUCTS OFFERED ON OUR SITE, SIGNING UP FOR THE SERVICE AND PUTTING IN YOUR CREDIT CARD DETAILS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ORDER ANY PRODUCTS AND DO NOT RENT THE PRODUCTS.
WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.
General; Rental Not Purchase; Adult Agreement Required.
Our Products may be rented for use by individuals under 18 years of age, but rentals are made only to adults who must provide credit card information which must be approved by our merchant and processing agent. If You are under 18 years of age, You may accept these terms and conditions and order Products only with involvement and approval of Your parent or legal guardian.
Rental Fees; Credit Card Authorizations; 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 Your order for your SHOES, 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 – “Check Out”.
In addition, at the time of Your order of a Product, You hereby authorize Shoobilee, Inc. 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 4 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 Shoobilee, Inc., shall be reimbursed by You to Shoobilee, Inc. in connection with Your order for the rental.
You may cancel your membership at least THREE (3) BUSINESS DAYS prior to the renewal of your membership to Shoobilee to avoid being charged for another month. Canceling account post renewal date or within 72 hours of the renewal will result in your account being charged for an entire month of Shoobilee membership. Once cancelled, your membership will continue until the end of the current billing cycle. No pro-rated refund will be given out if you cancel the membership in the middle of the billing cycle. You understand that by purchasing Shoobilee’s membership based program, you authorize us to continue your membership automatically, charged monthly to the payment method provided until you cancel. Cancellation can be done by contacting us through www.Shoobilee.com.
All deliveries will be made as per Shoobilee delivery and mailing schedules. We do NOT guarantee the delivery date of items and you agree that items in your ShooRack will be delivered as they become available.
Shoobilee members will drop off the products through our charity partners regardless of the reason of return. However, you may contact our customer service through our website to request an expedited handling for the same pair of shoes if the shoes don’t fit due to sizing.
Your Commitments to Us; 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, Shoobilee, Inc. 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 Shoobilee, Inc. is not to be held liable, but you will be responsible for.
Use of the Products
You agree to treat the Products with great care, and return them in good condition. 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 shoes. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you up to the Retail Price of USD 10 for the Product as advertised on our website.
Breach of Agreement
We reserve the right to terminate your right to be a member of Shoobilee at any time in the event of your breach of this Agreement or for no reason or any other reason in our discretion.
We will use the preferences and orders you provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by clicking on the links provided at the bottom of those e-mails when available.
Limitation of Liability.
No Indirect Damages. IN NO EVENT SHALL SHOOBILEE, INC. / SHOOBILEE (OR ITS SUPPLIERS OR LICENSORS) 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 SHOOBILEE, INC./ SHOOBILEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Limited Direct Damages. SHOOBILEE, INC.’S (AND ITS SUPPLIERS’ AND LICENSORS') 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.
This Agreement constitutes the entire agreement between You and Shoobilee, Inc. 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 Shoobilee, Inc. We reserve the right to terminate or amend this Agreement 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 conditions of this Agreement. The Agreement 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 this Agreement without Shoobilee, Inc.’s prior written consent. Termination of this Agreement will not relieve
Sections 1, 2, 3, 4, 5 shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. Shoobilee, Inc. 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.