RENTAL AGREEMENT

These terms and conditions are a legal agreement between you (“You” or “Your”) and CHIC MARIE, INC. (“CHIC MARIE, Inc.,” “We”, “we”, “us”, or “our”) establishing terms and conditions under which You will submit information to, and rent dresses and accessories (each a “Product” and collectively “Products” or “Items”) and receive related services (“Services”) from CHIC MARIE, Inc. via our website at www.chicmarie.com (the “Website”).

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ORDERING PRODUCTS OFFERED ON OUR SITE, SIGNING UP FOR THE SERVICE, AND ENTERING YOUR CREDIT CARD INFORMATION, 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 OR RENT ANY PRODUCTS.

WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH A CHANGE.

 

General

This Agreement contains all the terms and conditions governing Your rental of Products from CHIC MARIE, Inc. via the chicmarie.com website. You agree that Your general use of our Website, other than rental orders as set forth in this Agreement, is subject in all respects to our Website Terms and Conditions of Use available at Terms & Conditions and our Privacy Policy available at Privacy. These terms are subject to change. No other terms or conditions (pre-printed or otherwise) shall have any force or effect. You agree and acknowledge that You are renting the Products and that ownership of the Products remains with CHIC MARIE, Inc. at all times. 
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 the involvement and approval of Your parent or legal guardian. We currently generally limit the number of boxes that can be rented by You and our other customers to ONE (1) per order. Each box, with the purchase of a subscription, provides you with a maximum of Products set in the monthly plans chosen by You, Products that can be in your possession for an unlimited period of time as long as you continue to make RECURRING payments for your membership each month. The rental period starts when the subscription is activated, not at the moment of the first package shipment.

 

Rental Fees, Credit Card Authorizations and Cancellations

The rental fee (“Rental Fee”) for the Products is the monthly rental fee (as defined on the website for your specific membership or sometimes defined by discount offers) PLUS any insurance charges listed on the website in connection with Your membership. 
When placing your order for your monthly plan, 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 from the commencement of your membership. Monthly fees are charged $55 or 95$, depending on the monthly plan chosen by the Client. These fees exclude the $5 insurance fee, and the federal and provincial taxes. 
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 CHIC MARIE, Inc., shall be reimbursed by You to CHIC MARIE, 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 CHIC MARIE to avoid being charged for the next month. Cancelling an account post renewal date or within 3 business days of the renewal date will result in your account being charged for the next month of your membership. If he wishes to cancel his subscription, the Customer must notify a Chic Marie customer service representative at the [email protected] within the specified delay. All clothes must have been returned prior to cancellation. You understand that by purchasing CHIC MARIE’s membership-based program, you authorize us to continue your membership automatically, charged monthly to the payment method provided, until you cancel.

No reimbursement will be possible in the event that a plan is active, but no boxes were ordered by the client for a couple of days, weeks or months. As well, no reimbursement will be possible for an active plan without any box ever being ordered. In the event that a Client activate her subscription, but does not order a box despite the repetative attempts of Chic Marie's customer service to communicate with the Client, Chic Marie's principal obligation will be presumed as stated in article 54.10 of the Consumer protection act.

In the exceptional case of a refund, the refund will be effective in a period between 15 to 60 days after the request from the Client.

In the case where a payment is pending, or was refused but the Client's banck account, no cancellation will be possible, unless payment is completed.

Credits will be automatically reduced to 0$ in the event of the cancellation of a subscription. In this case, those credits will be non-refundable.

Credits cannot exceed one (1) monthly payment, with the exception of VIP plans.

Inventory sales, or "flash" sales are final, except specified otherwise. Shipping fees of $8 could be applicable on all orders under the amount of $50.

Girt cards are non-refundable. Pauses must be done only by the Customer directly in his account. 

Purchase : All elements of clothing not returned in a box will be billed as a purchase, in a non-refundable manner. The purchase price is displayed in the 'My current box' section of the Customer's account. All purchases are final and non-refundable. No purchase is possible with credits set up for a VIP subscription nor with any gift certificate. The purchase price of every item is established according to the retail price of the item, the number of rentals on said item, and the popularity of said item. All purchase prices are availble in the Customer's account, at all time.

Penalty fees: A fee of $ 5.00 will be charged to the Customer when the Customer is in default of payment for ten (10) consecutive days. Thereafter, a fee of $ 5.00 will be charged for each subsequent portion of five (5) days.

Collection fees: In the event of a collection procedure, all amounts incurred during the collection process will be charged to the Customer (Demand letter, Bailiff's fees, Court fees, etc.) up to a maximum of $350.00.

Membership upgrade or change

Following a membership upgrade or change, the previous subscription is immediately terminated without the possibility of refund or credit. The new subscription takes effect and starts on the day of the change.

VIP Plans

VIP Plans are charged only once on the Client's credit card, for the following fees (excluding federal and provincial taxes) :

  • VIP Plan Casual six (6) months : $300
  • VIP Plan Casual twelve (12) months : 540$
  • VIP Plan Classic six (6) months : 510$
  • VIP Plan Classic twelve (12) months : 900$

VIP Plan Casual and Classic six (6) months are refundable only after the end of the third (3rd) active month of subscription. VIP Plan Casual and Classic twelve (12) months are refundable only after the end of the sixth (6) active month of subscription. Refunds will be done after the substraction of all the economic inducements received by the Client during his VIP subscription, which inducements include the discount of the monthly suscrbiption, the gifts received with the VIP subscription, and the insurance fees applicable on the VIP subscription. Gifts offered with the VIP Plan are not refundable. Gift cards offered with the VIP Plan are not to be used in the Client's account - their purpose is to be given to a third party, as a gift.

VIP Plans are automatically renewed ten (10) days before the expiration of the term. In order to cancel the VIP renewal, Client must inform the Customer Service at [email protected] at least TEN (10) days before the VIP renewal of this cancellation. 

Free trial 

Free trials are available only when permitted on the website. Otherwise, they are not available.

The duration of the free trial period is 10 or 14 consecutive days, depending on the promotion available at said time, starting on the day of the activation of the free trial period. The day of the activation is the day the free trial was activated, and not the day the box was received.

At the end of the trial period, the Client will automatically be enrolled in the  subscription corresponding to the trial subscription he has previously chosen at the activation of the free trial. If the client wish to cancel his account before the due date, it is the responsability of the Client to request cancellation, by emailing [email protected] requesting cancellation. The Client need to have received written confirmation from the Chic Marie to confirm cancellation. All the clothes in the Client’s possession must be returned at Chic Marie warehouse prior to cancellation. This is the responsability of the Client to return the box before a Holiday, if one's is expected before or on the renewal date. 

As a safety measure against theft and damage to the clothes, the Client must provide his payment information at the activation of the free trial period. 

It is not possible to put the account on vacation during the trial period. 

The free trial is only available to new clients. Current subscribers (regular or VIP) cannot subscribe.

 The free trial cannot be activated retroactively. Chic Marie will not issue any refund or credit if a Client cancels a regular or VIP membership in order to enjoy the free trial.

Acessories

There are 2 accessories options available to the Client: 

     - SILVER ($5 per month): one (1) accessory per box, up to a maximum of three (3) monthly

     - GOLD ($ 10 per month): three (3) accessories per box, up to a maximum of nine (9) monthly 

Accessories options must be activated in conjunction with a Casual or Classic membership.

The accessories options start and are billed the day they are activated. They are renewed on the same date as the membership held by the Client. 

If a VIP member subscribes to an accessories option, the option is payable in one installment equal to the number of months remaining on the VIP membership, including the current month.

Accessories options are subject to the same terms and conditions of renewal and cancellation as the membership held by the Customer.

For each accessory that has not been returned or that has been damaged, a fee of 30.00$ will be charged to the Client. 

The accessories are rigorously cleaned between each delivery using eco-friendly and non-allergenic products, thus ensuring their quality and durability.

Damage to accessories is not covered by the insurance.

CHIC MARIE’s Obligations

Delivery

All deliveries will be made as per CHIC MARIE delivery and mailing schedules. We do NOT guarantee the delivery date of items and you agree that items in your box will be delivered as they become available. Sometimes CHIC MARIE Products may appear slightly different in colour and style than the photos displayed on our website. Our liability to you for not meeting your satisfaction is limited to a credit of a maximum of one month’s rental fee as stated on the site (excluding insurance and any relevant delivery charges) as determined by us. For any problem, you can contact us at 5143821414.

Cleaning

All Products will be professionally cleaned and delivered ready to wear for each consumer. We tumble wash and/ or dry clean and inspect each product with the utmost care, but use of the product is at your own risk and CHIC MARIE, Inc. shall not be held liable for any health-related complaints associated with a product rented from our site.

Return Packaging

With delivery of the Product, we will provide You with a pre-paid, pre-addressed envelope or box as well as instructions for use in returning the Products to CHIC MARIE, Inc. (“Return Packaging”). CLIENTS MUST RETURNED THE CLOTHES INT HE SAME BOXES AS THE ONES RECEIVED BU DELIVERY.

 

Your Commitments to Us

Receipt of the Products Upon delivery

You bear responsibility for the Product(s). In the event that an unsecure shipping address is provided, CHIC MARIE, 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 CHIC MARIE, Inc. is not to be held liable, but You will be held liable.

Use of the Products

You agree to treat the Products with great care, and return them in the same condition as was delivered to you. You are completely responsible for any loss, destruction or damage to the Products due to theft, disappearance, fire, stains or any other cause, other than normal wear and tear.

1   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 items. If You return a Product that is damaged beyond normal wear and tear, then You agree that we shall charge You, and You shall pay for repairing or replacing the Product, as determined at our discretion, up to the Retail Price for the Product as advertised on our site OR explained to you in the package delivered to you.

2  If You do not pay the amount You owe us when due, then we may institute collection procedures. You agree to pay our costs of collection, including but not limited to reasonable attorneys’ fees.

3  In the event that the client is having an insurance with CHIC MARIE, the costs eligible in the insurance will be limited to the normal wear stains as described below.

4. In the event of damages to the clothes above what is usually covered by the insurance, the Client will have the obligation to buy the item at the purchase price established by the company, such purchase price being established by the same formula for the establishment of the purchase price.

Removal

We reserve the right to terminate your right to be a member of CHIC MARIE at any time in the event of Your breach of this Agreement, for no reason, or any other reason at our discretion.

Email

We will use the preferences and orders You provide on our Website to send You emails and other marketing materials for other Products. You may opt out of receiving those emails by clicking on the links provided at the bottom of these messages when available.

Limited Warranty

The limited warranties apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in this Agreement. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in this Agreement. Your sole and exclusive remedy and CHIC MARIE, Inc.’s sole and exclusive liability for a breach of CHIC MARIE, Inc.’s limited warranty shall be, at CHIC MARIE, Inc.’s discretion, the use of commercially reasonable efforts to replace the non-conforming Product in a timely manner or issue a refund of Your Rental Fee (excluding insurance and delivery charges).

Disclaimers

THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.

 

Limitation of Liability

No Indirect Damages

IN NO EVENT SHALL CHIC MARIE, INC./CHIC MARIE (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 CHIC MARIE, INC./CHIC MARIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Limited Direct Damages

CHIC MARIE, 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.

 

Miscellaneous

This Agreement constitutes the entire agreement between You and CHIC MARIE, 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 CHIC MARIE, Inc. We reserve the right to terminate or amend this Agreement at any time for any or no reason. The waiver of any term or condition or any breach thereof shall not affect any other term or condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, excluding its conflicts of laws principles. You shall not assign this Agreement without CHIC MARIE, Inc.’s prior written consent. 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. CHIC MARIE, Inc. shall not be liable for failure to perform any of its obligations hereunder for reasons that are beyond its reasonable control, including, without limitation, fire, earthquakes, other natural disasters, interruptions in supply, war embargos, and/or riots or acts of terrorism. All dispute regarding one aspect of this agreement shall be disputed in the district of Montreal, Quebec, Canada.

CONTACT US

You may contact us at any time at [email protected] if you have any questions or comments about this Privacy Policy.

For a written notice :

Chic Marie Inc.

55 rue de Louvain, Suite 480

Montréal, Québec, Canada

H2N 1A4

As of July 17th, 2017.