©2020 by frillist, LLC

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Terms & Conditions

These terms and conditions are a legal agreement between You ("You" or "Your") and frillist, LLC ("frillist," "We”, “Our”, “we” "us," or "our"), establishing terms and conditions under which You will submit information to, and rent home decor items (each a “Product” and collectively, "Product(s)") and receive related services (“Services”) from, frillist, LLC via Our website at https://www.frillist.co (the "Website").

 

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ORDERING PRODUCTS OFFERED ON OUR WEBSITE, 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 THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.

SECTION ONE: GENERAL INFORMATION

This Agreement contains all the terms and conditions governing Your rental of Products from frillist, LLC via the Website from time to time. 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 Privacy Policy, as such terms may change from time to time. No other terms or conditions (preprinted 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 frillist, LLC at all times.

Through the Services, We aim to give You access to seasonal home decor and other content to help You decide which items are right for You. To the extent You access the Services through a mobile or wireless device, Your carrier’s standard charges, data rates, and other fees may apply.

Products may be rented or purchased for use by individuals under 18 years of age, but We rent and sell only to adults, who may rent or purchase the Products with a payment card or other approved payment method. By checking “I agree to the Terms”, 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 renting or purchasing the Products as described in these Terms.

 

SECTION TWO: RENTAL AND SALE OF PRODUCTS

This section sets out terms and conditions that apply to Your rental or purchase of any Product.

Limitations: You acknowledge and agree that We may place limits on the rental or purchase of Products, including but not limited to 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 rentals or sales of Products for any reason at Our sole discretion, including but not limited to availability and geographic concerns.

Rental Fee: The rental fee (“Rental Fee”) for the Products will be the total of the rental fee for a thirty (30) calendar day period (as listed on the Website) (“Rental Period”), optional insurance charges, and delivery charges for Your rental of the Product.

Renewal Fee: The fee to retain items for an additional thirty (30) calendar day period, as listed on the website in the product description (“Renewal Fee”).

When You place Your rental order for a Product, You hereby authorize us to charge Your payment card for the amount of the Rental Fee immediately upon Your rental order.

In addition, at the time of Your rental order for a Product, You hereby authorize us to charge Your payment card for an amount equal to the Rental Fee plus 2x the Renewal Fee (“Replacement Fee”) plus applicable sales taxes; provided that We will only charge the Replacement Fee of the Products in the circumstances set forth in Section Four below.

Rental Fees and Renewal Fees exclude all federal, state, and local taxes, GST, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by You directly or, if paid by us, shall be paid by You to frillist in connection with Your rental order.

 

SECTION THREE: OUR OFFERING

Delivery: All deliveries will be through frillist’s shipping partners, which may change from time to time at Our sole discretion. The shipping or delivery method used will be at the sole discretion of frillist. For certain orders placed for delivery in San Diego, CA, Your Products may be delivered and/or collected via courier or employee of frillist. We do not guarantee delivery dates as items are shipped as they become available.

Cleaning: All Products will be cleaned and delivered ready to use by You. We inspect each Products with the utmost care, but use of the product is at Your own risk and We shall not be held responsible for any health-related or damage-related complaints associated with a product rented from Our Website.

Return Packaging: With delivery of the Product, We will provide You with a pre-paid, pre-addressed shipping label and/or container (as the case may be) as well as instructions for Your use in returning the Products to us (“Return Packaging”). The packaging is not Yours to keep. Return Packaging is not to be disposed of upon receipt, as any and all Return Packaging will be reused when returning the Product. If You lose or dispose of the Return Packaging, You will be responsible for returning the Products at Your own expense by the expected return date, and providing us with a tracking number. Such packaging will ensure that the Products are returned undamaged. Please contact us as soon as possible in the case that You will provide packaging at info@frillist.co.

Services: On Our Website, We offer various Services to assist You in selecting a Product. Our Services are provided “as is” and have no guarantee as to results.

Sale of Products: Products are not available for sale through the Website. However, in the case that Products are not returned within the specified Rental Period, the Products are Yours to keep upon payment of the Replacement Fee for each Product, plus any applicable sales tax. In this case, the Products are considered sold. Products may have been previously rented by other customers and are not necessarily new. Products are sold on an “AS IS” basis, without any warranty whatsoever, and all Products sales are final.

The following are the limited warranties We provide in connection with Products rentals:

Our liability to You for failure to comply with any of these warranties is limited to timely delivery of Products conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by Us. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section Four of this Agreement.

  1. Subject to availability, We will deliver the Products You ordered, including specified size, color, and design, except in the case that the Product(s) is/are damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, We will use reasonable efforts to notify You that the Product(s) is/are unavailable. If We are able to reach You, You will be entitled to choose any available rental Product(s) to replace the unavailable Product(s). If We are unable to reach You, You acknowledge and agree that We may send You a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Website.

  2. The Products will be cleaned and delivered ready to use. We clean and inspect each Product with the utmost care, but use of the Products is at Your own risk and We shall not be held liable for any health-related complaints or damage-related complaints associated with Your order.

 

SECTION FOUR: YOUR COMMITMENTS TO US

Receipt of Products: Upon delivery, You bear responsibility for the Products. You acknowledge that a Secure Shipping Address is highly recommended. A Secure Shipping Address means a location where an individual can physically receive Products. In the event that an un-secure shipping address is provided, We do not bear the liability for Products left unattended. Furthermore, You acknowledge that providing any location other than a Secure Shipping Address may result in delivery delays and/or additional delivery fees for which We shall not be liable. You shall be liable for all such delays and additional delivery fees.

If, upon delivery, You find that the Product(s) is/are damaged, You shall send an email to info@frillist.co within three (3) calendar days of receipt with a photo showing the damaged Product(s). Upon proof of damage, We shall, at Our sole discretion, use Our commercially reasonable efforts to replace the damaged Product(s) in a timely manner or issue a refund of Your Rental Fee, as applicable, and as available.

Use of Products: You agree to treat the Products with great care, as if borrowed from Your closest friend, and return Products in the same condition as received. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, breakage, weather damage or any other cause, other than normal wear and tear. Damage beyond normal wear and tear may include but is not limited to: cracks, chips, dents, tears, bends, missing pieces, smoke or other odor, or any other condition that may render Products unserviceable as determined by frillist in Our sole discretion. If You return Product(s) that is/are damaged beyond normal wear and tear, You agree that We shall charge You, and You shall pay, for price of repairing or replacing the Product(s), as determined at Our sole discretion, up to the Replacement Fee of the Product(s), plus applicable sales tax.

With the purchase of optional additional insurance, any damage to the product beyond normal wear and tear is covered under this insurance and no additional charges will be made to You beyond the Rental Fee listed on the website.

Collections: If You do not pay the amounts You owe to us when due, then frillist shall institute collection procedures. You agree to pay frillist’s costs of collection, including without limitation reasonable attorneys’ fees.

Removal: We reserve the right to terminate Your account at any time in the event of Your breach of this Agreement or without cause.

Communications: You consent to receive communications from us, including email, text messages, postal mail, and telephone calls, including, but not limited to, for the purpose of notifying You regarding the status of Your order, sending You reminders, and providing other information. We may contact You by telephone calls or text messages, in line with Your preferences, at any of the telephone numbers provided by You. Standard message and data rates charged by Your mobile carrier may apply to these communications. You may opt out of receiving communications by emailing info@frillist.co. You acknowledge that opting out of receiving communications may impact Your use of the Services.

Return of Products: You agree to return the Products to Us in the Return Packaging on or before the end of the Rental Period for the Products that are identified in the online invoice for Your order. You may add additional Rental Periods for a Products by phone, by email, or by failing to return the Products before the completion of the Rental Period. In the event that the Products are not returned on or before the completion of the Rental Period, You authorize us to charge You, and You shall pay, the Renewal Fee, as listed on the website for the products You have failed to return. Your return date will be extended for another Rental Period starting from date of payment. If You again fail to return the Products by the completion of the additional Rental Period (approximately sixty (60) calendar days from original delivery date), You authorize us to charge You, and You shall pay, an additional Renewal Fee. Your return date will be extended again, for another Rental Period starting from date of payment. If you again fail to return the products by the completion of three (3) Rental Periods, the maximum number of Rental Periods has been exceeded. In this instance, You authorize us to charge You, and You shall pay, any applicable sales tax to bring the total paid for Your order to that of the Replacement Fee. If only some, but not all, Products are returned by the completion of the Rental Period, you authorize us to charge, and you shall pay, a twenty-five (25) dollar restocking fee (“Inventory Restocking Fee”) for inventory replacement per each Product missing from Your original order.

Return Packaging: You shall return the Products by delivering the Products in the Return Packaging to one of Our shipping partners on or before the completion of the Rental Period. The shipping partner or courier used for Your order will be communicated to You prior to the completion of the Rental Period. Determination of the shipping partner or courier for Your order is at Our sole discretion. In some instances, orders may be collected by courier. Such collections shall be coordinated between You and Us.

Limited Warranty: The limited warranties set forth in Section Five 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 Section Five.

Remedies: Your sole and exclusive remedy and Our sole and exclusive liability for a breach of Our limited warranty shall be, at Our sole discretion, use of Our commercially reasonable efforts to replace the non-conforming Products in a timely manner or 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.

 

SECTION FIVE: LIMITATION OF LIABILITY

We are not responsible for any personal or other items left in the Products or which are returned to us in the Return Packaging. If You believe You have accidentally or otherwise sent us any such items, please contact us at info@frillist.co as soon as possible. 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.

The limited warranties set out above in Section Three for rentals apply only to You and may not be assigned, sold, or transferred to any third party. No other warranties are granted by us in connection with the Services or Products. The limited warranties shall not apply to any matters arising from Your violation of these Terms.


Your sole and exclusive remedy and Our sole and exclusive liability for a breach by use of the limited warranties set out above shall be, at Our option, use of Our commercially reasonable efforts to replace the non-conforming Products in a timely manner or a refund of Your Rental Fee, as applicable (excluding insurance and delivery charges).


Except for the limited warranties set out above, the Services and Products are provided “as is” without any express or implied warranties, including without limitation that warranties of merchantability, quality or fitness for a particulate use. Specifically, but without limitation, We do not warrant that the Services are correct, accurate, reliable or complete; the Services will be uninterrupted or error-free; defects will be corrected; the Services or the servers that makes the Services available are free of viruses or other harmful components; or the Products will be fit for Your intended purpose or otherwise accord with Your expectations. This disclaimer does not apply where prohibited by law.

 

Under no circumstances shall We be liable for any damages of any kind, including without limitation direct, indirect, incidental, special, consequential, exemplary, multiple or other damages arising out of or in connection with the use of, or the inability to use, the Services and/or the Products, even if We have been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be to discontinue Your use of the Products and/or Services and terminate these Terms. The foregoing limitation of liability does not apply to where prohibited by law.


No Indirect Damages. IN NO EVENT SHALL FRILLIST, LLC (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 FRILLIST, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

Limited Direct Damages. FRILLIST, LLC’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.

 

SECTION SIX: USE OF THE SERVICES

All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, and advice (“Content”) is available to You on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to Your identity or specific circumstances.

Content is provided with the understanding that such information does not constitute professional advice or services. As such, You agree to not rely upon or use any Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the Content.

We may update the Content, including Product descriptions and specifications, as We deem appropriate and without notice to you. If You have any questions about the existence of more current information, please send those questions to info@frillist.co. We take Your questions and requests for information seriously, and We will use reasonable efforts to respond in a timely manner. However, We cannot guarantee a prompt response in all cases.

 

From time to time, We may offer the opportunity to participate in surveys or contests on Our social media channels. This is done in order to collect information to help improve the quality of service and benefits to consumers. If You participate, You voluntarily provide Your own Personal Information and authorize use of that in the manner We deem essential. By participating in a survey or contest You submit, You voluntarily agree to that activity’s terms and conditions, including providing Us with permission, if required, to share Your Personal Information with sponsors of that survey and/or contest.

The Services may contain links or reference to non-frillist websites, products, services, or other materials or content (“Third Party Content”). This Third Party Content is provided to You as a convenience, and We are not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from us, and We have no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that We endorse, approve of, or accept responsibility for the Third Party Content or its provider, or vice versa.

No part of the Services, including the Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that We authorize You to view, copy, download, and print Content (such as FAQs) that is available on Our website, provided that You use the Content solely for Your personal, noncommercial, informational purposes; You do not modify the Content; and You do not remove any copyright, trademark, and other proprietary notices on the Content.

You may not use the Services to transmit any content, information or other materials that are, or which We consider in Our 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, obscene, lewd, lascivious, violent, or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; introduce viruses, worms, Trojan horses and/or harmful code; display material that exploits children under 18 years of age; post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; promote or solicit any business or promote, solicit, or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a frillist representative; post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in the case of a child under 13 years of age); post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation to solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or violate any applicable local, state, national or international laws or regulations.


You also agree that You will not (and 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.

By using the Services, You agree to indemnify, hold harmless and defend frillist and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of a defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on Your use of the Services in violation of these terms.

 

SECTION SEVEN: YOUR CONTENT

Any information that You voluntarily choose to display on any publicly available portion of Our website, Our social media channels or Your own by tagging frillist, LLC, becomes publicly available and may be collected and used by Us or others without restriction. We may use such information for commercial purposes without having any obligation to You in any way. We shall not provide any monetary or non-material benefits to You for use of Your personal information or images, content or reviews that You have voluntarily chosen to provide to us. We keep Personal Information no longer than necessary for legitimate business purpose or as required by law. If You post, upload, or make available to Us or the Services, or otherwise submit to or through Us as part of Your use of the Services, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to Your use of the Products (“Your Content”), You hereby grant to Us 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 and otherwise exploit Your Content and 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 (including on Our website, in email or other promotional campaigns, and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the 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 any of Your Content or any use of Your Content. By submitting Your Content, You represent and warrant that Your Content and Your communication thereof conform to these Terms and that You own or have the necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Us to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in 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, whether of confidentiality, attribution or other, on Our part and We will not be liable for any use or disclosure of any of Your Content.

Access to parts of the Services requires the creation of a user account, including a user name and password that You choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to Your account by any person. You agree to bear all responsibility for the confidentiality of Your account information and all use or charges incurred from use of the Services with Your account. You agree to notify Us promptly of any unauthorized use of Your account or password.

There may be delays, omissions, or inaccuracies in the Services, including the Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

 

SECTION EIGHT: INTELLECTUAL PROPERTY

The Services, including the Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of Us and Our affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. We and Our affiliates and licensors reserve 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 Content, through the use of framing or otherwise, except as expressly permitted by these Terms or with the prior written permission of Us or such third party that may own such Content.

Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, non-transferable, revocable license to access and use the Services for Your purposes.

By sending Us any feedback, ideas, suggestions, documents or proposals (“Feedback”), You grant to Us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and You waive all moral rights in the Feedback which may be available to You in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that We may use Your Feedback without restriction or obligation to You or any third party.

If You believe any Content infringes Your copyright, You may request removal of those materials (or access thereto) by contacting Us via email at info@frillist.co and providing the following information: identification of the copyrighted work that You believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that You believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow Us to locate the material; Your name, address, telephone number and e-mail address; a statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that You have supplied is accurate, and indicating that “under penalty of perjury,” You are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.

 

SECTION NINE: TERMINATION

You may deactivate Your account and discontinue Your use of the Services at any time. In order to deactivate Your account, please contact Us at info@frillist.co. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.

Any violation of these Terms, including any of the prohibitions listed above, may result in suspension or termination of Your access to the Services and/or removal of Your Content. We may also terminate Your account if We determine that Your conduct poses a risk or liability to us, or for any other reason as determined by Us at Our sole discretion.

SECTION TEN: MISCELLANEOUS

This Agreement constitutes the entire agreement between You and frillist, LLC 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 frillist, LLC. We reserve the right to terminate or amend this Agreement at any time with or without cause, effective upon publication of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition 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 frillist, LLC’s prior written consent.

All sections shall survive the 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. We 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, Acts of God, embargo, riots, and/or acts of terrorism.