Fashion to Figure Closet Sale and Rental Agreement
Effective Date: June 26, 2019
Welcome to FTF Closet by Fashion to Figure!
The following Sale and Rental Agreement ("Agreement") between you and
RTW RetailWinds, INC. ("we," "our,"
"Fashion to Figure Closet") describes the terms and conditions on
which you may purchase and rent Products from us through the FTF Closet by
Fashion to Figure 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 Fashion to
Figure Closet 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 WITHOUT NOTICE. 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.
1. MEMBERSHIP PLAN
A. General Conditions
You may rent or purchase Products by subscribing to FTF Closet by Fashion to
Figure's Membership Rental Membership Program ("Membership"). Once
subscribed to a Membership, you will be entitled to rent up to a certain number
of Products at any time from a range of Products designated on the Services, in
accordance with the terms of the Membership plan that you register for as more
fully described here (each a "Membership
Plan"). Subject to your compliance with this Agreement (including payment
of fees), we do not impose any limitations on the time period during which you
may keep any Product we have sent to you through your Membership Plan.
Products may be rented or purchased for use by individuals under 18 years of
age, but only adults may purchase the Products through a Membership Plan 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 renting Products as described in this Agreement.
B. Condition; Use of the Products
The Products will be professionally cleaned and delivered ready to wear. FTF
Closet by Fashion to Figure launders, dry cleans and inspects each Product with
the utmost care, but use of the Product is at your own risk and FTF Closet by
Fashion to Figure 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 covered
by the insurance you paid for with your Membership for applicable Product(s).
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 the price for repairing
or replacing the Product, as determined in our sole discretion.
C. 30 Day Free Trial
30 Day Free Trial periods are offered at the sole discretion of FTF Closet by
Fashion to Figure and are subject to discontinuation at any time, at FTF Closet
by Fashion to Figure's sole discretion. You must have a valid credit card,
debit card, or PayPal account and Internet access to register and participate
in the 30 Day Free Trial. New accounts that are eligible for a 30 Day Free
Trial will be authorized on the first day of service for the full billing
period payment associated with your plan. In some cases, your credit card
available balance or credit limit will be reduced to reflect the authorization;
however, no charges will be made against your credit card unless you do not
cancel before the end of your 30 Day Free Trial period. While you can amend
your Membership Plan during the 30 Day Free Trial, the modification will not
apply until after the 30 Day Free Trial. At the end of your 30 Day Free Trial
period FTF Closet by Fashion to Figure will automatically bill your credit card
for the next billing period of service. We will not notify you when your trial
period has ended. You can view the date your 30 Day Free Trial ends in the
account section on our site or by visiting
Account and looking
in the membership details section.
If you or another family member of your household has been a FTF Closet by
Fashion to Figure member, you are not eligible for the 30 Day Free Trial. We
consider your family household not eligible if your credit card account,
physical address or email address have been associated with another active FTF
Closet by Fashion to Figure account prior to the day of account creation.
Notwithstanding the foregoing, you may be eligible, at FTF Closet by Fashion to
Figure's sole discretion, to participate in other FTF Closet by Fashion to
Figure free trial programs and promotions.
IF YOU CANCEL PRIOR TO THE END OF YOUR 30 DAY FREE TRIAL, THERE WILL BE NO
CHARGES TO YOUR CREDIT CARD. See Section 1.G. below to learn more about
cancellation. Fashion to Figure Closet reserves the right to cancel your 30 Day
Free Trial if you, in FTF Closet by Fashion to Figure's sole discretion,
violate any of this Agreement and conditions or any applicable law, register
and subscribe via deception, forgery, fraud, or commit any other abuse of the
FTF Closet by Fashion to Figure 30 Day Free Trial program. Violations of this
Agreement and condition include, but are not limited to creating duplicate
accounts under another name, email, or address in order to obtain more than one
30 Day Free Trial.
If you subscribe to a Membership, FTF Closet by Fashion to Figure will charge
you a prepaid fee or a monthly fee (the "Membership Fee(s)") that
will automatically renew, and you will be billed every month at the then
current fee to your payment method on file. The current monthly Membership Fees
are set out here
but are subject to change at our discretion and
any such change will be effective for any subsequent Membership renewal. You
hereby authorize FTF Closet by Fashion to Figure or our third party payment
processor to charge your payment card for the applicable Membership Fees on a
monthly or recurring pre-pay basis until you cancel. The Membership 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 Membership Fees. If you fail to make
payment of the Membership Fees, then FTF Closet by Fashion to Figure, at its
sole discretion, may terminate your Membership or suspend shipment of Products
to you. Further, if you do not pay the amounts you owe to FTF Closet by Fashion
to Figure when due, then FTF Closet by Fashion to Figure will need to institute
collection procedures. You agree to pay FTF Closet by Fashion to Figure's costs
of collection, including without limitation reasonable attorneys' fees.
With each shipment of Products, we send you, we will include one return
packaging (which will include prepaid postage), which you shall use to return
all of the Products you currently have. When we receive any returned Products
from you, the next shipment we send you will contain the same number of
Products that you have returned, unless you have modified your Membership Plan.
If you have modified your Membership Plan, then FTF Closet by Fashion to Figure
will return to you the appropriate number of available Product permitted in
your Membership. We will use commercially reasonable efforts to send you new
Membership Products promptly upon processing your return, but you acknowledge
that as a result of processing and delivery, there will be a delay between your
return of a Membership Products and receipt of a new Membership Program
Product. You agree to return any Membership Product using the Return Packaging.
F. Changes to Membership; Termination
You acknowledge and agree that we may limit your particular Membership Plan,
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 Membership Plan or sale of Products for any
reason in our sole discretion, including but not limited to availability and
geographic concerns. We reserve the right to modify (including the Membership
Fee) or terminate your Membership at our sole discretion without prior notice.
If we terminate your Membership, we will provide you with, as determined in our
sole discretion, either (a) a prorated refund for the remainder of your current
applicable Membership Fee, or (b) continued access to Membership for the
remainder of that applicable period, in accordance with this Agreement.
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, Membership Plan, or any applicable law. Prior to the end of
that period (or, if we do not provide you with continued access to Membership,
immediately upon our termination of your Membership), you must also return to
FTF Closet by Fashion to Figure all Products you have received in connection
with your Membership.
G. Cancellation of Membership
There are no refunds to a Membership. Your monthly Membership subscription
automatically renews and you will be billed monthly. To cancel your Membership,
click on the link in your Membership receipt email or call us at
As soon as you cancel, you will not be eligible to receive
any additional Products through our Services. You may continue to keep Products
you have already received through your Membership, but you must return to FTF
Closet by Fashion to Figure Closet all such Products on or before the last day
of the applicable Membership subscription period during which you cancel. If we
don't receive your items on time, you will be charged up to 100% of the retail
price of the Product(s). You will not be entitled to any refund on Membership
Fees you have paid.
H. Limited Warranties
The following are the limited warranties FTF Closet by Fashion to Figure
provides in connection with a Product rented through the Membership. FTF Closet
by Fashion to Figure's liability to you for failure to comply with any of these
warranties is limited and determined by FTF Closet by Fashion to Figure. 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 FTF Closet by Fashion to Figure 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 FTF CLOSET BY FASHION TO FIGURE'S SOLE AND
EXCLUSIVE LIABILITY WILL BE FOR FTF CLOSET BY FASHION TO FIGURE 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).
I. Lost Items
We are not responsible for any items, including personal items, that are left
in the Products and returned to FTF Closet by Fashion to Figure. If you believe
you have accidentally or otherwise sent us any such items, please contact
customer service as soon as possible at
staff may assist in attempting to locate such items at your request, but are
not obligated to and assume no liability for doing so.
2. SALES TERMS
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 Subscribers 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." FTF Closet by Fashion to Figure 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
FTF Closet by Fashion to Figure. For more information on purchasing or
returning a purchased Product from FTF Closet by Fashion to Figure, please
review our Frequently Asked Questions page at
The purchase price ("Purchase Price") for the Products will be the
purchase fee and delivery charges listed on the Services in connection with
your purchase of the Products. FTF Closet by Fashion to Figure 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 FTF Closet by Fashion to Figure 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 Fashion to Figure Closet website, or if paid by FTF Closet by
Fashion to Figure, shall be paid by you to FTF Closet by Fashion to Figure 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.
You acknowledge and agree that upon delivery of any Products from FTF Closet by
Fashion to Figure, 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, Fashion to Figure Closet 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 Fashion to Figure Closet will not be liable.
You will be liable for all such delays and additional delivery fees.
3. SHIPPING AND RETURNS
All deliveries will be through FTF Closet by Fashion to Figure's shipping
partners, which may change from time to time at FTF Closet by Fashion to
Figure's discretion. The shipping method used will be at the discretion of FTF
Closet by Fashion to Figure. 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 through your Membership, FTF Closet by
Fashion to Figure will provide you with a pre-paid, pre-addressed FTF Closet by
Fashion to Figure mailing envelope (as the case may be) as well as instructions
for your use in returning the Products to Fashion to Figure Closet
("Return Packaging"). For eligible Products purchased and delivered
through our Services, the third-party partner brand suppliers may provide a
pre-paid, pre-addressed label with instructions for your use in returning the
Products to the brand ("Supplier Return Packaging"). If you lose the
Return Packaging or Supplier Return Packaging, please contact us at
to request new Return Packaging.
Notwithstanding the foregoing, you acknowledge and agree that FTF Closet by
Fashion to Figure will not be responsible or liable for providing any Supplier
Return Packaging. All deliveries will be through FTF Closet by Fashion to
Figure's shipping partners, which may change from time to time at our sole
The following additional terms and conditions apply to the sale, use and redemption of NY&C Closet electronic-only “digital” gift memberships (collectively, “Gift Memberships”). Purchase and use of a Gift Membership constitutes acceptance of this Agreement. In addition to the terms in this Section, the purchase, use, and redemption of Gift Membership are considered part of the Services subject to this Agreement generally.
A. Redemption and Use
Gift Memberships may only be purchased online. Gift Memberships are redeemable only for eligible prospective and current Members, as determined at NY&C Closet’s sole discretion. Limits may apply to Gift Memberships redemption and use. A Gift Membership may only be used towards the Membership Fee and cannot be used to purchase Products or other Gift Memberships. When a Gift Membership is redeemed and activated, the total value of the Membership and sales tax will be deducted from the currently available Gift Memberships balance and your subscription will simultaneously begin. At the end of the Gift Membership term, you will automatically be billed the applicable Membership Fee and thereafter the Membership Fee will automatically renew and you will be billed monthly unless you cancel your Membership prior to the expiration of your Gift Membership. Your Gift Membership will expire on the date designated in the Gift Membership notification. Your Gift Membership cannot be paused. The Gift Membership number will be delivered to the recipient’s email address that purchaser provides at the time of purchase of the Gift Membership. Purchaser is responsible for providing an accurate and deliverable recipient
email address. The recipient will usually receive the Gift Membership via email within 24 hours, or on the delivery date, the purchaser chooses, which must occur within ninety (90) days from the purchase date. For assistance with a Gift Membership, please reach out to customer service at
email@example.com or call 1-855-403-6924.
B. Expiration and Fees
There is no expiration date to activate your Gift Membership and it is not subject to any fee.
Gift Memberships are final and not redeemable, transferable, or exchangeable for cash or any value (except as required by law). Gift Memberships cannot be reloaded and are not refundable.
C. Lost, Stolen, or Damaged Gift Membership; Unauthorized Use
You should treat your Gift Membership like cash and protect it accordingly. Title to and risk of
loss for Gift Memberships passes to the purchaser upon sale. NY&C Closet reserves the right to
refuse to accept Gift Memberships that NY&C Closet believes were fraudulently obtained.
NY&C Closet is not responsible if a Gift Memberships is lost, stolen, destroyed, damaged, or used without permission. Gift Memberships will be replaced if lost, stolen or damaged only with proof of purchase and only for the value shown on NY&C Closet’s records. NY&C Closet is not responsible if your Gift Memberships is used without your permission.
D. Cancellation of Membership
If you cancel your Gift Membership, your account will expire at the end of the Gift
Membership term and your account will be deactivated. After your cancellation request,
you’ll be able to continue to use the Service for the remainder of your Gift Membership
term. When the Gift Membership term expires, your cancellation will take effect and you
will no longer be able to use to the Services.