Effective as of 11th of April, 2019
These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Infinite Selection
1. General Terms
1.1 Scope of the Services
As Services Infinite Selection provides you with access to the selected models of sneakers (Sneakers) which may be leased or purchased depending on the availability. Services may be provided through the Site or in retail stores.
Infinite Selection cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
By registering for the use of the Services, you confirm that you are at least 18 years of age. By using our Services, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, current, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you will not use Services contrary to these Terms or applicable laws.
Although the Site may be accessed from all over the world, some services may not be available in your region. It is your responsibility to check whether the Services are available to you prior to making any commitment. We will not be responsible for any expense that may result from the inability to access our services from your region.
You understand that it is your responsibility to keep your login information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.
When you provide us with your contact information such as email and phone number, we may contact you using such contact information, for any matters relating to the Services (Service messages). These messages do not constitute “unsolicited commercial advertisements” and you are not able to opt-out of receiving them. You may opt-in to receive e-mails and messages about news, promotions, special offers and or other topics of interest related to the Infinite Selection or our affiliates (Promotional messages). You may choose to stop receiving these promotional messages at any time by following the instructions contained in Promotional messages.
If you have any question or suggestion you can contact us at email@example.com
1.5 Acceptable Use Policy
(i) send or otherwise post unauthorized commercial communications (such as spam) through the Site;
(ii) collect Site users’ content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii) upload viruses or other malicious code;
(iv) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or is otherwise objectionable to third parties;
(v) post or transmit content that exploits children under the age of eighteen (18).
(vi) take any action creating a disproportionately large usage load on our Site unless expressly permitted by us;
(vii) create more than one account or share your account with anyone;
(viii) communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
(ix) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Site.
2. Rental and purchase terms
2.1 General terms
All sneakers listed on the Site are used, pre – owned collectable sneakers. Sign of use or normal wear and tear may be present.
Sneakers may be used by minors but we only rent or sell to the persons over the age of 18 who have a valid credit card or other approved payment method and are able to enter into a contractual relationship. By placing an order for Sneakers you confirm that you meet all the criteria from section 1.2 of the Terms.
We place certain limitation on the orders which you may submit. We reserve our exclusive and sole right to decline any order or to limit the amount of orders that you can place at any time. Our right to limit, decline or restrict the Services is unlimited, and any such limitation, decline or restriction may be caused, but not exclusively, by Sneaker availability, demand, geographical presence and other.
Online orders are shipped through the carriers of our sole and exclusive choice. We may change carriers from time to time.
By providing your payment information you authorize us to debit all charges and fees to the payment method you provided. We may utilize all available legal methods in order to collect any outstanding amounts from you. You will be responsible for the costs of utilizing of such methods. We may additionally report information about your account, such as late or missed payments, to credit bureaus which may reflect your credit report.
All rental fees displayed on the Site or at the retail stores are shown exclusive of any applicable taxes, whether federal, state or local, duties, customs, transport and other fees unless explicitly stated otherwise during your checkout process. Rental fee is calculated based on the product and the duration of the rental period. If the delivery is included in the rental fee it will be displayed during your checkout process. When placing an order for rental of Sneakers you thereby authorize us to charge your payment method for the total amount of rental fee + refundable security deposit. Refundable security deposit is in the amount of either $50 or $100, determined by our sole discretion since the Sneakers on the Site are no longer available for retail purchase. When placing the order, you further allow us to charge your payment method in the amount of 100% of the market value of the ordered Sneakers, determined by the Infinite Selection, provided that such amount will be charged in accordance with these Terms.
You may cancel your order in accordance with the following cancelation policy:
1. You may cancel more than fourteen (14) days in advance of the scheduled delivery date in which case you will not receive and refund, but you will receive Infinite Selection credit in the amount of the rental fee of your order. This credit may be used for any future rental from Infinite Selection.
2. You may cancel fourteen (14) days or less in advance of the scheduled delivery date in which case you will not receive any refund, but you will receive Infinite Selection credit in the amount of the rental fee of your order reduced by the cancelation fee in the amount of $10.
All Sneakers come pre-packed with the box, a prepaid return label, and instructions for return of the Sneakers. You may use different packaging to return the Sneakers instead of the box the Sneakers came in, provided that such packaging is at least of the same condition and quality as the initial package and that such package provides adequate transport protection.
You assume full responsibility for the Sneakers from the moment of signing the receipt until the Sneakers are returned to the Infinite Selection. You are advised to provide a secure shipping address where you are sure someone will be available to take the Sneakers and sign the delivery. If no one is present for signature the delivery personnel may return the shipment to Infinite Selection in which case, you are responsible for any delay and additional costs caused by such return.
2.5 Use and return
During the rental period you undertake to take care of the Sneakers, and to refrain from damaging and staining them. You are responsible for any damage, done to the Sneakers during the rental period regardless if the cause for damage, loss or theft can be attributed to you. In the event that the Sneakers are damaged, destroyed, lost, or otherwise not returned to the Infinite Selection, you agree to pay 200% of the market value of the Sneakers. In the event that the Sneakers are damaged beyond normal wear and tear you agree to pay all necessary costs for repair or replacement in the amount of up to 200% of the market value as determined by Infinite Selection. Normal wear and tear encompass minor removable stains, dirt, mud, dust, external non-permanent damage, situations that can be repaired with cleaning using reasonable resources at our discretion.
Upon expiry of the rental period or before you are responsible for returning the Sneakers using the shipping instructions provided by the Infinite Selection. We do not provide extension for the rental period. Sneakers are returned in the same conditions as they were received in. Please make sure that you do not include any personal items with the packaging since we are not responsible for return or damage to such items. If by any chance you sent us something that you shouldn’t or didn’t intend to, please contact us.
In case that you do not return the Sneakers on time or not at all, we may charge a late fee on the payment method you have provided. The late fee is in the amount of $50 per each day of the delay up to the maximum sum of 200% of the Sneakers market value. If you are late in returning the Sneakers for seven (7) days or more, we will consider that the Sneakers are lost and will charge 200% of the Sneakers market value to the payment method you have provided.
For any payment besides the rental fee we may charge the aggregate sum of 200% of the Sneakers market value. For avoidance of doubt, this amount shall be charged independently and in addition to the rental fee. If 200% of the Sneakers’ market value has been charged in addition to the rental fee and the Sneakers are in your possession, you may keep them on an “as is” basis. If we had charged 200% of the market value but the Sneakers are in our possession you may not request us to send the Sneakers to you nor do you have any right or claim on such Sneakers.
Infinite Selection provides a limited warranty for the rental of the Sneakers. Warranties apply only to you and may not be transferred regardless if the Sneakers are not worn by you. Warranties shall not apply in case of your violation of these Terms. Your sole and exclusive remedy for our breach of the warranties is replacement of the Sneakers not conforming with the warranties or the award of the Infinite Selection gift card in the amount of the rental fee.
Infinite Selection limited warranty includes the following:
Warranty for the accuracy – Subject to the availability we will provide the Sneakers that were ordered including the requested size, color, and design. We will deliver the Sneakers on or before the date indicated in the order. We are not responsible for the late delivery or failure to deliver if such event was caused by force majeure event. If we are unable to send you the requested Sneakers, we will use our best effort to contact you in order to agree on the replacement Sneakers which we should send. If we are unable to get in touch with you, we will send you a replacement Sneakers of our choosing that is equal or greater in value than the Sneakers indicated in the order. Colors and design may appear different in the pictures available on the Site from what they appear in person. We make no representation as to the accuracy of such pictures.
Ready for use – All Sneakers are professionally cleaned before being sent to you. We take all reasonable measures to disinfect and clean the Sneakers, however, we are not responsible for any health – related complaint connected with the Sneakers. We make no warranty or representation that the Sneakers are sanitary. We only guarantee the Sneakers are clean to the naked eye.
Wrong size replacement – If the Sneakers do not fit your size you may return them until next business day from the day of receipt by contacting us through chat or email and sending the Sneakers back following the instructions provided therein. Upon the receipt of the Sneakers and making sure the Sneakers are clean and not damaged, you will be issued Infinite Selection credit in the amount of full rental fee. Return shipment costs shall not be reimbursed.
Some Sneakers on the Site may be available for purchase. All Sneakers condition is declared as used and pre-owned. All purchases are provided on as “as is” basis with no warranties of any kind, either express or implied. All products are final.
Purchase price show on the Site is exclusive of any applicable taxes and includes the purchase price and the shipment costs. We may change the prices listed on the Site at any time. Any price change, promotion or bonus displayed after the sale was made shall have no effect on the completed sales.
2.8 Unlimited Subscription
We offer an Unlimited Subscription model for the rental of the Sneakers. When you subscribe to the Unlimited Subscription you allow us to charge the payment method you provided for the cost of the Unlimited Subscription fee at the beginning of each billing cycle until canceled. Unlimited Subscription is not without limitation. Unlimited Subscription includes the option to rent selected Sneakers during the duration of the subscription at a fixed rental fee. Subject to availability you may exchange the rented Sneakers for different Sneakers at the end of the of the rental period with the maximum of four (4) exchanged during one-month period. New Sneakers are sent only upon the receipt of the current Sneakers. You may only exchange the Sneakers of the same size that is selected upon registration for the subscription. Unlimited Subscription fee includes the shipment costs for sending and returning the Sneakers to you. Return of the Sneakers is at your own expense if prepaid label is lost.
Subscription period starts on the date on which the payment of the subscription fee is processed and ends on the same day in the subsequent month unless auto renewed. In case the month in which the subscription period expires does not have the date which matches the start date of the subscription, subscription period will end on the last day in that month. Subscription period will automatically renew at the end of the current subscription period. Renewed subscription period will be by default for the same duration as the current subscription period. Fee for the renewed subscription period will be calculated in accordance the prices that were in effect ten (10) days prior to the expiry of the current subscription period. If you wish to stop using our Services, you may discontinue automatic renewal option in your account or by contacting us before the expiry of the current subscription period. You may not cancel the subscription period you already paid for. We do not offer any refund in case you want to cancel your use of the Services. If you want to discontinue using our Services you may do so only by discontinuing auto renewal, in which case you will be able to use the Services until the end of the current subscription period. All Sneakers must be return before the expiry of the subscription. If the Sneakers are not return before the expiry, we will charge a one-time payment in the amount of 200% market value of the non-returned Sneakers.
Return of the Sneakers for replacement in accordance with the warranty shall count toward your total available monthly exchanges. If you cancel auto renewal less than ten (10) days prior to the expiry of the current subscription period, you will not be allowed any subsequent request for exchange of the Sneakers regardless of the monthly exchange limit.
We reserve the right to amend, replace or discontinue our Unlimited Subscription program at any time and at our sole discretion. New changes shall apply from your next auto renewal unless terminated. If Unlimited Subscription is discontinued during your active subscription period and such discontinuation is immediate, we will provide you with the Infinite Selection gift card in the pro-rated amount for the unused current subscription period.
3. Intellectual Property
3.1 Proprietary Rights
All intellectual property rights connected to the Site, Services, content, software or technology used with the Services are the sole property of the Infinite Selection, or are used under appropriate licenses or permissions. Nothing in these Terms shall be understood or intended for transfer of such intellectual property rights to you or any other third party.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Site and the Services. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Site or its Content; distribute, transfer, sublicense, lease, lend or rent the Site or the Content to any third party; reverse engineer, decompile or disassemble the Site or the Content; or make the functionality of the Site available to multiple users through any means.
3.2 User Generated Content
Users are able to upload and post Content on the Site, including but not limited to texts and photos. Nothing contained in such User Generated Content can be illegal, hateful, obscene, threatening, inciting violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or otherwise objectionable to third parties. We reserve the right, at our sole discretion, to refuse to publish or to remove any User Generated Content, especially if it is not in compliance with our Terms.
If you post Content on or through the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Site, our social pages, and on any other marketing material we may create. Whenever we might use the User Generated Content we will give appropriate credit to the Content provider through their name if available. You irrevocably waive, and cause to be waived, against Infinite Selection any claims and assertions of moral rights or attribution with respect to User Generated Content which you provide.
We aim to provide a safe space for all our Users. However, considering how we do not monitor User Generated Content, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting or sharing of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Site and the Services at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that Infinite Selection bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Site. You further understand that by providing your content online, other people will have access to such content and they will be able to copy, share or otherwise interact with such content. If you do not want your content to be used as described the only remedy is to not share your content.
3.3 Confidential Information
During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to Infinite Selection and Infinite Selection may disclose certain Confidential Information to the Users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any third party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Terms, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.
3.4 Notification of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Platform;
4. Your name, address, telephone number and e-mail address;
5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our copyright agent can be reached as follows:
4. Third Party Services and content
Use of our Services is conditioned by the use of SMS order updates. If you cannot or do not want to receive SMS order updates you may not use our Services. When receiving SMS order updates your carrier’s standard charges, data rates and other fees may apply.
The Services may be made available or accessed in connection with third party services (such as shipping) and content (including advertising) that Infinite Selection does not control. You acknowledge that different Terms of Service and privacy policies may apply to your use of such third party services and content. Infinite Selection does not endorse such third party services and content and in no event shall Infinite Selection be responsible or liable for any products or services of such third party providers.
Sneakers are created by third party companies to which Infinite Selection is not a part of. Infinite Selection is not sponsored or endorsed by such third party companies nor is Infinite Selection affiliated with such companies.
You will indemnify and hold harmless Infinite Selection, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site, Content which you provide, or your violation of these Terms.
6. Limitation of liability
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE INFINITE SELECTION SERVICE IS TO STOP USING THE INFINITE SELECTION SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW INFINITE SELECTION, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE INFINITE SELECTION SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, EVEN IF INFINITE SELECTION HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL INFINITE SELECTION’S AGGREGTATED LIABILTY EXCEED THE AMOUNT YOU PAID INFINITE SELECTION, IF ANY, THE PAST ONE MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Infinite Selection, it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Services, or any errors, in or omissions from such information. Infinite Selection is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Services, nor caused by the delay, malfunction of the operation or the availability of the Services.
INFINITE SELECTION MAY MAKE CHANGES OR REPLACE OUR TERMS OF SERVICE AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE SITE AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS OF SERVICE AGREEMENT WILL TAKE EFFECT IMMEDIATELY UPON POSTING. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS OF SERVICE AGREEMENT AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED IT IN OUR PLATFORM. THE TERMS OF SERVICE AGREEMENT APPLIES REGARDLESS FROM WHICH DEVICE OR OPERATING SYSTEM YOU ACCESS OUR SERVICES.
8. Governing Laws and Choice of Forum
This Agreement shall be governed by and construed under the laws of the Missouri state, USA, without regard to its conflict of law provisions. You agree that if you have any dispute with Infinite Selection you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the arbitration.
9. Agreement to Arbitrate
You and Infinite Selection acknowledge that neither of us will bring or participate in any class action or other class proceeding in connection with any dispute with the other party. Further, neither you nor Infinite Selection agree to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator, unless the claim amount exceeds $1,000,000, in which case the dispute shall be heard by a panel of three arbitrators. The place of arbitration shall be Saint Louis, Missouri. The arbitration shall be governed by the laws of the State of Missouri. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
You may terminate your account with Infinite Selection at any time by contacting us on our email address. You will not be provided with any refund or credit for any unused Services. Termination of your account will not release you from your obligation to return any rented Sneakers or to pay any additional charge.
We may terminate or limit your access to the Services at any time and for any reason whatsoever. You will only be provided with the Infinite Selection gift card in the pro-rated amount in the event that your Unlimited Subscription has been terminated because of the discontinuity of the service.
Your obligation for the costs and fees as well as the arbitration clause shall survive the termination of your account.
11. Final Provisions
Infinite Selection reserves the right, in its sole discretion to terminate limit or suspend any User’s access to this website without notice or liability, for any reason whatsoever, including the User’s breach of any of these Terms.
If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
Neither Party may assign or transfer any right or obligation under this Agreement to a third-party without obtaining prior written consent, except to the successors in the event of merger, sale, or liquidation of the Party.