Shoulder Candy Agreement | Terms and Conditions

Shoulder Candy welcomes you!  This Agreement ("Agreement") sets forth the terms and conditions of your Shoulder Candy handbag rental period, membership, and use of the Shoulder Candy Web site (“Site”). In this agreement, “you” or “your” means any person renting handbags from Shoulder Candy, or any person signing or signed up for a Shoulder Candy Membership (“membership”), and “we”, “our”, or “us” means Shoulder Candy.  By renting handbags from Shoulder Candy, signing up for a Shoulder Candy membership or accessing the Site you agree to be bound by the terms of this Agreement.

Shoulder Candy, in its sole discretion, may change the terms of this agreement at any time, without prior notice to you. It is your responsibility to read, and agree with these terms and conditions as posted on the site, as they are posted in their future iterations. You agree to check for future versions and updates by accessing the  “Terms and Conditions” link located on pages of the Site once per week while you have a valid membership, while you are renting handbags, or during a free trial.  Your continued use of the Site and/or maintaining a valid membership demonstrates that you agree to bound by these terms, in their current or future state.  If you do not agree to these terms in their current forms, or their future iterations, alterations or updates, please do not sign-up for or renew a Shoulder Candy membership, or use the Site.  Further, in the event you do not agree with the terms and conditions, you must contact Shoulder Candy by e-mail to terms@shouldercandy.com, to arrange the immediate cancellation of your membership.  In the event that any inconsistencies exist between these terms and any future published agreement terms, the last published terms shall prevail.

1.  Our Service.  Members of Shoulder Candy are allowed to borrow Products from its inventory, as set out below in this Rental Agreement.  The Site details all privileges, options, services, and fees, and these are subject to change, in our sole discretion.  In addition, this agreement details certain privileges, options, services and fees, and by using the service or site you acknowledge that you are aware of them, and that you are aware that they are subject to change at our sole discretion.

2. Billing, Mode of Payment, and Membership Term.

2.1 Payment Method. Shoulder Candy reserves the right at any time to require you to change your Payment Method to one that may have not been available upon sign up, should such a new payment method become supported by the Shoulder Candy Web site. This may include, but not be limited to, a system of secure credit card billing. Notification of a Payment Method change will be either posted on the Web Site, or delivered by e-mail. Shoulder Candy reserves the right to terminate your membership, should you not comply with the required change in payment method.

2.2 Paypal. While Shoulder Candy supports payment via Paypal, you must become familiar with and agree with Paypal’s “User Agreement for Paypal Service“ located at www.paypal.com

2.3  Gift Certificates.  To redeem a Shoulder Candy gift certificate, you must send an e-mail to "shouldercandy@shouldercandy.com" containing your contact information and the gift certificate code (located on the front of the certificate), either before or after you rent a handbag from the site. The Gift Certificate amount will be credited or refunded to your Paypal account in full within 1 day of ordering a handbag. The Gift Certificate is non-transferable, non-refundable, and is valid six months after the date it was issued.

2.4 Continuous Service Billing. For Shoulder Candy handbag rentals, your weekly rental fees will be automatically billed on a continuous basis until you return the handbag and all other terms are met. For some, a Shoulder Candy membership is on a continuous service basis.  This means that once you become a member (or after the expiry of a 28 day free trial), your membership will be automatically renewed, and your Payment Method will be automatically billed on a monthly basis, until such time as you cancel your membership, change your membership options, or we terminate your membership as outlined below. Your agreement to these Terms constitutes notice of, and your acceptance of, automatic renewal and automatic monthly billing.  Shoulder Candy will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide us at registration, or to a different Payment Method should you change to another Payment Method, if and when such a method becomes supported.

2.5 Billing Authorization.  By signing up for a rental or membership, you agree that Shoulder Candy is permitted to charge, debit, request funds from, as applicable, your Payment Method all corresponding membership fees, shipping and/or trade fees, insurance fees, replacement or damage fees, or any other fees arising from your use of and/or membership with Shoulder Candy.  You agree that Shoulder Candy is not responsible for any additional bank fees, service charges, interest charges, overdraft charges, finance charges or any other fees you may incur resulting from the use of the Shoulder Candy service, or the Site.  Shoulder Candy reserves the right to utilize a 3rd party to charge your Payment Method on Shoulder Candy’s behalf. 

2.6 Billing Schedule. Rental Fees plus applicable taxes for your first week's rental will be billed to your payment method at the moment you order your first bag, then 10 days after that (for week 2), and then every 7 days until we receive both a cancellation e-mail and confirmation of return shipping to us of our product, and receive the borrowed product in satisfactory condition no more than seven (7) days after receiving your cancellation and e-mail with tracking information.  For those who have a Shoulder Candy Monthly Membership, Your payment method will then be billed successively each month on the same calendar day of the month.  If your free month membership commences on the 1st of January, then billing will commence on the 1st of February, and then continue billing at the same rate for successive months until change in membership type, change in fee, cancellation or termination. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. If your membership commences on a calendar day not occurring in a following month, you will be billed on the latest possible day of that month, closest to your monthly billing date.  For example, a membership commencing on the 31st of March would begin billing on the 30th of April.  Once a “Login” feature is added to the Shoulder Candy site, the commencement date of your Shoulder Candy membership and your next monthly payment period will be found in the "Your Account" section of the Site. Until Login and password capabilities are implemented, it is your responsibility to record your monthly renewal date. Please also see 6.2 Insurance.

• Pre-Authorization and Security Deposit.  We reserve the right at any time to pre-authorize your payment method for a charge for the partial or full replacement cost of any item you may be borrowing, or may borrow in the future, in case of theft, loss, or damage.  This pre-authorization will only become a charge if products are lost, stolen, damaged, or unreturned.  If your Payment Method is not pre-authorized to accept such a charge, or pre-authorization is not possible with your Payment Method, Shoulder Candy reserves the right, at any time, to require from you an actual security deposit for the replacement cost of the item, payable by bank draft, money order, or by Paypal.   Security deposits will be returned to you upon cancellation, unless you have damaged, lost, or stolen, or unreturned items, in which case the deposit will be applied to the balance owed.  Additional charges over and above the amount of the Security Deposit may apply, and are determined in our sole discretion.  The amount of the pre-authorization or security deposit is dependent upon the Product borrowed, or to be borrowed, and is determined at Shoulder Candy’s sole discretion.
• Cancellation.  To end your rental period, or to cancel a membership, a cancellation request must include both an e-mailed request to customerservice@shouldercandy.com and tracking information for the return to us by you of any and all borrowed items.  Upon receiving a complete request to cancel, and upon receipt all outstanding borrowed products on loan to you, or payment for any and all unreturned damaged products as set forth in this Agreement, Shoulder Candy will terminate your recurring rental fee and/or membership. NO REFUNDS WILL BE GIVEN FOR ACCOUNT ACTIVATION FEES.  NO REFUNDS OR CREDITS WILL BE GIVEN FOR ANY UNUSED PARTIAL MONTHLY MEMBERSHIP PERIODS OR FREE MONTHS.  FREE TRIALS HAVE NO CASH VALUE.  Within seven (7) days from the date you give us complete notice of cancellation as set forth above, Shoulder Candy must receive delivery of any and all borrowed items, or you must satisfy any payments for any unreturned or damaged Products as set forth in this Agreement. Failure to return (if we do not receive from you), such Product(s) will result in your Payment Method being billed automatically a replacement fee for the Product at the full replacement cost of the outstanding Product(s).  All replacement costs are determined at Shoulder Candy’s sole discretion.  In the event of failure to pay for the replacement cost of an outstanding product, Shoulder Candy will continue to bill you for weekly or monthly fees until a replacement charge is paid for, and Shoulder Candy may use 3rd parties including, such as collection agencies or other services or individuals, to collect outstanding fees, unreturned products, replacement costs, or charges.

2.9  Membership, Account, or Fee Changes.   Shoulder Candy may, at any time, in its sole discretion, change or add any membership fees, trade fees, service fees, or any other fees or charges related to your use of the Site and the Service.  Notification of such changes will be posted on the Site, or sent to you via e-mail.  You agree that it is your responsibility to visit the Site on a weekly basis to ensure that you are aware of any changes in rates or service options.

2.10   Your Account. It is your responsibility to provide and maintain an accurate and working e-mail address, delivery address, telephone numbers, current creditcard and/or Paypal billing information, at all times. Currently, Shoulder Candy will only ship to your confirmed shipping address. (Shipping and Billing addresses must match, please see www.paypal.com for further details) Shoulder Candy will in the future create and implement an account login process whereby you will be required to provide a login name and password to access your account. All responsibilities for maintaining for accurate personal information, as detailed above in this article, will still apply, regardless of the method of viewing or altering your account information.

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3. Eligibility. You must be 18 years of age or older to rent handbags from Shoulder Candy, and must have a valid Paypal account (or credit card, when supported) in your own name.  We will perform Identity Verification on all members for our security and for the security of the payment method account provided by you.  We reserve the right to deny service if you do not meet our Identity Verification standards, or for any or no reason whatsoever.

4.  Ownership of Products.  All products on loan to you remain the property of Shoulder Candy, unless otherwise specified.  Shoulder Candy will transfer ownership of Products only if we receive full payment for them, and we reserve the right to deny any offer to purchase one of our items, or to deny you the right to borrow any one of our products.

5. Delivery and Return of Shoulder Candy Products

• On the Site, you may find our current policies regarding the return and delivery of our products.
• You must return the same products you were sent.
• Items will only be shipped to addresses that meet our Identity Verification standards.  To ensure the fastest possible shipping, verify your Paypal account, and only request shipping to the confirmed Paypal address, matching the billing address.
• Immediately upon shipment of any Product to you, after the item has left our storage and been received by the shipper, any and all liability for the Product’s loss or damage passes to you, until it has been returned by you to us, and has been inspected and verified that it was returned in an acceptable condition. 
• You agree to use the packaging provided on delivery to return the product, and to ensure adequate protection and consistency of our shipping costs.  If additional shipping fees, over and above our prepaid label, are required because you have used different packaging for any reason, you are responsible for the additional shipping cost, and for the cost of the packaging itself.
• Delivery time for borrowed Products is variable, based upon (i) Product availability, (ii) your address, (iii) your availability to sign for the Product, (iv) time of borrow request, and (v) unplanned interruptions in shipping service, (vi) unplanned interruptions in computer or server service, (vii) other circumstances impacting delivery. Shoulder Candy will send you an e-mail with a tracking number letting you know when your Product is shipped and the forecasted delivery time.

6. Damaged Products.

6.1  You agree that Shoulder Candy has the right to bill and collect from your payment method a replacement charge for any and all products returned to us in an unsatisfactory, damaged or dirty condition exceeding normal wear and tear, as determined by us in our Sole Discretion.  You agree to pay this fee immediately upon being billed.  (Please see “6.2 Insurance”). The Product replacement charge depends on the purchase cost, replacement cost, rarity of the bag or product, and losses incurred by us as a result of the damages sustained to the Product while it was on loan to you. Further, Shoulder Candy, in its sole discretion reserves the right to determine the amount of the replacement fee.

6.2 Insurance. For Handbag Rentals, you may opt for an additional insurance once you order a handbag. This is billed to you weekly until your handbag is returned to us and all other conditions are met. All Insurance options cover incidental product damage only, and does not cover loss or theft of a product, intentional damage by you or any other person, nor damages caused by you in an attempt to fix, sew, glue, colour, polish, clean, wash or otherwise maintain or repair a product. For those with memberships, you may opt to sign up for an Insured Membership (“Worry-Free Membership”) at any time including initial sign up.

a) Upgrading to a Worry-Free membership. For those with memberships, you may upgrade at any time from a regular, uninsured membership to a Worry-Free membership, regardless of your billing anniversary date. If you choose the Worry-Free membership’s benefits to commence on your billing anniversary date, your monthly renewal fee will be added to the Worry-Free membership price, and billing will automatically renew as per section 2.4. For an immediate upgrade not beginning on your billing anniversary date, your first month’s upgrade fee will be a separate charge, a prorated difference between the Worry-Free and non-insured memberships, covering the remainder of the month until your membership automatically renews, at which time the monthly insurance fee will be billed as well, automatically renewing as per section 2.4.

b) Downgrading from a Worry-Free to a regular membership. For those with memberships, if you request to return to a regular, non-insured membership, your billing will automatically renew at the normal membership fee, on your billing anniversary date, as per section 2.4. Downgrades requested in the middle of the billing cycle will not be prorated.

c) Limitations. Products currently on loan to you at the time of upgrade are NOT covered against product damage. Coverage only extends to products borrowed after a Worry-Free membership becomes effective. Products that are currently on loan to you when your membership downgrades to a regular, non-insured membership, are no longer covered against product damage, regardless if damage occurred while you still had a Worry-Free membership.

7. Disclaimers of Warranties and Limitations on Liability.

7.1 DISCLAIMER OF WARRANTY. SHOULDER CANDY PROVIDES THE SERVICE AND THE SITE ON AN "AS IS" AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH SHOULDER CANDY OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE. SHOULDER CANDY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SHOULDER CANDY DOES NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR FREE OF OMISSIONS, OR WILL MEET YOUR REQUIREMENTS, THAT THE SERVER WHICH MAKES THE SITE AVAILABLE WILL BE FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL ELEMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED.  SHOULDER CANDY DISCLAIMS ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY INTERRUPTIONS OR DELAYS IN THE SHIPMENT OF PRODUCTS, DELIVERY OR TRANSMISSION OF SITE CONTENT, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SITE OR THE SERVICE, OR CONDUCT BY USERS OF THE SITE OR SUBSCRIBING MEMBERS OF SHOULDER CANDY.  IN ITS SOLE DISCRETION, SHOULDER CANDY RESERVES THE RIGHT TO REFUSE TO SHIP PRODUCTS.

7.2  LIMITATION OF LIABILITY. You agree that your use of the Service and the Site are at your sole risk.  You assume all responsibility for the entire cost of servicing, or repairing your system.  YOU AGREE THAT IN NO EVENT WILL SHOULDER CANDY, ITS OWNERS, INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, SERVICE PROVIDERS, BE LIABLE (JOINTLY OR SEVERALLY)

• TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) OR ANY DAMAGES (WHETHER ACTUAL CONSEQUENTIAL, PUNITIVE, OR OTHERWISE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE, EVEN IF SHOULDER CANDY OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR ON ANY OTHER THEORY OF LIABILITY, OR;
• TO ANY PERSON OTHER THAN YOU.

NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS SHOULDER CANDY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SHOULDER CANDY FOR THE SERVICE DURING THE  MONTH OF MEMBERSHIP THAT SUCH DAMAGES OCCURED.

IF ANY APPLICABLE AUTHORITY HOLDS THIS DISCLAIMER AND LIMITATION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE EXTENT ALLOWABLE BY APPLICABLE LAWS.

7.3  Shoulder Candy, its shareholders, directors, officers, investors, or employees, shall not be liable (jointly or severally) for any damages arising from or in connection with “phishing” or “spoof” e-mails, sites which impersonate either our Site and its trademarks and trade dress, or your payment method's website, trademarks and trade dress, or those of any other website. Shoulder Candy will never send you an e-mail requesting that personal or financial information be transmitted by a reply e-mail. Should Shoulder Candy require such information, or an update of previously submitted information, an e-mailed request will be sent for you to manually visit the site, visit our “Contact Us” page, and follow the instructions given, or to contact us by phone. If and when the site supports a member login feature, an e-mail will be sent requesting you login and visit the secure “My Account” section of the site. Please review Shoulder Candy’s privacy policy, as posted on the Site.

7.4  You agree to indemnify and hold Shoulder Candy, its shareholders, directors, officers, investors, or employees harmless from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising from the use, proximity, placement and/or handling of one of the borrowed products. Furthermore, you also agree to indemnify Shoulder Candy, its shareholders, directors, officers, investors, and employees for any damages or loss of any kind incurred by you due to or arising from as the use, proximity, placement, and/or handling of borrowed products on loan to you.

8.  Privacy. Any and all information you submit on the Shoulder Candy Web site is subject to our Privacy Policy, the terms of which are incorporated herein. By using the Site, and/or agreeing to these terms and conditions, you agree to our Privacy Policy.  Please frequently review our Privacy Policy to understand our practices.

9. Intellectual Property.

9.1  COPYRIGHT INFRINGEMENT POLICY. We respect the intellectual property of others, and we ask our Members and Site users to do the same. If you believe that a copy of your work is available on the Service without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information:

• A physical signature of the owner of the copyright interest, or a person authorized to act in their interest.
• A description of the copyrighted work that you claim has been infringed;
• Details of where the infringing material is located on the Site;
• Your address, telephone number and email address;
• A statement by you that you believe in good faith that the use of the work on the Site is not authorized by the copyright owner or any person entitled to act on their behalf or by law; and,
• An affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorized to act on their behalf.

Please deliver this information by mail to:

                                    Shoulder Candy Inc.

                                    14845-6 Yonge St.

                                    Suite #503

                                    Aurora, ON

                                    L4G 6H8

9.2  Copyright and Trademarks.  All content on the Site is property of Shoulder Candy or its Product Suppliers, and is protected by Canadian and International Copyright Laws.  Such content includes, but is not limited to, logos, graphics, photographs, designs, diagrams, images, icons, buttons, video clips, audio clips, sound logos, digital downloads, data compilations, software, or any compilation of any of the above.  You may not download, reproduce, distribute, offer for sale, create derivative works from, republish, reverse engineer, retransmit, copy, post, upload or otherwise use or exploit the content of the site including, but not limited to, the materials listed above, without our prior written consent. This also includes, but is not limited to "framing" of any part of the Site, or tampering with our software or the functionality of this Site, to reverse engineer or to circumvent the navigation of the Site.  You also may not use any robot, spider, or other automatic device or manual process to monitor the Site without our prior

written consent.

SHOULDER CANDY and shouldercandy.com are trademarks of Shoulder Candy.  Our trade marks, trade dress, and corporate identity include, but are not limited to all Shoulder Candy logos, sound logos, indiagrams, fonts, buttons, icons, text, descriptions, slogans, page headers and footers, colour schemes, service names, and the “look” and “feel” of the Site, and they may not be used in any way, shape or form that may cause confusion among members, customers, prospective customers, or other parties, or in any other way that may negatively affect Shoulder Candy.   Trademarks of other companies, brands, or Product suppliers, which may or may not be affiliated with Shoulder Candy, are not the property of Shoulder Candy and they remain the property of their respective owners.  We neither warrant nor represent that your use of materials displayed on the Site will not infringe the rights of third parties not owned by, or affiliated with, Shoulder Candy.

Any infringement of our intellectual property policy, or misuse of the Site or its Contents, including but not limited to the terms above, will result in immediate termination of the temporary limited license we have given you, and will be followed by swift legal action.

10.  Your Conduct. By accessing the Shoulder Candy site, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment on to or in any way that would affect the Shoulder Candy site. You also agree not to interfere with the servers or networks connected to the Site or to violate any of the procedures, policies or regulations of networks connected to the Site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Site or to use the Site for any unlawful purpose.  As a condition to your use of the Site, you warrant to Shoulder Candy that you will not use our Site for any purpose that is unlawful or prohibited by these terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. Any and all unauthorized uses of the Shoulder Candy Site or the contents therein will terminate the limited license granted to you, without the necessity of any notice. Shoulder Candy grants you a limited license to access the content on the site solely for your personal, non-commercial use.

11. Right to Terminate. Shoulder Candy reserves the right to terminate or restrict your Shoulder Candy membership and/or use of the Site, and/or any and all services related to your membership, without notice, for any or no reason whatsoever.

Shoulder Candy is in no way sponsored by, associated with, or affiliated in any way with the designers, companies and/or logos displayed on the site.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY SHOULDER CANDY.

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