Terms and Conditions
TERMS AND CONDITIONS
Welcome to KITILY (previously known as FestieBestie)!
KITILY is owned and operated by FestieBestie LLC.
These are the terms and conditions for:
(Hereinafter referred to as “KITILY”).
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
The following terms and conditions apply to the website, products and services offered by KITILY. This includes the mobile and tablet versions as well as any other version of KITILY accessible via desktop, mobile, tablet, social media or other devices.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS.
You may use the website and purchase the products only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
Access to the website is available to all ages.It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their children or minors in custody. To purchase and register to KITILY’s services, you must be 18 years of age or older and reside in the United States.
By using the website and purchase the products, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
You represent and warrant that your use of the website does not violate any applicable law or regulation. KITILY may, in its sole discretion, refuse to offer the website and products to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
Promotions, contests and sweepstakes are subject to their own terms and conditions and may be terminated without notice. Before entering any contest or sweepstakes, please refer to the terms and conditions of each contest or sweepstakes, which shall form an integral part of these terms and conditions.
Your membership automatically renews on a monthly basis indefinitely unless you cancel or pause your membership or if your membership is terminated by KITILY under these terms. If you register with KITILY, you will be asked to choose a password and will be asked for additional information to create an account. You are responsible for maintaining the confidentiality of your password and accurate account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify KITILY of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without KITILY's prior authorization. KITILY will not be liable for any loss or damage arising from your breach of this agreement.
Users may cancel or pause their accounts at any time and for any reason in their membership portal. Such cancellation will stop payments and stop recurring payments and may result in the deletion of the account and the deletion of all personal data provided to KITILY.
KITILY reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if KITILY believes that you have breached any of these terms, provided KITILY with false or misleading information, or interfered with any other party's use of the website or service.
- NOTIFICATIONS AND NEWSLETTER
By providingKITILY with your email address and phone number, you agree that we may use your email address to send you notifications about the status of your order, important communications about our services or products, news and special content. We may also use your email address and phone number to send you notifications via SMS messages, push notifications and other messages, such as changes to service features, product news and special offers on our products. If you do not wish to receive these emails, SMS messages or push notifications, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in emails or by replying with the word "STOP" to SMS messages. Opting out may prevent you from receiving emails, SMS messages and push notifications about updates to your order, news or special offers on our products.
- HOW IT WORKS
- The customer must register and purchase a monthly membership.
- The customer will be able to rent:
- 2 items at a time once every month under Festie Bestie Membership Plan
- 4 items at a time twice every month under Rave Babe Membership Plan
- 6 items at a time twice every month under Cosmic Unicorn Membership Plan
- The customer will receive at his delivery address provided at checkout, a package with the selected items in our store.
- The customer must return all items together in the provided packaging before placing a new order. If an item is missing in the return, KITILY will assume that the customer intends to purchase item(s) and KITILY will send an invoice for 30% of the value of the product(s)
- The customer will be able to purchase the items sent in the subscription package. In the event that the customer wishes to purchase an item, a charge of 30% of the value of the product displayed on our website, depending on the product, will be invoiced to the customer once all outstanding items are returned. If the item was mistakenly not returned, and the customer does not intend to purchase, the customer will be responsible for shipping the item back including shipping costs and fees.
- The customer will be able to keep items as long as their membership is active and in good standing. If a membership is canceled, paused or terminated, the customer must ship all items back before the next billing date. When returning the items, it is not necessary to wash the items. KITILY will care for the washing and disinfection of the items.
- Upon receipt of the items by KITILY and according to their chosen membership outlined above, the customer will receive a notification that will allow the customer to re-rent items on our website.
- The customer may cancel the membership at any time without any charge. The membership will be canceled for the next billing period.
- Additional items can be rented out for $7.99/item. To do this, the customer must reach out to KITILY and notify us which additional items they want to rent with their order prior to their order being shipped.
- Ground shipping is free for all plans and 2-3 day shipping is free for Cosmic Unicorn Plan (discount automatically applied).
KITILY offers monthly memberships that will allow our customers to rent items according to their plan (outlined above) from our store each month.
Memberships are invoiced on a monthly basis. When a user purchases a membership, he/she accepts and declares to purchase the membership for the price advertised on the website at the time of purchase. Please check the price and features of each membership before making a membership purchase.
When a user makes a purchase of a membership, KITILY will send a confirmation email. This confirmation email will be produced automatically so that the user has confirmation of the payment and purchase of the membership. If the user does not receive the confirmation email upon purchase of the membership, it is possible that the email has been sent to their spam folder.
Plans may include automatic recurring payments (monthly billing). You authorize KITILY to renew your membership and to charge you periodically and progressively on each billing date. The billing date of the membership is the date you purchase the membership and make the first payment. On the relevant billing date, you will automatically be charged the relevant membership fee. The membership will remain active until you cancel or pause it or we terminate it. You must cancel your membership before it renews to avoid the next billing period. We will bill you for the membership billing fee in the payment method you choose during registration and membership purchase. The membership fee is non-refundable.
The membership plan includes insurance that covers minor easy to remove stains and simple repairs of the products but excludes significant damages, loss of theft. The customer may be responsible for any fees to repair or replace the product affected.
We send all products cleaned, inspected, and ready to wear. KITILY is not liable for any health-related complaints with any of our products.
Deliveries are made through third-party shipping partners and couriers are chosen under the discretion of KITILY. The customer may choose ground or 2-3 day shipping at checkout. KITILY is not responsible for any delivery delays. The customer must provide a safe delivery address and the customer is liable for items stolen or damaged.
Plans will automatically renew for an additional period unless canceled before the next billing period. To cancel memberships, users must cancel through the membership portal and the membership will be canceled for the next billing period. If a membership is canceled, the user may continue to use the paid features of the services until the next billing period, at which time the membership will be permanently canceled. If a membership is canceled, all items checked out must be returned prior to the next billing period.
KITILY may cancel the sale of any membership and may change or discontinue the availability of memberships at any time at its sole discretion. If a membership purchase is canceled, all payments made for the relevant billing period will be refunded. This does not affect your statutory rights.
If the customer fails to pay fees or costs, KITILY will pursue any amounts owed. You are subject to all collections processes and legal action that KITILY chooses to take.
Membership packages that include rental products will include a return packaging and label that the customer must use to return the products included in the subscription box that the customer has not chosen to purchase. Please note that the return shipment must be made in accordance with the return packaging and label contained in the subscription package. Shipping costs will be waived if the return shipment is made using the packaging and shipping label provided by KITILY. The customer must cover the return shipping costs, if the return is made using alternative shipping methods.
Items will be considered returned when they are received in perfect condition by KITILY within the return date stated on the subscription box and in the manner established by KITILY in the package and return instructions (packaging). In the case of missing products in the return, KITILY will assume that the customer wishes to purchase the item and a charge of 30% of the total value of the product offered to the public on the website, will be charged on the payment method selected or updated by the customer through his account.
In the event that returned products are found to be damaged, a charge for the full value of the product displayed to the public on the website may be applied to the customer.
In case of damage to any or all items please contact the customer service team through our contact information.
- SHOPPING ON THE WEBSITE
Please check prices and product variants such as sizes and colors before placing your order.
When a customer places an order, KITILY will send that customer an email which aims to confirm the order. This email confirmation will be produced automatically so that the user has the confirmation of his purchase and the details of the order.
We reserve the right to limit the number of units purchased by each user. KITILY also reserves the right to limit sales of our products on a regional or jurisdictional basis.
KITILY may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time in its sole discretion. If an order is canceled, any payments made for products will be refunded in full. This does not affect your statutory rights.
All new orders are considered separately and each is treated individually.
KITILY reserves the right to determine the price of products and memberships. The price of the product and its different variants will be available on each product page. Product prices and shipping costs are subject to change at any time depending on the value of exchange rates.
KITILY will make reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for current pricing information.
Will always try to make sure that the prices on the website is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the customer will be informed of such error. The option to reconfirm the order will be given to the user at the correct price. The user also has the option to cancel the order should the user not be satisfied with the correct price communicated on the said product order.
Products and memberships will be paid via PayPal and Shopify Payments (payment processors available on the website). Payment will be charged to the buyer's credit/debit card or charged to the buyer's PayPal account immediately upon ordering the product or membership. In the case of memberships, you will be billed monthly on each billing date. Once a transaction is processed, we will send an electronic receipt of the transaction to the customer's email address.
If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
Your payment information will be treated and stored with total security and for the sole purpose of processing the purchase and rental of products and the purchase of memberships. KITILY reserves the right to hire any payment platform available on the market, which treats your data for the sole purpose of processing the purchase and rental of products and the purchase of memberships.
- PRODUCT DESCRIPTIONS
KITILY attempts to be as accurate as possible. However, KITILY does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free. Product descriptions and images may vary according to the color resolution of the user's device screen.
By visiting the website and accessing the content available on the website, you accept personal responsibility for the results of the use of the information and content available on the website. You agree that KITILY does not guarantee the results of actions advised or not advised by this website and the content available on the website. KITILY provides resources and content for informational purposes only. You acknowledge and agree that your ultimate success or failure in using the information and content available on the website will be the result of your own efforts, your particular situation and a number of other circumstances that are beyond FestieBestie's control. This disclaimer does not seek to exclude any warranties implied by law which may not lawfully be excluded.
All materials on the website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by KITILY or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on the website are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without KITILY prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize KITILY or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
- COPYRIGHT COMPLAINTS
KITILY will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). KITILY respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that KITILY may find it on the KITILY website.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to KITILY by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the website. In addition, the following activities are prohibited:
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any part of our website for any purpose without our express written permission.
- "Frame", "mirror" or otherwise incorporate any part of the Services into any other website or service without our prior written permission.
- Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by KITILY in connection with the website.
- Evade, disable or otherwise interfere with security-related features of the Services or features which prevent or restrict the use or copying of any content.
- DISCLAIMER OF WARRANTIES
Because of the nature of the Internet KITILY provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse KITILY for any loss or damage caused as a result.
KITILY will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, KITILY excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to KITILY and KITILY shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on the website.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product purchased through the website.
- Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from KITILY.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
- THIRD PARTIES
Through your use of the KITILY website and services you may encounter links to third party websites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where KITILY provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that FestieBestie are in no way responsible or liable for any such third-party sites.
You agree to defend and indemnify KITILY and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your purchase of the products and memberships.
- ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by KITILY for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
- CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. We may provide notice of any such changes by email, notice at login, or on the website. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.
- PERSONAL DATA
- INTEGRATION CLAUSE
You agree that any dispute, claim or controversy arising out of or relating to the breach, termination, enforcement, interpretation or validity of these terms or the use of the website and purchase of the products shall be resolved by binding arbitration between you and KITILY, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with the products offered through the website or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate formal dispute proceedings by sending us a communication through our contact information. KITILY may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and purchase of products.
The courts of the United States, specifically the courts located in the State of Washington, shall have jurisdiction over any dispute, controversy or claim relating to KITILY and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of Washington.
- FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms.
Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website, your purchase of products on our website, or information provided to or collected by us in connection with your use of the website and purchase of products.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
- CONTACT INFORMATION
If you have questions or concerns about these terms or the products, please contact us through our contact page or via the contact information below:
FestieBestie LLC - KITILY.
Contact Information: info@KITILY.com (971) 405-2114
PO BOX 70002, Bellevue, WA 98007