Gaga’s Terms of Use
Acceptance of Terms of Use
Please read the following carefully. These Terms of Use, along with any other documents incorporated by reference, (collectively, the “Terms of Use”) govern your use of the Gagas.com website (the “Website”) and of any aspect of the Gaga’s service. By viewing any part of the Website or placing an order with Gaga's, you indicate that you accept and agree to be bound by these Terms of Use. If you do not accept and agree to be bound by the Terms of Use, you must immediately discontinue your use of the Gaga’s website and service.
Changes to Terms of Use
Gaga’s may, at any time and at its sole discretion, modify these Terms and Conditions without providing explicit notice to you. Such modifications will be effective immediately upon posting the revised Terms of Use on the Website. You agree to review the Terms of Use periodically. You agree that your continued use of Gaga’s following such modifications will indicate your acceptance of these modified Terms of Use.
Ownership
Gagas.com is a website owned and operated by Gaga’s, LLC (“Gaga’s”), an Illinois Limited Liability Company.
Privacy
All information entered by you on the Website or collected by other means (including, but not limited to, information provided via postal mail or emails to Gaga’s or during phone calls with Gaga’s) shall be governed by the Gaga’s Privacy Policy, which is incorporated herein.
How Our Service Works
Gaga’s offers several different services. Some items are available for rental while others are available for purchase. Rentable items may be rented for a three- or six-week rental term, rented for extensions of the original rental term, or purchased and kept once they have been received. Purchasable items are sold directly and finally at the time of checkout.
One-Time Rentals
Items which are available for One-Time Rentals can be borrowed for a three-week rental term or a six-week rental term. The rental term starts three days after the item is mailed from our warehouse, giving the item time to reach you. In a three-week rental term, you may keep the item for a full 20 days, and are expected to mail it back to Gaga’s no later than the end of the 21st day. With a six-week rental term, you may keep the item for a full 41 days, and are expected to mail it back no later than the end of the 42nd day.
On or about the last day of the rental term, if Gaga’s has not already received the item back at our warehouse, we will mail you an email and you can indicate if you (a) have already returned the item, (b) wish to keep it out for an additional seven days at an extra charge as described in the email, or (c) wish to purchase the item for the “Keep It” price described in the email.
Note that Gaga’s is not obligated to send any notification of the end of any rental term. Returning the item or items rented within the allowed timeframe is solely the responsibility of the customer and no communication from Gaga’s, nor the absence of any communication, should be construed as in any way releasing the customer from their obligation to return the item in the timeframe required.
Items will be expected back in the Gaga’s warehouse no later than fourteen days after the end of the rental term. Any item not received within fourteen days after the end of the rental term shall be considered Lost as defined elsewhere in these Terms of Use.
Rental Returns
Each rental order will be sent with a prepaid return shipping label. You may use the label only to return to Gaga's the item or items rented. Note that there will be just one label per order, regardless of how many items are in the order; if you choose to return an order consisting of multiple items in multiple packages, you will be responsible for payment of return postage for all packages other than the one using the supplied return shipping label.
You acknowledge that use of the shipping label for any purposes other than returning rented items constitutes fraud and may result in your credit card being charged for the amount of the shipping label and/or suspension or termination of your account.
In the event that you lose the pre-paid UPS shipping label that was included with your order, please contact Gaga's Customer Service at 1-888-GAGAS-88. In most cases, we can mail you a replacement UPS label to use in returning your package.
Delivery Speed
Gaga's ships standard orders via UPS Ground. Depending on the shipping address, this service will deliver your items to you in one to five days from when you place your order. Please view the UPS shipping map on our Order Timeline page.
If you need faster delivery, you should consider using the optional 2nd Day Priority Service or Next Day Priority Service. Note that while these services will accelerate your items getting to you, they may still be affected by items which must be made for your order, and are not guarantees.
Gaga's urges people to order with enough lead time to account for any unexpected delays with the UPS shipping service. If you are not ordering with the recommended lead time and have an immutable deadline that you are concerned about, please call Gaga's to find out exactly when you can expect your order to ship and be received.
Delayed Items
All order confirmation emails will include a UPS tracking number for your reference. If an item has not arrived by the date it was expected, please contact UPS at (800) PICK-UPS with the tracking number to learn what information they can provide. If UPS is unable to help you, please contact Gaga's Customer Service for assistance.
Data Entry Errors
Gaga's shall not be held responsible for errors made by customers while entering information during the checkout process, which may result in the order not reaching its intended destination in the expected time frame. Customers are urged to carefully review all entered order information, including the customer name, address, billing information, event date, and all other information entered during the online order process.
Extended Rental Terms
Items are rented on a three- or six-week rental term as described above. If you need to keep an item out longer than the original term, you can extend the rental term for one week by paying an Extra Week Fee equal to 40% of the three-week rental price.
“Keep It” Purchases
Any rental item you have checked out may be purchased and kept. To do this, log in to the Gaga’s website and visit the Your Account section. Each item currently rented out will be listed with a “Keep It” price and button displayed. If you wish, you may click the “Keep It” button and you will be charged the price displayed to keep the item. After you have purchased an item via the “Keep It” functionality, there is no need to return that item; it is yours. If you have a prepaid UPS shipping label that will not be needed after the “Keep It” purchase, you agree to destroy it, and acknowledge that use of the label for any purposes other than returning rented items constitutes fraud and may result in your credit card being charged for the amount of the shipping label and/or suspension or termination of your account.
Stained and Damaged Items
Gaga’s expects you to treat each item you receive via the Gaga’s service as if it was lent to you by your best friend. If a friend loaned you an outfit, you would do your best to treat it well, take care of it, and return it in the same condition you received it – Gaga’s expects you to take care of our clothes in the same way, so that we can provide everyone with the clothes in the best condition possible.
However, if something happens to an item while it’s in your care, contact Gaga’s Customer Service for further information. You might be asked to pre-treat a stain so that we have a better chance of being able to remove it, or you might be asked to wash or have the item professionally cleaned before returning it, in order to help prevent a stain from setting. In the event we ask you to have something professionally cleaned, you will be issued a Gaga’s credit, good for any future rental or purchase, for twice the amount you spend having the item professionally cleaned, subject to verification at Gaga’s discretion.
If an item rips or is otherwise damaged, please return it to Gaga’s for us to professionally repair the item if possible.
If we receive an item back from you in a seriously stained or damaged condition, you will be notified that we have noted unusual and irreparable wear and tear on the returned item. In Gaga’s sole and absolute discretion, if an item is damaged beyond repair, you may be charged the “Keep It” price for that item and it will be returned to you as if you had purchased it.
If you return a Petal-Perfect (TM) Flower Girl dress that is damaged so that it is necessary to replace the layers of tulle netting, your account will be subject to a $15.00 repair fee.
Gaga’s reserves the right to suspend or cancel the account of any customer who, in Gaga’s sole and absolute estimation, has returned too many items in a damaged or stained condition.
Alterations
To preserve items in a reusable condition, alterations are not permitted under any circumstances to items rented from Gaga's.
If items are received back which have been altered, a fee may be assessed ranging from $5 for hem-removal through the full "Keep It" or replacement price of the item if the alteration has permanently affected the item.
Delayed Returns
All rentals have a clearly indicated "Send Back By" date. This is the date you must have the items in UPS's hands and on the way back to Gaga's. It is NOT the date by which we must receive them.
However, if items are not sent back to Gaga's by the indicated date, they may be assessed a late fee equal to as many one-week rental extensions are required to account for the delay.
Lost Items
When an item has not arrived back in the Gaga’s warehouse fourteen days after the end of the rental term, it shall be designated as “Lost”. Any account with a Lost item will be suspended and will be unable to rent other items. After an additional seven days, if the item still has not arrived at the warehouse, the credit card of the customer may be billed for the Keep It price associated with the Lost item.
Should the item show up after the customer's card has been billed, and there is reasonable evidence that it was, in fact, delayed in the delivery system and not simply returned late, then Gaga's will completely refund the charge on the credit card and reinstate the customer's account.
If a component of a tuxedo or suit rental is not returned with the rest of their items, the customer account will be subject to a replacement fee, as follows:
- Jacket - $24
- Slacks - $21
- Shirt - $13
- Vest - $10
- Tie (bow or windsor) - $8
- Cummerbund - $8
- Euro Tie - $10
- Perfect Rose sash - $16
- Perfect Rose rosette accent - $6
Refunds
If there is any problem with an order from Gaga’s, please contact our Customer Service department and we will do our best to rectify the situation. In no event shall Gaga’s liability for any claim be greater than a full refund of the billed amount; however, this statement should not be construed as meaning that Gaga’s ever has any obligation to refund any amount except in its sole and absolute discretion.
If a refund is requested for dissatisfaction with an item or order, when the returned items are received at our warehouse we will assess the validity of the claim and, in Gaga's sole and absolute discrete, refund up to the amount of the order less all incurred shipping charges.
When purchased items are returned for a refund, the refunded amount shall be reduced by an amount equal to all shipping costs incurred by Gaga's for the transaction.
Rental Limits and Security Deposits
Gaga’s reserves the right, in its sole and absolute discretion, to limit the amount of merchandise which may be checked out by any one person or to any one address. Gaga’s may, under some rare circumstances, require a security deposit on the customer’s credit card before shipping an unusually large rental order. You will be notified in advance of any charges if Gaga’s needs to take a security deposit on your order, and you will have the opportunity to adjust or cancel your order if you choose.
Consent to Receive Electronic Communications
By using the Gaga’s service, you consent to receiving electronic communications from Gaga’s. These communications may include notices about your account and orders, new service and service change announcements, and, if you have provided your opt-in, a periodic electronic mail newsletter. Further, if you contact Gaga’s by any means, including but not limited to electronic mail, telephone or via postal mail, you agree that Gaga’s may respond to you via electronic mail. These communications are part of your relationship with Gaga’s and you receive them as part of the Gaga’s service.
You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by Gaga’s in writing shall be satisfied by such electronic communication.
Consent to Have Submissions Published
Any text or images which are mailed to the "Testimonials@Gagas.com" email address or included in returned rental packages may be used by Gaga's in its marketing materials, including but not limited to publication on the "Rave Reviews" page of the website. Note that this only applies to communications sent to the Testimonials@Gagas.com email address or included in returned rental packages; communications to all other Gaga's email addresses are considered private and fully protected by our Privacy Policy.
Account Access and Identity Protection
As explained in the Privacy Policy, Gaga’s may place a small text file called a “cookie” on your computer to help provide you with ease of access to your account. When you revisit the website, this cookie will enable us to recognize you as the account holder and, if you choose, provide you with direct access to your account without requiring you to retype any password or other user identification.
You are solely responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may choose to share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions. Users of public or shared computers should log out at the completion of each visit to the Gaga’s website.
If you suspect or discover that you are a victim of identity theft and it in any way involves Gaga’s, the Gagas.com website, or your Gaga’s account, you should notify Gaga’s Customer Service immediately. You should also report this instance to your credit card issuers, as well as your local law enforcement agency. Gaga’s reserves the right to suspend or terminate your account at any time, with or without notification to you, in order to protect itself and its partners from what it believes to be fraudulent activity.
Intellectual Property Rights
Copyright
All website design, text, graphics, the selection and arrangement thereof, and all software used in the delivery and management of the Website are Copyright 2006-2007, Gaga’s, LLC. Any other use of materials on this website including reproduction for purposes of modification, distribution, or republication without the prior written permission of Gaga’s is strictly prohibited.
Service Marks, Trademarks and Trade Dress
“Gaga’s, LLC”, Gaga’s, “Rent the Perfect Outfit”, “Every Occasion, Every Time”, “Rent It, Wear It, Return It”, our wordmark and logos, the asterisk device, and all custom graphics and button icons are service marks, trademarks, and/or trade dress of Gaga’s. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Patents
The animated “Add to Cart” procedure and the animated “Add to Hotlist” procedure are patent pending. Any unauthorized reproduction of these effects, methodologies or procedures, or any substantially similar mechanisms, are infringements on Gaga’s patent-pending technology and will be aggressively prosecuted to the full extent legally permissible.
Claims of Infringement
It is the policy of Gaga’s to respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Gaga’s website, or know of someone who is making unauthorized use of the content of the Gaga’s website, please notify us of your concern by submitting a written notice to us at the following address:
Gaga’s, LLC
4433 N. Ravenswood Ave.
Chicago, IL 60640
Attention: General Counsel
Your signed communication must contain the following:
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A physical signature of a person authorized to act on behalf of the owner of the copyright interest;
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Identification of the copyrighted work claimed to have been infringed;
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Identification of the material on the Gaga’s website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
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Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
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A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
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A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Our copyright notice phone number is (773) 868-4242 and our copyright notice email address is Copyright@Gagas.com. Please note, however, that in order for your notice to us to be recognized and valid under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this email address; for queries that are not related to copyright matters, please see other ways to contact us.
Limitations on Use
Age Requirements
You must be 18 years of age or older and possess a valid credit card in your name to purchase or rent items from Gaga’s. While individuals under the age of 18 may utilize the service, they may do so only with the direct permission and involvement of a parent or legal guardian. While Gaga’s does ask adult members for some limited information about the children they are shopping for, this is strictly to provide the most relevant browsing and shopping experience. We do not intentionally seek to collect information from individuals 13 years of age and younger.
Limited License for Use
Unless otherwise specified, the content on the Gaga’s website is for your personal and non-commercial use and we grant you a limited license to access the Gaga’s website for that purpose only. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Gaga’s website without our express written consent. Specifically, you may not reuse the photography from the Gaga’s website for any purposes whatsoever without explicit written permission from Gaga’s. Any unauthorized use of the Gaga’s website or its contents will terminate the limited license granted by us.
Your Conduct on the Gaga’s Website
By accessing the Gaga’s website, you agree not to upload, post, e-mail 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 associated with the Gaga’s website. You also agree not to interfere with the servers or networks connected to the Gaga’s website or to violate any of the procedures, policies or regulations of networks connected to the Gaga’s website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Gaga’s website, conduct yourself in a vulgar or offensive manner while using our service, or use the Gaga’s website for any unlawful purpose.
Right to Terminate
Gaga’s reserves the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Disclaimers
Limitation of Liability
The Website and its contents are provided “as is” and we make no representations or warranties of any kind with respect to the Website or its contents. We assume no liability or responsibility for any losses or damages arising from the use of the content provided on the Website. We reserve the right to ship items in our sole discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
IN NO EVENT WILL GAGA’S, LLC, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE GAGA’S WEBSITE OR SERVICE.
If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
No Waiver
The failure on the part of Gaga’s to enforce any part of these Terms of Use shall not constitute a waiver of any of Gaga’s rights hereunder for past or future actions.
External Links
The Gagas.com website may link to websites owned or operated by entities other than Gaga’s, LLC. In this case, Gaga’s makes no representations as to the appropriateness of such websites, the accuracy of their information, their privacy policies, or any other aspect of their content and operation. You agree that you visit any such websites entirely at your own risk and completely absolve and hold blameless Gaga’s for anything which may occur as a result of visiting such websites.
Site and Technical Errors
Gaga’s shall not be held responsible for errors on the Gagas.com website, including but not limited to: interruptions and outages of service, lost or corrupted Hotlists or Carts, pricing errors, improperly processed promotional codes, content errors and omissions, typographical errors, or missing or mislabeled graphics.
Jurisdiction for Disputes
You and Gaga’s agree that the United States District Court for the Northern District of Illinois and the applicable courts of the City of Chicago or Cook County shall have exclusive jurisdiction over any dispute between you and Gaga’s relating in any way to the Gaga’s service or website or these Terms of Use. You and Gaga’s expressly and irrevocably consent to personal jurisdiction and venue in these courts.
Last Revision Date: 18 October, 2007
