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Terms and Conditions
1. Acceptance of Terms and Conditions of Use
These Terms and Conditions of Use constitute a binding legal agreement between the Customer (“you”, “your”) and Ms J Hodge trading as handbagsfromheaven whose office is at 2 Leighton Road, Southville, Bristol, BS3 1NT ("handbagsfromheaven," "we," "us," and "our"). Please read them carefully as they affect your rights and liabilities under the law.
The terms apply to the hire and/or sale of designer fashion accessories (“the Service”).
By using the Service, applying for an account/membership or visiting or viewing the website, you accept these Terms of and Conditions of Use. If you do not agree to these Terms and Conditions of Use you should not use the Service, or visit or browse the Site at all.
2. Changes to Terms of Use
We reserve the right to change these Terms and Conditions of Use at any time and in any manner at our own discretion. Your continued use of the Site constitutes your binding acceptance of such modifications.
You agree that we shall not be liable to you or to any third party for any modification of the Terms of Use.
3. Obtaining an Account
Before you can start using the Service, you must obtain an account with handbagsfromheaven by completing the online Account Form.
We may require proof of your payment details, address and/or identification in order to detect and prevent potential fraud for both you and us. If this is required we will contact you before dispatching any products.
We may run a credit check on you before granting you an account. You expressly authorise us, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time (including but not limited to your credit or debit card number or credit reports) to authenticate your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorisation and/or to authorise individual purchase transactions, so far as is necessary for those purposes.
In order to obtain an account and use the Service:
(i) You must be 18 years of age or older;
(ii) You must be able to lawfully enter into contracts on the Site in accordance with English law;
(iii) You must have a valid credit or debit card with a bank or other provider acceptable to us and you must have provided us with the details of such card;
(iv) Your application must be acceptable to us in all respects; and
(v) You must have authorised us to process a charge or charges to your credit or debit card for the Fees (plus any initial product rental and delivery charges).
You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse to offer you any current or future use of the Service and the Site.
You are responsible for maintaining the confidentiality of your account and password and you are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, notify us immediately. In order to provide you with ease of access to your account, we may place a cookie (a small text file) on the computers from which you access the Site. When you revisit the Site, this cookie will enable us to recognize you as the account holder and allow you to more easily access your account.
We reserve the right, at our absolute discretion, to refuse you an account for any reason. We will not be liable to any person by reason of refusing to process or suspending an account application.
4. PAY AS YOU GO service
You agree to pay the Fees for each product hired by you.
We will endeavour to provide the requested product however we cannot guarantee the availability of the precise product requested and we may supply an alternative at our absolute discretion.
You will be entitled to the hire of one (1) handbagsfromheaven product at any one time.
5. MEMBERSHIP service
You may apply to become a member of handbagsfromheaven. Membership is limited and if there are no current vacancies you will be placed on our waiting list. We reserve the right to refuse any application for membership at our absolute discretion.
By applying for membership you agree to a minimum initial membership period of 3 months. Thereafter membership will continue until terminated by either party giving to the other one months written notice or as otherwise stated in these terms.
When you are a member you will pay the monthly Membership Fee. Provided that all sums have been paid you will then be entitled to: -
15% off the Fees
Guaranteed availability of at least one item within each product range shown on our website
Special offers including the opportunity to purchase gently used stock when available
You will be entitled to the hire of one (1) handbagsfromheaven product at any one time.
6. Hire Fees
The charges for hire are indicated on the website or as otherwise notified to you (“Fees”). You agree to pay the Fees for each and every hire in advance of the product being shipped to you. You will be given an invoice (Order Confirmation) at the time of the order and payment will be due immediately and will be taken immediately from your credit/debit card.
If you are a member you will pay the monthly sum as indicated on the website or as otherwise notified to you (“Membership Fee”). The first Membership Fee will be taken on the day your membership application is approved and thereafter the Membership Fee will be taken on the same day of the month.
You warrant to us that the credit/debit card information you provide to us is accurate and complete and you specifically authorise us or our agent to bill your credit or debit card for all sums as they become due including the Fees, the Membership Fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with the Service.
We reserve the right to change any of the Fees, Membership Fee, delivery replacement or other applicable charges at any time, but notice of the changes will be emailed or otherwise notified to you in advance and will only take effect thirty (30) days after such notification.
If we do not receive payment from your credit or debit card provider, your details are incomplete or inaccurate or if your credit or debit card expires or is rejected you agree to pay all amounts due upon demand. In the event that any sums due have not been paid then we shall have no obligation to provide Services to you and all items which have been delivered to you must be returned within 7 days. Interest will be charged on overdue sums at the rate of 4% above the base rate from time to time of Barclays Bank plc.
You agree to notify us about any billing problems or discrepancies within 60 days after they first appear on your account statement. If you do not bring them to our attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.
7. Delivery
In addition to the Fees you will also be charged for the delivery costs as shown on our website or otherwise notified to you from time to time. This delivery fee, which will be billed to your credit or debit card along with the Fees, covers both the delivery of the product as well as the subsequent return by you. A prepaid return ticket will be included with each product delivery for you to use in returning the product to us.
The risk of loss or damage for items shipped passes to you upon our delivery to the carrier. If any items are damaged upon delivery you must notify us within 24 hours of this and provide a full description of the damage. If you fail to notify us in accordance with this clause all damage shall be deemed to be caused by you and you will be responsible for the costs in accordance with clause 8 below.
Delivery time for products you have selected may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, (d) the delivery method selected by you, and (e) other circumstances impacting delivery. We make no guarantees as to actual delivery time and time for delivery of the products to you shall not be of the essence of your contract with us.
8. Return
You must return all products you hire from us on the date notified to you for return of the products. Your hire period starts on the day your bag is shipped. In any event, the maximum duration for a consecutive period of hire for the same product will be three (3) months.
For returns by post you must ensure the product reaches us by the due date for return. For returns by courier or other collection methods you must send us an e-mail at least 48 hours prior to the return day and we will arrange for collection from your chosen UK address.
It is your responsibility to ensure the product is packed carefully and securely. You remain fully responsible for the product until it is received back by us.
If you fail to return a product to us by the due date for return notified to you we will charge you Fees for a further period of hire which shall be the same length of time as the original hire period. In the event that the product has not been returned within a total period of 3 months from the date it was first sent to you we reserve the right to treat the product as lost and charge your credit or debit card with the full Replacement Fee (as detailed below). Late return Fees and/or replacement fees will not be refunded if you then return the product to us.
All our products are authentic designer products and are provided to you in either new or "like new" condition. If you lose a product or return a product to us in a damaged or dirty condition that exceeds normal wear and tear (as determined by us in our sole discretion) you agree that we will charge you a fee (“Replacement Fee”) for such product as follows: -
Silver Lining Collection: £200-£500
Cloud 9 Collection: £501-£1,000
If we determine, in our sole discretion, that the product returned is capable of repair or restoration to its original condition, we may charge you a lesser amount than the relevant Replacement Fee to cover the cost of such repair or restoration.
The Replacement Fee or repair costs will be debited from your credit/debit card.
9. Retention of Title
Products that are hired to you will remain at all times our property. When you hire a product from us, you agree that you will not re-sell such products supplied to you by us, nor make them available for hire or otherwise allow any unauthorised or illegal use to occur.
10. Your use of the Site
Unless otherwise specified, the Site is made available to you for your personal and non-commercial use but subject to these Terms of Use. We reserve the right to refuse orders from businesses that we consider are for commercial or non-domestic purposes. handbagsfromheaven grants you a limited license to access the Site solely for that purpose. 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, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without the express written consent of handbagsfromheaven. Any and all unauthorised uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
11. Liability
The Service (including the products provided under the Service or purchased through the Site), and the Site and its contents, are provided "as is". We make no representations or warranties of any kind with respect to the Service, products provided with or sold by the Service, the Site, or any contents therein. We assume no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, any failures, delays, or interruptions in the shipment of products, delivery of any products, any losses or damages arising from the use of the products or content provided on the Site, goods or services provided by us, or any conduct by users of the Site. We reserve the right to refuse to ship products in our sole discretion. To the fullest extent permitted by law we expressly disclaim all representations and warranties relating to the Service, the products, and the Site, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement. In addition, we do not represent or warrant that the information on or accessible via the Site or through the Service is complete or current.
We will not be held liable for any indirect or speculative damages (including but not limited to consequential, incidental and special damages) including, without limiting the foregoing, loss of use regardless of whether the parties had advance notice of the possibility of such damages. Our total liability to you for any claim arising out of or relating to the Service, the products, the Site or these terms of use, whether in contract or tort, will not exceed the amount paid to us for the Fees.
You agree that you will be responsible for any losses or costs we suffer resulting from your breach of this agreement. You agree to indemnify and hold us harmless from any loss, liability, claim, or demand, including reasonable lawyers fees, made by any third party due to or arising out of your use of the Service in breach of these Terms of Use and/or arising from a breach of these Terms of Use.
12. Termination
You agree that we at our discretion, may terminate your membership, your password, your account with us, or your use of the Service or the Site, for any reason, including, without limitation, for lack of use, failure to promptly pay any sums due or if we believe that you have breached these Terms and conditions. Also, we may, at our reasonable discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your account and all related information from your account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.
In the event of termination of your membership and/or account howsoever caused you will have seven (7) days from the date of such termination to return to us all products that you have hired and pay any outstanding charges for lost or damaged products. If you fail to return such product(s) or make such payment within seven (7) days, we reserve the right to charge you a Replacement Fee for each of the outstanding products and all outstanding fees will be automatically billed to your credit or debit card without further notice.
13. Governing Law
These Terms of Use are governed in all respects by the laws of England and Wales.
14. General
By using the Site or the Service, you consent to receiving electronic communications from us. These communications will include notices about your account (e.g., delivery and receiving e-mails and other transactional information) and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We are excused for any failure to perform to the extent that our performance is prevented by any reason outside of our control.
These Terms and Conditions of Use comprises the entire agreement between you and us and supersede all prior agreements between the parties regarding the Services.
You may not transfer any of your rights under these Terms of Use to any other person. We may transfer our rights under these Terms of Use to another business where we reasonably believe your rights will not be materially and adversely affected.
Except as expressly provided for above, nothing in these Terms of Use confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
15. Your Right to Cancel
You have the right to cancel the contract for hire made with us at any time up to the end of seven (7) days after you have placed your order. To exercise your right to cancel the contract you must give written notice to us and you must immediately return all products. No refunds are given and you will be charged for any damage to the products.
16. Territory
We only cover orders and shipping within the United Kingdom.
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