Terms and Conditions


Terms and Conditions

Welcome to the Terms and Conditions that form the contract between each customer and Borrow from Bagsy.  All of our customers are required to take careful note of and abide by the Terms and Conditions set out below.  All customers should read and understand these Terms and Conditions before using the Service.  We have written these Terms and Conditions with the intention of making them as clear and as reasonable as possible, while delivering a valued and reliable service to the customer.  If you have any questions or clarifications in relation to any of the Terms and Conditions set out below, please do not hesitate to contact us and we will happy to assist you.   In these Terms and Conditions, all references to “we”, “us” and “Bagsy” refer to Borrow from Bagsy LLP with partnership number OC415475.  All references to “you”, the “user”, or “users” refer to you as the customer of Borrow from Bagsy LLP. 

The following Terms and Conditions apply to all rentals from Borrow from Bagsy.  All activities by Bagsy and customers in relation to any consignment or other sales of items through the Site are also subject to the terms of the Consignment Agreement available on the Site (the “Consignment Agreement”), the terms of which are incorporated into these Terms and Conditions where applicable (where there is conflict between the Consignment Agreement and the Terms and Conditions, the terms of the Consignment Agreement shall prevail). 

  1. Acceptance of Terms: These Terms and Conditions govern your use of the Bagsy website located at www.borrowfrombagsy.com (the “Site”) and all services and products offered by Bagsy (the “Service”).  By using the Service or browsing the Site, you accept and agree to abide by all of the following Terms and Conditions and these Terms and Conditions and any modifications made to them from time to time shall be deemed to apply to all customers.  These Terms and Conditions constitute a binding legal agreement between you and Bagsy. 

 

  1. Modifications to Terms and Conditions:  Bagsy reserves the right to modify these Terms and Conditions, including the price, content, or nature of the Service at any time at its sole discretion.  Your use of the Site constitutes your binding acceptance of such modifications to the Terms and Conditions.  If you do not agree to any changes in the Terms and Conditions as they may occur and you are already using the Service, please notify us of your unwillingness to accept the changes to the Terms and Conditions by emailing us at info@borrowfrombagsy.com or via the “Contact Us” page of the Site and by immediately returning all outstanding items and discontinuing your use of the Service and the Site.  By using or continuing to use the Service, visit or browse the Site, or joining the email list, you agree that we shall not be liable to you or to any third party for any modification of the Terms and Conditions. 

 

  1. The contract for renting a handbag between you and Bagsy: The display of items for hire or sale on the Site does not constitute an offer for the purposes of contract law but only an invitation to treat.  By placing an order and making payment for it on the Site you agree to these Terms and Conditions, which should be read in conjunction with and to incorporate the FAQs page on the Site and the Privacy Policy page on the Site.  If there is any conflict between the Terms and Conditions, the FAQs and the Privacy Policy, the Terms and Conditions shall prevail.  By completing and submitting the electronic order form (or proceeding fully through the checkout process) you are making an offer to purchase goods which, if accepted by us via the email confirming that your order is on its way, will result in a binding contract.  Neither submitting an electronic order form, nor receiving an automated email from us thanking you for your order, nor completing the checkout process constitutes our acceptance of your order.  You will only receive the confirmation from Bagsy that your order is on its way once your order has been reviewed by Bagsy.  Bagsy taking payment from the customer's credit card does not indicate acceptance of the contract and nor does the automated confirmation of payment which you receive immediately after placing your order.  Although a payment card may be debited before the contract is formed, if your order is not accepted by Bagsy, a full refund will be made to you as soon as reasonably practicable.

 

  1. The Service:

 

  1. Service provided: The Service allows customers aged over 18 living in the United Kingdom to use the Service and buy or hire bags from Bagsy in accordance with these Terms and Conditions.  By using the Site or by using the Service you accept and agree to comply with any terms, conditions, or policies that Bagsy may provide to users of the Site and Service from time to time via the Site or by other means of communication to you.  You are able to hire bags subject to availability.  Subject to credit checks and payment of the hire amount, your chosen product will be shipped to the address that you provide.
  2. The status of the Terms and Conditions: These Terms and Conditions (as supplemented by the FAQs page on the Site and the Privacy Policy page on the Site) form the terms and conditions of the contract for the Service, provision of a hired product or a purchase of goods (as applicable) between you and Bagsy.  Where you have entered into a contract for the hire of a product listed on the Site, the duration of the contract shall be the full rental period for the bag for which you have placed an order, as confirmed by Bagsy’s email notifying you that your order is on its way.  The minimum duration of the contract between Bagsy and you is the full rental period, except in circumstances where you invoke the cancellation or refund clauses within these Terms and Conditions to terminate the contract earlier, in which case the contract will be terminated as soon as the conditions in the relevant clause have been met and the hired product has been returned to and received by Bagsy and any payments due have been paid by you.   
  3. Authorisation Deposit and credit checks: When you place an order, we reserve the right in our absolute discretion to determine whether your payment card is pre-authorised to accept a minimum charge equal to the full retail value of the product ordered.  In the event we believe the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding bags and/or that you provide a second valid credit card before continuing to use the Service.  We may contact you for additional information in order to complete a credit check. We also reserve the right to cancel your order and/or require a deposit. If you do not wish to have a credit check performed, please contact info@borrowfrombagsy.com and we can cancel your order. When determining whether your payment card is pre-authorised to accept a charge equal to the full retail value of the product ordered, typically an initial authorisation for £1.00 is processed; this is to verify the validity of the card. There will then be a second authorisation for the actual amount of the hired product order less £1.00.  Once the order has gone through and shipped, only the actual amount of the hired product order and any applicable taxes/fees will be charged. In the event an order is cancelled, the funds authorised are released by Bagsy and timing for receiving your funds back are then subject to the rules of your financial institution.  Bagsy further reserves the right to limit the number of items that you may borrow at any time and/or to require the return of any or all borrowed items in your possession in the event you fail to make required payments on time or in the event other factors arise which, in our sole discretion, increase the risk of non-timely payment by you of any amount owing or future penalty amounts which shall be payable in the event that a hired product is not returned by the date due.
  4. Penalties for late return: If a hired product is not returned to Bagsy by the date stipulated by email upon confirmation of your order, a daily penalty fee will be chargeable for every calendar day that passes after day that the hired product was due back at Bagsy (the “Penalty Fee”).  The Penalty Fee chargeable will be calculated as the pro rata daily equivalent of the current borrowing rate multiplied by 2 in respect of each day after the agreed rental period that the hired product has not been returned and received by Bagsy.  The current monthly borrowing rate for the hired product will be included in the detail of the relevant product page on the Site.
  5. Shipping policies: Please note that the delivery time for products you have selected to borrow may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery.  Accordingly, Bagsy makes no guarantees as to actual delivery time.  Bagsy will send you an email letting you know when your bag has been despatched. The rental period begins the date on which Bagsy ships the product.  A shipping confirmation email will be sent to you on this date. 
  6. Risk of loss of the product: The risk of loss for items shipped passes to you upon delivery to you of the hired product.  All confirmed deliveries are your sole responsibility as the recipient.  If you are unable to locate a confirmed delivery, you are required to contact Bagsy immediately to place a tracer investigation with the shipping provider and to temporarily suspend the borrowing period. All tracers take at least 8-12 business days to complete and until the results of the investigation are received, we are not able to proceed with the resolution of a lost item. 
  7. Excessive damage, theft or loss: In the unlikely event that you lose the hired product or return the hired product with excessive or abusive damage exceeding normal wear and tear, as determined by Bagsy in its sole discretion, you agree that Bagsy may charge your credit card and collect the full retail price.  In the unlikely event of a theft or loss of an item during your rental period, you will be responsible for the full retail price and an additional monthly rental fee immediately upon notification of the theft or loss of the item, and you agree that in such cases these amounts may be charged by Bagsy to your credit card. Where payment has not been received for the full retail price of the lost or stolen item, once the rental period has ended, Penalty Fees will be applicable and will continue to accrue until the payment is received in full. 
  8. Refusal of Future Business: Bagsy reserves the right to refuse to continue to offer its Services to any customer at any time for any reason, including if we notice excessive damage or abuse to hired products or frequent instances of loss of the hired products.
  9. Right to Cancel order prior to delivery: Bagsy reserves the right to cancel any order at any time prior to delivery to the customer.  In the event an order is cancelled, the funds authorised or charged will be released by Bagsy and will be refunded to you once processed by the payment processing entity and financial institution involved.

 

  1. Customer representations: By placing an order to use the Services, you, as the customer, hereby represent and acknowledge that:
    1. By placing an order as a customer through the Site you give us permission to obtain credit checks or credit information from consumer credit-reporting agencies on you and we reserve the right to perform this at any time you request a rental of any hired product available to hire on the Site.
    2. You are (and acknowledge that to use the Service you must be) 18 years of age or older and resident in the UK or Northern Ireland.
    3. You agree to provide true, accurate, current and complete information about yourself where prompted by the Site and you agree to maintain and promptly update any information provided 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 at our discretion suspend or terminate the Service to you with immediate effect and to refuse to offer you any and all current or future use of the Service and the Site.
    4. Your credit card limit is sufficient or you otherwise have sufficient funds to immediately reimburse us for the retail price of the bag in the event it is lost or irreparably damaged and unsuitable for hire (in our sole opinion).
    5. You are responsible for maintaining the confidentiality of your customer account on the Site (“your Account”) and password and for restricting access to your computer.
    6. You are solely responsible for any activity related to your Account. If you suspect any unauthorised use of your Account, please notify us immediately. 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 recognise you as the Account holder and allow you to more easily access your Account.
    7. You will take reasonable care of any hired products and only use them for their proper purpose in a safe and correct manner and notify Bagsy immediately after any loss and/or damage to the hired product;
    8. You will take adequate and proper measures to protect the hired product from theft, damage and/or other risks;
    9. You will notify Bagsy of any change of your address and upon Bagsy’s request, provide details of the location of the hired product and permit Bagsy at all reasonable times to inspect the hired product including procuring access to any property where the hired product is situated.
    10. You will keep the hired product at all times in your possession and control and you shall not remove the hired product from the United Kingdom without the prior written consent of Bagsy;
    11. You will not do or omit to do anything which will or may be deemed to invalidate any policy of insurance related to the hired product, nor will you pledge, charge or create any form of security over any hired product (for the avoidance of doubt, title to the hired product remains with Bagsy at all times);
    12. You will not continue to use the hired product where it has been damaged and will notify Bagsy immediately if the hired product is involved in an accident resulting in damage to it, other property and/or injury to any person; 
    13. You acknowledge that the hired product must be returned to Bagsy in accordance with the instructions and process specified by Bagsy in good and clean condition together with any dust bag and other parts provided with the hired product; and
    14. You shall not clean/repair or attempt to clean/repair the hired product unless authorised to do so in writing by Bagsy.

 

  1. Payment and billing:
    1. When you borrow a handbag from Bagsy (the “hired product”) you will be required to provide Bagsy with accurate, complete and current debit or credit card information for a valid debit or credit card (as applicable) that you are authorised to use.  By signing up for the Service, you authorise Bagsy or its agent to bill your credit card the applicable fees, per-item or borrowing fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service.  The applicable fees will be charged to your credit card on the date your order is placed.  If your hired product is not returned on the due return date agreed when the order was placed, as confirmed by email, Bagsy will charge your debit or credit card for each overdue day, for the cost of the Penalty Fee payable (see above) until a return shipment has been booked by the customer and Bagsy are notified by the shipping company.
    2. If Bagsy does not receive payment from your debit or credit card provider or if your debit or credit card expires or is rejected, you agree to pay all amounts due upon demand.  Bagsy reserves the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies.  Bagsy reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
    3. You are solely responsible for any and all fees charged to your debit or credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees.  You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement.  If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

 

  1. Cancellation, Costs and Refunds:  Bagsy will accept returns, issue refunds and cancellations of orders if the product/item has not been worn/carried, the security tag is attached; AND you post the item back with the correct specified shipping company for return securely wrapped in the packaging provided within 2 days of receipt.
    1. If the security tag is not attached we will not be able to issue a refund and the full hire period fee will be charged. Any bags sent back more than 2 days later will be charged the full hire period fee and will not be applicable for a refund.  A hired product may be returned earlier than the expiry date of your hire period, the charge stands and no prorate or refund will be made for the unused time.  If you are not happy with the hired product and wish to exchange it for something else, please return the handbag within 2 days of receipt with the security tag intact and inform us that you have done so and let us know which bag you would like in exchange.  Bagsy will provide the bag you have requested in exchange subject to availability and provided that the bag has a rental rate equal to or less than the amount paid to Bagsy by you.  If the bag you have requested in exchange is more than the amount you have paid to Bagsy, the difference will become payable to Bagsy before the hired product is sent to you and be charged against your payment card.  If the hired product has a rental rate of less than the amount paid to Bagsy by you, we will refund you the outstanding difference.  Bagsy reserves the right to issue a refund via the original payment method if the requested hired product is unavailable for any reason.   
    2. Provided that you have met the conditions in the paragraph above and informed us in writing that you wish to return the handbag within 2 days of receiving your delivery, you will be entitled to obtain a full refund. Please allow 3 days after the item has arrived at the Bagsy delivery address, in order for us to inspect and process the return. After the return is confirmed valid, the refund will be issued.  Bagsy reserves the right to process a refund within 14 days of a request for a refund unless the order is being disputed.
    3. If you fail to fulfil the Terms and Conditions applicable to cancellation and returns, you will be charged for the full applicable fees and charges for the entire period you booked the hired product for and you will not be entitled to a refund. 
    4. If you wish to cancel your order BEFORE it is delivered, or if you would like more information in relation to any of the Terms and Conditions, please let us know by contacting us via the email address and contact form provided on the website. 
    5. All refunds/credits will only be issued via the original form of payment.

 

  1. Default: If you:
    1. fail to make any payment to Bagsy when due; breach these Terms and Conditions; provide incomplete, materially inaccurate or misleading facts and/or information to Bagsy; have a credit rating that appears to Bagsy in its absolute discretion to be financially inadequate to cover the potential replacement cost of a hired product and any applicable penalty fees due; or are declared bankrupt or face criminal charges or bankruptcy proceedings; you must notify Bagsy in writing and Bagsy shall have the right, without prejudice to any other remedies, to exercise any or all of the right in the sub-clause (b).
    2. If any of the events set out in the paragraph above occurs then Bagsy reserves the right for it or its agents to: demand immediate return of any hired product; withhold the performance of any Service and cease any Service in progress; in the event that the hired product is not returned, impose the penalty applicable to lost or stolen items as set out in these Terms and Conditions; engage a debt recovery agency in order to recover any unpaid amounts due in accordance with these Terms and Conditions, including any costs and expenses incurred as a result of taking such action and by using the Service, you agree that Bagsy can pass your required details on to such an agency for this purpose. 

 

  1. Limitations of Liability: Unless you deal as a consumer within the meaning of s12 of the Unfair Contract Terms Act 1977:
    1. All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law;
    2. All warranties, representations, terms, conditions and duties implied by law in relation provision of the Service and to the use of reasonable care and skill, reasonable time for performance and reasonable consideration shall be excluded from these Terms and Conditions.
    3. You use the hired product at your own risk and by using the Service, you agree to waive any claims against Bagsy for loss or damage to your property.
    4. Any defective hired product must be returned to Bagsy for inspection if requested by Bagsy before Bagsy will have any liability for the defective hired product.
    5. Bagsy shall have no liability to you if any monies due in respect of the hired product and/or the Service have not been paid in full by the due date for payments.
    6. Bagsy shall have no liability for additional damage, loss, claims, costs or expenses caused or contributed to by your continued use of any defective hired product and/or Service after a defect has become apparent or suspected or should reasonably have become apparent to you.
    7. You shall give Bagsy a reasonable opportunity to remedy any matter for which Bagsy is liable before you incur any costs and/or expenses in remedying the matter yourself. If you do not do so, Bagsy shall have no liability to you.
    8. Bagsy shall have no liability to the customer to the extent that its failure to provide the Service is caused by any factor outside its control.
    9. Bagsy shall have no liability to you for any consequential losses (including loss of profits and/or damage to goodwill); economic and/or other similar losses; special damages and indirect losses; and/or business interruption, loss of business, contracts and/or business opportunity.
    10. Bagsy’s total liability to you under and/or arising in relation to these Terms and Conditions and/or the Service shall not exceed the total charge for rental of the hired product ordered by you or the sum of £200 whichever is the higher.
    11. Each of the limitations and/or exclusions in these Terms and Conditions shall be deemed to be repeated and apply as a separate provision for each of the following: (i) Liability for breach of contract; (ii) Liability in tort (including negligence); and/or (iii) Liability for breach of statutory duty; except sub-clause (j) above (regarding total liability) which shall apply once only in respect of all the said types of liability.
    12. Bagsy guarantees that all hired products are authentic luxury products.  Other than this, the Service (including the products provided under the Service or purchased through the Site), and the Site and its contents, are provided "as is"; Bagsy makes 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.  Furthermore, Bagsy expressly disclaims all representations and warranties relating to the Service, the hired products and the Site, including fitness for a particular purpose, merchantability, quality, accuracy, title and non-infringement.  Bagsy does not represent or warrant that the information on or accessible via the Site or through the Service is complete or current.  
    13. Bagsy assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, nor any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the Site, any losses or damages arising from the use of the content provided on the Site, goods or services provided by Bagsy, or any conduct by users of the Site. Bagsy reserves the right to refuse to ship products in its sole discretion.
    14. Bagsy’s liability under these Terms and Conditions and any other terms and conditions applicable to any gift card, offer or promotion is limited to direct, objectively measurable damages. Bagsy, its owners, employees and suppliers will not be held liable for any indirect or speculative damages (including, without limiting the foregoing, consequential damages, incidental damages and special damages), including but not limited to loss of use, business interruptions, or loss of profits regardless of whether the relevant parties had advance notice of the possibility of any such damages. 
    15. Nothing in this Contract shall exclude or limit the liability of Bagsy for death or personal injury due to its negligence or any other liability which it is not permitted to exclude or limit as a matter of law.

 

  1. Privacy and Data Protection: Any information submitted on the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms and Conditions.  Please review our Privacy Policy carefully.  Our Privacy Policy is as follows.  Our policy is to respect and protect the privacy of anyone who visits the Site.  Where we ask you for personal information via an online form, this information will only be used for the purpose indicated and will be held in a secure manner.  It will not be used for any other purpose without your permission and will not be kept for longer than necessary.

 

  1. Contact details If you have any notices, communications or complaints, please contact Borrow from Bagsy LLP, Partnership Number OC415475, using the email address info@borrowfrombagsy.com. For a more immediate response, please do not hesitate to call us on 07958 266 153.  Our office hours are Monday - Friday from 9:00 AM to 5:00 PM.  If you have a concern over the weekend, feel free to leave us a message or give us a call on Monday morning, and our staff will be happy to assist you.

 

  1. Indemnity: You agree to indemnify and hold Bagsy, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your use of the Service in violation of these Terms of Use and/or arising from a breach of these Terms of Use. 

 

  1. Links and Advertising: We may provide, or third parties may provide, links to other Websites or resources that are beyond our control.  We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites.  Bagsy is not responsible for the content of the internet or any pages that are contained outside or beyond the Site.  Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely the responsibility of you and such advertiser or partner.  You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.

 

  1. Intellectual Property Rights: You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Site, the Service and Bagsy, including all HTML and other code contained in this Site, shall remain at all times vested in Bagsy and/or are the property of their respective owners.  All Bagsy graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Bagsy.  Any trademarks not owned by Bagsy that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bagsy.  All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Bagsy, its licensors, or its product suppliers, and is protected by United Kingdom and international copyright laws.  No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.

 

  1. Complaints: If you have any cause for concern or complaint whatsoever, please contact us using the contact form provided on the “Contact Us” page or via email at the address provided on the Site.

 

  1. General: Bagsy’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Service, you consent to receiving electronic communications from Bagsy.  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.  

 

  1. Assignment: You may not transfer any of your rights under these Terms and Conditions to any other person.  We may transfer our rights under these Terms and Conditions where we reasonably believe your rights will not be negatively affected.

 

  1. Governing Law: These Terms and Conditions and the contract between the parties shall be governed by the law of England and Wales and subject to the jurisdiction of the courts of England and Wales. 

 

  1. Severance: If any clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other clauses of these Terms and Conditions will continue in effect.  If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were to be deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted).

 

  1. Entire Agreement: These Terms and Conditions (including where relevant the Consignment Agreement) comprise the entire agreement between you and Bagsy and supersede and extinguish any and all previous agreements between the parties regarding the subject matter contained herein.  In entering into this agreement, you and Bagsy hereby acknowledge and confirm that each does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.  In the event any other rules, code of conduct, or other matter posted on the Site conflicts with the Terms and Conditions, the Terms and Conditions shall apply.  No oral explanation or oral information given by any party shall alter the interpretation of the Terms and Conditions.  Neither Bagsy nor you shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms and Conditions.  Nothing in this clause shall limit or exclude any liability for fraud.