TERMS AND CONDITIONS of hireahandbag.com
1. Acceptance of Terms and Conditions
These Terms and Conditions govern your use of the Hire a Handbag website www.hireahandbag.com (the “Site”) and all Hire a Handbag services (the “Service”). By joining our email list, you acknowledge and represent that you have read and understand these Terms and Conditions and that they become a binding agreement (“Contract”) between you and Hire a Handbag, you agree to receive all communications from Hire a Handbag under this Contract electronically via email, you agree to keep your current email address updated on the Site at all times and you agree that you will be deemed to have received any notice we send to that email address. By visiting or browsing the Site, you accept these Terms and Conditions and any variations made to them from time to time.
2. Variations to Terms and Conditions
Hire a Handbag reserves the right, to change or terminate this Contract at any time. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms and Conditions. If you do not agree to any changes in the Terms and Conditions as they may occur, please arrange to terminate your account by notifying Hire a Handbag of your unwillingness to accept the changes to the Terms and Conditions by emailing firstname.lastname@example.org; and by immediately returning all outstanding Hire Goods and discontinuing your use of the Service and the Site.
3. The Hire a Handbag Service, Risk and Insurance
Title in the Hire Goods remains at all times with Hire a Handbag.
The Service allows registered customers to access the Site and borrow Hire Goods from Hire a Handbag in accordance with these Terms and Conditions. Customers also agree to comply with any terms, conditions, or policies that Hire a Handbag may provide to users from time to time on the Site. The customer can choose Hire Goods to borrow from our on-line selection, and have them delivered to the customer’s address. The borrowing period is one or two weeks, and the customer must contact to arrange a shorter or longer period. We ask for a deposit of £50 for each of the Hire Goods and limit the number of Hire Goods that a customer may borrow at any time to one item, and/or to require the return of any or all Hire Goods in your possession in the event you fail to make required payments on time. The current monthly borrowing rates are stated in detail on the Site. The delivery time for Hire Goods you have selected to rent is aimed to be 2 working days from receipt of order, but may vary based upon availability, your delivery address, when you place an order, and any other circumstances affecting delivery. Accordingly, Hire a Handbag accepts no responsibility for late delivery time. We will send you an email letting you know when your Hire Goods have been despatched. The borrowing period begins on the earlier of the date of Royal Mail’s delivery scan, or 7 days after despatch date. We will send you pre-paid return stamps which is included in the price for rental. The risk of loss for Hire Goods despatched passes to you when they leave our physical possession or control. All Royal Mail confirmed deliveries are the sole responsibility of the recipient. If you are unable to locate a confirmed delivery, you are required to contact Hire a Handbag immediately to request them to make a claim to Royal Mail and to temporarily suspend the borrowing period. All claims take up to 30 days to complete and until the results of the investigation are received, we are not able to proceed with the claim for lost Hire Goods.
Customers will not be charged for normal wear and tear of Hire Goods, but we strongly advise you to hold valid home contents insurance and to notify your insurer before hiring Hire Goods. However, if you return any Hire Goods soiled and/or with damage exceeding normal wear and tear, as determined by Hire a Handbag at its sole discretion, you agree that Hire a Handbag may charge your credit card and collect a replacement fee for such Hire Goods. The Hire Goods replacement fee varies depending on the nature of each bag or other Hire Goods and is disclosed to you at the time of borrowing. Also this does not cover the theft or loss of any Hire Goods and you will be responsible for the full retail price of the Hire Goods immediately if this occurs. Rental fees will continue to accrue until the payment is received in full. Also Hire a Handbag reserves the right to close your account at any time if we notice several cases of excessive damage to the Hire Goods you have rented.
If the item delivered is not the item intended, does not match the description or quality expected, you should contact Hire a Handbag immediately and return the Hire Goods received.
4. Becoming a Customer and opening an Account
Before you can begin use of the Service, you must register through the Site to obtain an account. By registering as a customer through the Site you give us permission to obtain credit information from consumer credit-reporting agencies and we reserve the right to perform this at any time you request a rental of Hire Goods. You must be 18 years of age or older and resident in the UK or Northern Ireland to register as a customer and use the Service.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (“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 at our discretion suspend or terminate your Account and refuse to offer you any and all current or future use of the Service and the Site.
You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer.
You are solely responsible for any activity related to your Account. If you suspect any unauthorised use of your Account, please 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 recognise you as the Account holder and allow you to more easily access your Account.
When you join as a customer you will be required to provide Hire a Handbag with accurate, complete and current credit card information for a valid credit card that you are authorised to use. By signing up for the Service, you authorise Hire a Handbag or its agent to bill your credit card for the applicable borrowing fees, delivery invoice charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. Other fees will be charged to your credit card as you incur them.
If Hire a Handbag does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services and you authorise Hire a Handbag to charge outstanding fees and other amounts due us against any credit card you have on file with us. Hire a Handbag reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. Hire a Handbag reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
You are solely responsible for any and all fees charged to your 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 invoice problems or discrepancies within 30 days after they first appear on your Account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies.
We may very the price, content, or nature of the Service at any time. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site. Upon users becoming a customer, that registration continues indefinitely until terminated. Hire a Handbag or the customer can terminate at any time at their discretion.
We reserve the right to determine whether your credit card(s) is/are pre-authorised to accept a minimum charge equal to each Hire Goods rental. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding Hire Goods and/or that you provide a second valid credit card before continuing to use the Service.
7. Care of Hire Goods
7.1 The Customer shall;
7.1.1 take reasonable care of Hire Goods and only use them for their proper purpose in a safe and correct manner and notify Hire a Handbag immediately after any loss and/or damage to the Hire Goods;
7.1.2 take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;
7.1.3 notify Hire a Handbag of any change of its address and upon Hire a Handbag’s request, provide details of the location of the Hire Goods and permit Hire a Handbag at all reasonable times to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated.
7.1.4 keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the United Kingdom without the prior written consent of Hire a Handbag;
7.1.5 not do or omit to do anything which will or may be deemed to invalidate any policy of insurance related to the Hire Goods;
7.1.6 not continue to use Hire Goods where they have been damaged and will notify Hire a Handbag immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person; and
7.2 The Hire Goods must be returned by the Customer in good and clean condition (fair wear excepted) together with all insurance policies, licences, registration and other documents relating to the Hire Goods.
7.3 The Customer must not clean/repair or attempt to clean/repair the Hire Goods unless authorised to do so in writing by Hire a Handbag.
8. Loss of Damage to the Hire Goods
8.1 If the Hire Goods are returned in a damaged, unclean and/or defective state except where due to fair wear the Customer shall be liable to pay Hire a Handbag for the cost of any repair and/ or cleaning required to return the Hire Goods to a condition fit for re-hire and the Rental until such repairs and/or cleaning have been completed. This will also include the costs incurred in sending the Hire Goods to the manufacturers for any further repairs.
8.2 The Customer will pay to Hire a Handbag the replacement cost on a new for old basis of Hire Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period.
8.3 The Customer shall also pay to Hire a Handbag the Rental until Hire a Handbag has been paid the amount representing the replacement cost of such Hire Goods.
8.4 The Deposit is held against the Hire Goods and, without prejudice to any other enforcement action that Hire a Handbag may take, will be processed in the event that the Hire Goods are not returned (which will be assumed if the Hire Goods have not been returned within 7 days of the end of the agreed period of hire or in the event that damage occurs to the Hire Goods
9. Termination by Notice
Subject as otherwise stated in these Terms and Conditions:
9.1 If the agreed period of hire has a fixed duration neither the Customer nor Hire a Handbag shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.
9.2 If the agreed period of hire does not have a fixed duration either the Customer or Hire a Handbag is entitled to terminate the Contract upon giving to the other party any agreed period of notice.
9.3 If no period of notice has been agreed or specified the Customer may terminate the Hire Period by the physical return of the Hire Goods and Hire a Handbag shall be entitled to terminate the Hire of the Hire Goods by giving not less than 7 days notice to the Customer.
10.1 If the Customer:-
10.1.1 fails to make any payment to Hire a Handbag when due;
10.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 7 days of receiving notice requiring the breach to be remedied;
10.1.3 persistently breaches the terms of the Contract;
10.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
10.1.5 pledges, charges or creates any form of security over any Hire Goods, or ceases or threatens to cease to carry on business, or proposes to compound with its creditors, applies for an interim moratorium in respect of claims and/or proceedings or has a Bankruptcy Petition presented against it, or being a company, enters into voluntary or compulsory liquidation, has a receiver, administrative receiver appointed over all or any of its assets, any attachment order is made against the Customer or any distress, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction;
10.1.6 appears to Hire a Handbag due to the Customer’s credit rating to be financially inadequate to meet its obligations under the Contract; and/or
10.1.7 appears responsibly to Hire a Handbag to be about to suffer any of the above events then Hire a Handbag shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 10.2 below.
10.2 If any of the events set out in clause 10.1 above occurs in relation to the Customer then:-
10.2.1 Hire a Handbag may forfeit the Deposit
10.2.2 Hire a Handbag may enter, without prior notice any premises of the Customer (or premises of third parties with their consent) where Hire Goods owned by Hire a Handbag may be and repossess any Hire Goods;
10.2.3 Hire a Handbag may withhold the performance of any Service and cease any Service in progress;
10.2.4 Hire a Handbag may cancel, terminate and/or suspend without liability to the Customer the Contract and/or any other contract with the Customer; and/or
10.2.5 all monies owed by the Customer to Hire a Handbag shall immediately become due and payable.
10.3 Any repossession of the Hire Goods shall not affect Hire a Handbag’s right to recover from the Customer any monies due under the Contract and/or any damages in respect of any antecedent breach.
10.4 Upon termination of a contract the Customer shall immediately:
10.4.1 return the Hire Goods to Supplier or make the Hire Goods available for collection by Hire a Handbag as requested by Hire a Handbag; and
10.4.2 pay to Hire a Handbag all arrears for rentals and/or any other sums payable under the Contract.
10.5 The Customer acknowledges that Hire a Handbag may 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 the Customer agrees that Hire a Handbag can pass its details on to such an agency for this purpose.
11. LIMITATIONS OF LIABILITY
11.1 Unless the Customer deals as a consumer within the meaning of s12 of the Unfair Contract Terms Act 1977:
11.1.1 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.
11.1.2 All warranties, representations, terms, conditions and duties implied by law in relation provision of Services and to the use of reasonable care and skill, reasonable time for performance and reasonable consideration shall be excluded from this Contract.
11.2 If Hire a Handbag is found to be liable in respect of any loss or damage to the Customer’s property the extent of Hire a Handbag’s Liability will be limited to the retail cost of the replacement of the damaged property.
11.3 Any defective Hire Goods must be returned to Hire a Handbag for inspection if requested by Hire a Handbag before Hire a Handbag will have any Liability for defective Hire Goods.
11.4 Hire a Handbag shall have no Liability to the Customer if any monies due in respect of the Hire Goods and/or the Service have not been paid in full by the due date for payments.
11.5 Hire a Handbag shall have no Liability for additional damage, loss, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Hire Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.
11.6 The Customer shall give Hire a Handbag a reasonable opportunity to remedy any matter for which Hire a Handbag is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so Hire a Handbag shall have no liability to the Customer.
11.7 Hire a Handbag shall have no liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against Hire a Handbag.
11.8 Hire a Handbag shall have no liability to the customer to the extent that its failure to perform is presented by any reason outside its control.
11.8 Hire a Handbag shall have no liability to the Customer for any:-
11.8.1 consequential losses (including loss of profits and/or damage to goodwill);
11.8.2 economic and/or other similar losses;
11.8.3 special damages and indirect losses; and/or
11.8.4 business interruption, loss of business, contracts and/or business opportunity.
11.9 Hire a Handbag’s total Liability to the Customer under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Rental and charges for Services (if any) under that Contract or the sum of £200 whichever is the higher.
11.10 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:
11.10.1 Liability for breach of contract;
11.10.2 Liability in tort (including negligence); and/or
11.10.3 Liability for breach of statutory duty; except clause 11.9 above which shall apply once only in respect of all the said types of Liability.
11.11 Nothing in this Contract shall exclude or limit the Liability of Hire a Handbag 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.
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.
13. Your communications
We are free to use any comments, information, ideas, concepts, reviews, or photographs or any other material contained in any communication you may send to us including, without limitation, responses to questionnaires or through postings on message boards on the Site without further acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing and creating, modifying or improving the Site and the Service.
14. Contact details
Hire a Handbag
Address: Flat 4, 40 Stratford Road, London, W8 6QA