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Terms and Conditions

IBAGZY
Northern Ireland
TERMS AND CONDITIONS
October 2018

OUR TERMS

1.0  THESE TERMS

1.1  These are the terms and conditions on which we supply products to you (the “Products”), Products may include goods, being goods which can be purchased from us on our website (the “Goods”) or services, being the rental service whereby we may provide you with designer handbags, hats, belts, on a rental basis (the “Rental Products”).

1.2  Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2.0  INFORMATION ABOUT US AND HOW TO CONTACT

2.1  We are “IBAGZY” a Northern Ireland based online company. You can contact us by writing to us at ibagzy@gmail.com

2.2  If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.3  When we use the words “writing" or "written" in these terms, this includes emails.

3.0  BEFORE YOUR ORDER IS ACCEPTED

3.1  By agreeing to these terms and conditions, you give us permission to obtain credit information from consumer credit reporting agencies before we accept your order. These checks may take up to three working days.

3.2  Before renting a Rental Product you will be required to register with us by completing the ‘Registration Form’ which will be emailed to you and attaching two forms of identity as detailed in clause 3.8. We will endeavour to respond within 48 hours to confirm the information is acceptable and you can proceed with a rental.  YOU WILL NOT BE ABLE TO PROCEED WITH A RENTAL BEFORE CONFIRMATION IS RECEIVED.

3.3  Rental Products will be rented to you for an agreed period of time (the “Rental Period”). Rental will be made on a 5-day basis. Please message us through Instagram or Facebook or email to ibagzy@gmail.com to enquire about available dates and we will advise you accordingly. In no circumstances will any Rental Period exceed a period of 28 days.

3.4  The 5-day Rental Period will commence on the date chosen (the “Request Date”). The Rental Product should be delivered to you on your first day of rental by Royal Mail or by our courier service between 9am and 5pm on this day. On the final day of your Rental Period (the "Return Date" day 5) the Rental Product must be packaged in its original packaging and put into the return envelope provided and taken to the Post Office before the last collection. We will email you a return postage label on the day before your return is due which should be fixed to your parcel. Please obtain a proof of receipt for this. If we have arranged with you for our courier service to collect the bag this will be between 9am and 5pm on your last day of rental (the “Return Date”). The Return Date will be confirmed to you upon acceptance of your order.

3.5  Upon acceptance of your order you will also be provided with confirmation of the daily rate that will be payable by you should the Rental Product not be returned on the Return Date (the “Daily Rental Fee”). This will initially be the daily rate for the rental of the Rental Product but if this exceeds 5 days then you will be responsible for the full replacement value as detailed under the Rental Product details.

3.6  As proof of delivery and collection, a signature will be required by our courier service. The identity of the signatory will not prejudice the passing of risk in accordance with clause 12.

3.7  In relation to Goods we will require you to provide your current address.

3.8  In relation to Rental Products we will require you to provide to us proof of your address and identification in order for us to validate your identity. In that regard you will be required to provide the following documents BEFORE placing an order:

3.8.1  Valid UK driver’s licence or passport; and

3.8.2  Utility bill or bank statement issued within the last three months and to the person and address noted in 3.8.1. The address you provide under this clause 3.7 or 3.8 must be a UK postal address. Any Products you purchase will be delivered to this address unless you notify us of an alternative address which is agreed by us prior to the dispatch of the Product (the “Delivery Address”).

3.9  We will only accept your order for Rental Products once the checks referred to in clause 3.1 and 3.8 have been completed to our satisfaction.

3.10  In relation to the Rental Products we reserve the right to require further proof of identification and age before accepting any orders and/or validating your identity.

3.11  In relation to all Products if the issuer of your payment card refuses to authorise payment to us or you fail to provide adequate proof of identity to our satisfaction or any credit search is not to our complete satisfaction, we will not be liable for any delay or non-acceptance of orders.

4.0  WAITLIST

    4.1   Please note that some Products which appear on our website may be on ‘Waitlist’ which means that they are currently unavailable. If you should wish to order one of these Products please send us an email through the ‘Contact Us’ section of the website or by ibagy@gmail.com with the date you require the Product (the “Request Date”) and Rental Period and we will advise you on the status of the Product.

    We will endeavour to acquire the Product or suggest a similar option if at all possible but in all cases we will advise you accordingly.

    4.2   Please keep checking the website as Products will go on and off the Waitlist and other Products may arrive. These will be shown on our website as well as highlighted on our social media platforms.

    5.0  OUR CONTRACT WITH YOU

      5.1  Once a booking has been made, the confirmations at clause 3 have been made and payment confirmed a contract will come into existence between you and us.

      5.2    We reserve the right to refuse to supply Products to you for any reason. If we are unable to accept your order, we will inform you of this in writing and will not charge you. This might be because the Products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Products or because we are unable to meet a delivery deadline you have specified.

      5.3  Our website is solely for the promotion of our Products in Northern Ireland. Unfortunately, we do not accept orders from addresses outside this.

      5.4   This service is only available to persons over the age of 18 years old who are NI residents.

      6.0  PRODUCTS

        6.1  The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

        6.2   All Products are genuine and will reach you in new or as new condition or priced accordingly. 

        6.3   All Products are security marked and photographed on the day of packaging by us before delivery to you and Rental Products will be photographed again on receipt by us to enable us to maintain our Products and services to a very high standard. 

        6.4       For Goods to be purchased under the pre-rented section of our website all relevant information will be detailed along with up to date images. However if you should have any further queries please send us an email under the ‘Contact Us’ section and we will respond accordingly. If you are not happy when you receive the Goods you have 14 days to change your mind from the date of receipt of the Goods. Please note that if you should decide to return any Goods you will be responsible for the return postage to us and we must be in receipt of the Goods within the 14 day period for a refund to be issued.

        6.5       All prices are in pounds (£) sterling, inclusive of UK VAT (where applicable).

        7.0  YOUR RIGHTS TO MAKE CHANGES

          7.1       If it is possible we will let you know about any changes to the price of the Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 15 - Your rights to end the contract).

          8.0  OUR RIGHTS TO MAKE CHANGES

            8.1       We may make changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.

            9.0  PROVIDING THE PRODUCTS

              9.1       The Rental Price for each bag is outlined on our website. You will be entitled to order one Rental Product at any one time (unless otherwise agreed with us in writing). Please see individual pages of our website for information on the Rental Price applicable for each individual Product. Rental Prices are exclusive of the Delivery Charge (as defined in clause 9.2 below.

              9.2       Shipping costs (the “Delivery Charge”) will be added on checkout at a cost of £18. For the Rental Products, the Delivery Charge, which will be charged to your credit or debit card, covers both the delivery of the Rental Product as well as the subsequent return by you. Full transit insurance for the Product up to its replacement cost is included in the Delivery Charge.

              9.3       All Goods sold are in new or gently used condition. Some of the Goods may have been rented previously and will have elements of wear and tear. If you require more information please contact ibagzy@gmail.com and we will endeavour to answer all your questions.

              9.4       You may rent Rental Products for continuous successive Rental Periods, but the maximum Rental Period for which you may borrow any Rental Product will be 28 days unless previously agreed by us.

              9.5       As per clauses 10.4 and 12.2 any Rental Product is deemed by us to be in the care of the customer (whose deliver we have validated as per clause 3.6) from when the Rental Product leaves the courier’s physical possession until it is back in the courier’s physical possession and is confirmed as safely received by us.

              9.6       Rental Products which are ordered for shipping on advance Request Dates will be reserved for you for the relevant Rental Period.

              9.7       We shall arrange delivery of the Products to the Delivery Address via our courier and we will make all reasonable efforts to deliver the Products within the time specified but cannot guarantee that such times will be met so please bear this in mind when you are placing your order.

              9.8       When the Product is shipped you will receive an email notifying dispatch to the email address you provided when you placed your order.

              9.9       You SHOULD ENSURE that someone is available at the Delivery Address to take receipt of the Products. If you have arranged collection and there is no-one at your designated address when our courier arrives, you may incur extra costs for re-collection. 

              9.10     If after a failed delivery to you, you do not re-arrange delivery, we may end the contract and clause 17.2 will apply. 

              9.11     If the Products delivered are not what you requested, or have defects which you have not been advised of, you shall advise us by email or phone within 4 hours of signed for receipt and we will advise you of next steps accordingly. 

              9.12     If the Products have been damaged in transit, you must call us within 4 hours of signed for delivery of the Products to you. If you fail to notify us of any damage within 4 hours of delivery then the Products shall be deemed to have been delivered in good condition. 

              9.13     We will endeavour to ensure that the Rental Products are sent to you in either new or as new condition (clean with no obvious tears, scratches or extreme wear) and in the condition as outlined in their description on our website. 

              1. RETURNING THE RENTAL PRODUCTS 

              10.1     You must return all Rental Products on the Return Date. 

              10.2     When the Rental Period is ending, or you are ready to return the Rental Product (whichever is the earliest), you shall package the Rental Product in the packaging provided by us including the box and dust bag provided and return the Rental Product in the postal bag included in your delivery. You MUST use best endeavours to ensure that the Rental Product has been properly and adequately packaged to ensure the bag is not damaged in transit. You MUST take your Rental Product to a Post Office on your last day of rental (the "Rental Date" - day 5) before last collection and obtain a proof of receipt. If it is being collected by our courier service, the Rental Product will be collected from your designated address between 9am and 5pm on the last day of rental (the "Rental Date"- day 5).

              10.3     A charge of £20.00 will apply for the failure to return the dust bag.

              10.4     AS PER CLAUSE 12.2 PLEASE NOTE THAT THE RISK IN RENTAL PRODUCTS REMAINS WITH YOU AND YOU WILL BE RESPONSIBLE FOR THE RENTAL PRODUCTS FROM THE TIME THEY LEAVE OUR COURIER’S PHYSICAL POSSESSION (I.E ON DELIVERY) UNTIL THEY ARE BACK IN OUR COURIER’S PHYSICAL POSSESSION (I.E ON COLLECTION) AND THEY CONFIRM SAFE RECEIPT TO US.

              10.4.1  In the event that the Rental Products have not been returned on the Return Date we shall:

                10.4.2  reserve the right to refer the matter to a debt collection agency and you will become liable for all costs incurred in enforcing the provisions of these terms and conditions; and

                  10.4.3  charge the Daily Rental Fee per day until such time as the Rental Products are received by us; and/or

                    10.4.5  charge the full replacement cost on a new for old basis of the Rental Products; and/or

                      10.4.6  invoice you for the full amount of any fees or payments due under these terms and conditions.

                      11.0  FORCE MAJEURE

                      11.1     If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

                      12.0  RISK

                        12.1     Risk in the Products will pass immediately to you when they leave our courier’s physical possession or control (i.e upon delivery).

                        12.2     Risk in the Rental Products will not pass back to us from you until the Rental Products are back in our courier’s physical possession (i.e upon collection).

                        12.3     Title in the Rental Products remains at all times with us. You have no right, title or interest in the Rental Products except that they are rented to you.

                        12.4     Title in any Goods will remain with us until all monies payable to us by you for the Goods have been paid in full.

                        12.5     You must not deal with the title or any interest in the Rental Products. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exerting a lien and/or lending.

                        12.6     We strongly recommend that you insure the rental products to its full replacement cost. We would strongly recommend that you advise your insurance company under your household insurance policy so that any loss or damage is covered accordingly. You should ensure that your insurance provider is notified before your rental period commences.

                        13.0  RENTAL PRODUCTS – CARE

                          13.1     You shall:

                          13.1.1  take reasonable care of Rental Products and only use them for their proper purpose in a safe and correct manner and notify us immediately after any loss and/or damage to the Rental Products;

                          13.1.2  take adequate and proper measures to protect the Rental Products from theft, damage and/or other risks;

                          13.1.3  not do or omit to do anything which will or may be deemed to invalidate any policy of insurance related to the Rental Products; and

                          13.1.4  not continue to use Rental Products where they have been damaged and will notify us immediately if the Rental Products are involved in an accident resulting in damage to the Rental Products.

                          13.2     The Rental Products must be returned by you in the condition as you received them. These will be checked on receipt by our team and photographs will be taken. An email will be sent to you to confirm that everything is in order. All Rental Products are security marked and those will also be checked upon return.

                          13.3     You must not repair or attempt to repair the Rental Products unless authorised to do so in writing by us.

                          13.4     You are advised to follow the care guide which will be included with every Rental Product.

                          14.0  RENTAL PRODUCTS - LOSS OR DAMAGE

                            14.1     All Rental Products are genuine brand designer items and will be provided to you in either new or as new condition. If the Rental Products are returned in a damaged, unclean and/or defective state (as determined by us at our sole discretion) you shall be liable to pay us for the cost of any repair and/ or cleaning required to return the Rental Products to a condition fit for re-rental and the Daily Rental Fee until such repairs and/or cleaning have been completed. This will also include the costs incurred in sending the Rental Products to the manufacturers for any further repairs. Where the Rental Product is returned in a state beyond repair e.g. if perspex is scratched or leather damaged, then the Rental Product cannot be repaired and you will be liable for the full costs to replace the Rental Product.

                            14.2     You will pay to us the replacement cost (noted on each Product page beside ‘Value’) on a new for old basis of Rental Products which are lost, stolen and/or damaged beyond economic repair during the Rental Period.

                            14.3     You shall also pay to us the Daily Rental Fee until we have been paid the amount representing the replacement cost of such Rental Products.

                            15.0  YOUR RIGHTS TO END THE CONTRACT

                              15.1     Your rights when you end the contract will depend on what goods have purchased or services you have been provided, whether there is anything wrong with the Products, how we are performing and when you decide to end the contract. This section of these terms sets out your rights to end the contract in the following circumstances:

                              15.1.1  If any of the Products are faulty or misdescribed you may have a legal right to end the contract (or a service re-performed or to get some or all of your money back);

                              15.1.2  If you want to end the contract because of something we have done or have told you we are going to do;

                              15.1.3  You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products;

                              15.1.4  In all other cases (if we are not at fault and there is no right to change your mind).

                              15.2     If you are ending a contract for a reason set out at clauses 15.2.1 –15.2.4 below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

                              15.2.1  We have told you about an upcoming change to the Products or these terms which you do not agree to;

                              15.2.2  We have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;

                              15.2.3  There is a risk that supply of the Products may be significantly delayed because of events outside our control; or

                              15.2.4  We have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days.

                              Changing your mind

                              15.3     For most Goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 

                              15.4     Once the Rental Products have been delivered, even if the cancellation period is still running, you do not have the right to change your mind.

                              15.5     How long you have depends on what you have ordered and how it is delivered. 

                              15.5.1  Rental Products. You have 14 days after the booking has been accepted on our website, the confirmations referred to in clause 3 satisfied and payment confirmed to change your mind. If the Rental Period is to commence within this 14 day period and the Rental Product has been shipped then you cannot change your mind. However, if the Rental Period is to commence after this 14 day period then please notify us within the 14 day period and the booking will be cancelled and a refund issued and the Rental Product can be released for another customer.

                              15.5.2  Goods. You have 14 days after the day you (or someone you nominate) receive the Goods. You must notify us if you are intending to return the Goods and we must be in receipt of the Goods within the 14 day period for a refund to be issued. 

                              15.6     Even if we are not at fault and you do not have a right to change your mind (see clause 15.1), you can still end the contract before it is completed, but you may have to pay us compensation. 

                              1. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND) 

                              16.1     To end the contract with us, please let us know by email to ibagzy@gmail.com

                              16.2     If you end the contract for any reason after Rental Products have been dispatched to you or you have received them, you must return them to us in accordance with these terms. If you are exercising your right to change your mind in relation to the Goods you must send them back to us with 14 days of signed for delivery telling us you wish to end the contract. 

                              16.3     We will pay the costs of return: 

                              16.3.1 if the Products are faulty or mis-described; or 

                              16.3.2 if you are ending the contract because we have told you of an upcoming change to the Products or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

                              In all other circumstances you must pay the costs of return.

                              16.4     If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection.

                              16.5     Where a refund is due to you we will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

                              16.6     If you are exercising your right to change your mind:

                              16.6.1  We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 

                              16.6.2  The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

                              16.6.3  In relation to the Rental Products, we may deduct from any refund an amount for the supply of the Rental Products for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. 

                              16.7     We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

                              16.7.1  In the case of Goods, where we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us; and

                              16.7.2  In all other cases, your refund will be made within 14 days of your telling us you have changed your mind. 

                              1. OUR RIGHTS TO END THE CONTRACT

                              17.1     We may end the contract at any time by writing to you if:

                              17.1.1  you do not make any payment to us when it is due; 

                              17.1.2  you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or 17.2 If we end the contract in the situations set out in clause 17.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

                              18.0  HOW WE MAY USE YOUR PERSONAL INFORMATION 

                              18.1     We will use the personal information you provide to us: 

                              18.1.1  to supply the Products to you; and

                              18.1.2  to process your payment for the Products. 

                              18.2     Please note that we do not hold your payment information as your payment will be processed via a third party payment processor.

                              19.0  OTHER IMPORTANT TERMS 

                              19.1     We may transfer our rights and obligations under these terms to another organisation.

                              19.2     You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 

                              19.3     This contract is between you and us. No other person shall have any rights to enforce any of its terms.

                              19.4     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 websites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. We are not responsible for the content on the internet or web pages that are contained outside the site. 

                              19.5     Your correspondence or business dealings with, or participation in promotions of, affiliates, advertisers or partners found on or through our website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such affiliate, 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 affiliates, advertisers or partners on the website.

                              19.6     Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

                              19.7     If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

                              19.8     These terms are governed by Northern Irish law and you can bring legal proceedings in respect of the products in the Northern Irish courts.

                               

                               

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