Terms & Conditions
Please ensure that you read and understand these Conditions before you agree to be bound by them.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions:
Accessories – means anything supplied by BagButler that may or may not fall within the definition of Handbag or Jewellery, to include but not limited to, scarves, bandeaux, shawls, charms, letters;
Contract – means any contract for the sale or hire of goods and/or the supply of services between us and you into which these Conditions are incorporated;
Conditions – means the standard terms and conditions of sale set out below, including any special terms and conditions confirmed in writing by us;
Goods – means the goods, items, products and/or services which we shall supply in accordance with these Conditions, under an order which is accepted;
Handbag – means handbag or bag and any accompanying handbag related items such as, but not solely, shoulder strap, handles, detachable handles or straps, letters and charms, luggage tags, padlocks and padlock keys, security tags and or labels;
Hire – means hire of goods and/or supply of services
Jewellery – means bracelets, necklaces, earrings, brooches, and any other items ordinarily defined as jewellery, including all accompanying detachable clasps, butterflies, links, clips and other such fixings;
Sale – means sale or hire of goods and/or supply of services.
We – means BagButler, and “us” and “our” shall be construed accordingly;
You – means the person placing an order for the Goods and entering into the Contract with “us” and “your” shall be construed accordingly;
1.2 "Working Days" means Monday to Friday 9am to 5pm (UK Time) and excludes bank and public holidays.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.4 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.
1.5 All rights expressly reserved by or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.
1.6 We reserve the right to amend these terms and conditions should the need arise.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1 These Conditions (as updated by us from time to time) shall set out the entire agreement. No variation of these Conditions shall be binding unless agreed in writing by us and attached hereto. You will be subject to the policies and terms in place at the time you order the Goods from us, unless such change is required by law or government or regulatory authority (in which case it will apply to any orders you have previously placed). These Conditions apply to all orders you make from us at any time, regardless of how the order is made.
2.2 Our employees and agents are not authorised to make any representation concerning the Goods unless confirmed by us to you in writing. In entering into a Contract you acknowledge that you have not relied on any such representations which are not so confirmed.
2.3 Where Goods are to be delivered by instalments, each instalment shall constitute a separate Contract. Failure by us to deliver any instalment shall not entitle you to cancel any other instalment.
2.4 All specifications, drawings, photographs and particulars of weights, dimensions, colours and performance issued by us are approximate only.
2.5 We reserve the right to withdraw any offer or special promotions without notice. In the event that you have already placed an order under the Conditions that we have accepted we will provide you with a full refund for any money received.
2.6 By using the Service or visiting or browsing the Site, you accept these Conditions and any modifications that may be made to them from time to time. If you do not agree to these Conditions you should not use the Service, or visit or browse the Site.
3. ORDERS AND SPECIFICATIONS
3.1 Your order represents an offer to purchase/hire the Goods which is accepted by us when we issue you with written acceptance of the order. Our acceptance of your order is conditional upon the Goods being intended for personal use and not for resale or rehire. By placing an order you warrant that you are at least 18 years old. All orders are subject to availability and on a first-come first-served basis as unfortunately we are unable to reserve Goods. We reserve the right to refuse to accept an order.
3.2 If we reasonably believe you are intending to resell/hire out the Goods (whether on-line or otherwise) we reserve the right to refuse your order.
3.3 You shall be responsible for ensuring the accuracy of the details of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions. We shall not be liable for all costs and expenses incurred by you due to inaccurate information submitted by you or, if the goods are ordered by mobile telephone, as a result of network failure.
3.4 BagButler offers customers the ability to access the Site and purchase or borrow Goods from Us in accordance with these Conditions. The customer can choose products to hire or purchase and have them couriered to the customer's address. This is done with a return date. We reserve the right to limit the number of items that a customer may borrow at any one time.
3.5 The current policies governing the delivery and return of products are detailed on the Site. 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, BagButler makes no guarantees as to actual delivery time. We will send you an email letting you know when your product is shipped.
3.6 If a product is returned in a damaged or dirty condition that exceeds normal wear and tear, as determined by BagButler in its sole discretion, you agree that BagButler may invoice you for all reasonable costs in cleaning, repairing and generally making good. You will also be liable for any out of pocket expenses that we incur, including postage and packaging, in getting any such items cleaned and or repaired. If any items are damaged beyond repair you will be liable for the full cost of replacement. In all cases, we reserve the right to charge you the full amount of any lost earnings or incurred costs resulting from the damage. The product replacement fee will vary depending on the specifics of each item and its amount is to the full discretion of BagButler.
3.7 Under no circumstances are customers to attempt to clean any products themselves by any means (dry cleaned or otherwise). If done so, BagButler reserves the right to invoice for part or full replacement value of the items and charge you the full amount of any potential lost earnings or incurred costs regardless of whether any damage has been caused.
3.8 Any discounts, vouchers or offers made available on the site are subject to change without notice.
4. PRICE OF THE GOODS
4.1 The price of the Goods shall be the price confirmed by us at the time the order is placed.
4.2 While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered (whether this be by our error or an error by any third party), we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the goods and the order is subsequently cancelled, you will receive a full refund.
4.3 In the event that we are unable to supply the Goods at the price or specification stated in the order, we will where possible notify you of any changes and where the Goods ordered are not available we may offer you substitute goods whereby you will be asked to re-confirm your order at the new price and/or specification. You are not obliged to accept any substitute Goods and will be entitled to receive a full refund if you confirm that the substitute Goods are not acceptable.
4.4 The price is inclusive of any applicable value added tax or other sales tax (at the rate from time to time in force). Any packaging or delivery costs for which you shall be liable will be confirmed prior to your order being placed.
5. TERMS OF PAYMENT
5.1 You acknowledge and agree that it may be necessary for BagButler to confirm the validity of the credit card information you provided to Us upon renting an item. When this occurs, BagButler may request a temporary authorisation hold for an amount on your card. This authorisation hold does not result in actual charges to your card. These authorisations will automatically expire based on guidelines established by your card issuer.
5.2 We take a deposit on all items hired from us. The deposit amounts vary according the type of item and the amounts are displayed on our Site. We will return the deposit to you within 5 working days of our receiving the Goods back in our possession. We reserve the right to keep part or all of the deposit, if in our sole opinion, any or all of the items are in a condition worse than that which they were sent to you, allowing for reasonable wear and tear, and or the items are returned after the agreed return date.
5.3 In the event that payment is dishonoured by your bank or credit card provider, they (being your bank, credit card provider or our debt collection company) may charge a fee. Where we incur any fee or liability as a result of a dishonoured payment, you will be liable to reimburse us in full for the amount we have incurred.
5.4 If BagButler 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. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies.
5.5 All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, BagButler will validate the names, addresses and other information supplied during the order process against commercially available records (e.g. Electoral Roll data, credit reference services). We reserve the right to instruct a third party to complete these checks. By ordering from our website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept your order and we shall not be liable for any delay or non-delivery this may cause. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 2018.
5.6 If you fail to make any payment on the due date then we reserve the right to: (a) cancel the Contract or suspend further deliveries to you; (b) charge you a reasonable amount of interest on the amount unpaid, at the rate of 3% above Barclays Bank Plc base rate from time to time from the date the amount was due until payment is made in full, accruing pro rata on a daily basis.
5.7 Where you fail to pay for the Goods in accordance with these Conditions, we shall be entitled, at any time, to require you to deliver up the Goods to us and, if you fail to do so seek a court order to permit us to enter upon any premises where the Goods are stored and repossess the Goods.
6.1 You shall make all arrangements to take delivery of the Goods wherever they are tendered for delivery.
6.2 We aim to provide you with an approximate date on which the Goods will be ready for delivery. Where we become aware that the date of delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the estimated date. Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by us. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice.
6.3 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, our liability shall be limited to the cost of said delivery of the Goods.
6.4 If you ask our delivery provider to deviate from the agreed delivery process then you are deemed to accept total liability for the goods if they comply with your instructions.
6.5 In the event we fail to deliver the Goods to the cardholder’s registered address or any such alternative address We agree with you within 5 days’ or following 3 attempts by us (whichever is earlier) due to reason(s) reasonably considered to be your fault then we may in our discretion refund the sum paid to us by you, less £50 administration charge, and cancel the Contract.
6.6 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage or subsequent delivery charges which we may incur.
6.7 The rental period starts on the courier’s first attempt of delivery, regardless of whether you are there to sign for the Goods.
6.8 The Goods will only be delivered if they are signed for at the address agreed for delivery and will not be left without a signature.
7. RECEIVING GOODS
7.1 As soon as the items have been signed for all risk and responsibility for the items will immediately pass to you.
7.2 If for whatever reason you are unhappy with any of the items, you must notify us by email within 4 hours of delivery. If you do not, we will deem you to have accepted delivery and the items.
7.3 You agree to take all reasonable and necessary steps to ensure that the items we send you do not become damaged in your care.
7.4 With regard bags, we suggest you are especially careful of, but not solely, make-up (we suggest if you do store this inside a bag you do so within a cosmetic bag first), moisture, strong variations in temperature, prolonged exposure to direct sunlight, humidity, impact/shock, sun protection creams, hairsprays, etc. Do not affix any items to bags that would necessitate piercing the bags.
7.5 With regard jewellery, we suggest you apply perfume, hairsprays or sun protection creams before putting on the jewellery.
7.6 With regard fabric items such as silk and wool scarves and shawls, we suggest you apply perfume, hairsprays or sun protection creams before putting on said items. Do not affix any items, including brooches, to scarves, shawls, etc. that would necessitate piercing those items.
7.7 You may not clean any items or interfere with them in any way other than those pre authorised by Us.
7.8 We strongly advise that you ensure your home contents insurance policy is sufficient to cover the cost of loss or damage to any item(s) you hire from us, even if this requires you to notify your insurers and pay an additional premium.
7.9 Any security tags, numbers, logos, or any such other unique identifiers MUST remain intact. If you in any way tamper, deface or attempt to remove any of these your credit card will be charged for the full cost of the replacement of the item(s).
8. RETURNING GOODS
8.1 You are required to return all Goods to us in the same condition in which they were received by you.
8.2 Please return all Goods in the same packaging as received by you, to include the same items in the same boxes, i.e. not putting all items in one box.
8.3 You agree to return the Goods on the day after the rental period expires.
8.4 You agree that the item(s) returned to us will be the same we initially sent you. If we have reason to believe that this is not the case we will i) notify the authorities, ii) charge you the full cost of replacement of the item(s).
8.5 In case of loss, theft or any damage, you are required to notify us immediately on Fashion@BagButler.co.uk. In the case of loss or theft, we require you to report the matter to the police and provide us with a Crime Reference Number. Failure to do so may result in us charging you the full cost of replacement.
9. LATE FEES
9.1 We reserve the right to charge late fees for items returned after the agreed return date. Late fees are charged at a pro rata daily rate, plus £100 administration charge.
9.2 If we do not receive the item(s) back within 5 days after the expiration of the rental period, we reserve the right to charge you the full cost of the item(s) and or commence legal proceedings.
10. WARRANTIES AND LIABILITY
10.1 Subject as expressly provided in these Conditions, and except where the Goods are sold/hired to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law.
10.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) your legal rights are not affected by these Conditions. Further information on your legal rights can be obtained from Trading Standards or Citizens Advice.
10.3 The warranty contained in Clause 10.1 does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
10.4 In the unlikely event that the Goods do not conform to these Conditions, please let us know by email within 4 hours after delivery. We will collect the Goods on a date agreed between us or ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will either:
o (a) provide you with a full or partial refund;
o (b) replace the Goods; or
o (c) repair the Goods.
10.5 Subject to clause 10.6, if either of us fails to comply with these Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Conditions.
10.6 Neither of us shall be responsible for losses that result from our failure to comply with these Conditions which fall into the categories of loss of income or revenue, loss of profit, loss of business, loss of anticipated savings, loss of data, any waste of time. However, this clause 10.6 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
11.1 Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of that party’s obligations if the delay or failure is due to an act or cause beyond that party’s reasonable control.
11.2 These Conditions do not purport to confer a benefit on any third party.
11.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be by email addressed to the other party and delivered to the email address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
11.4 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of any subsequent breach of the same or any other provision.
11.5 Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Conditions shall not be affected.
11.6 The Contract and these Conditions shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English courts.
11.7 We reserve the right to monitor and record telephone calls our staff receive and make, in order to monitor staff performance and ensure the highest service possible is provided to our customers.
11.8 The copyright in all photographs, images and descriptions contained on our website are owned by BagButler, and may not be reproduced without the express consent of BagButler.
11.9 All dealings between us in connection with these Conditions and each Contract shall be carried on in the English language.
11.10 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
11.11 Unless otherwise specified, the content on the Site is for your personal and non-commercial use; BagButler 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 BagButler. Any and all unauthorized 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.
12. YOUR RIGHT TO CANCEL
12.1 If you wish to cancel before the Goods are dispatched, please contact us as soon as reasonably possible by email on Fashion@BagButler.co.uk. We reserve the right to levy a small charge for our reasonable costs incurred up to that time.
12.2 If you wish to cancel after the Goods are dispatched but prior to delivery, please contact us as soon as reasonably possible by email on Fashion@BagButler.co.uk. We also advise you to refuse to accept delivery. Please note there will be a £50 charge for cancelling an order at this stage in the process.
12.3 Once the Goods have been delivered, and therefore delivery has been accepted, you lose your right to cancel except in cases where we have incorrectly fulfilled your order.
13.1 You agree that we, in our sole discretion, may terminate your password, account, or use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Conditions. Also, we may, in our sole 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 and Submissions made 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.
14. SERVICE TESTS
14.1 BagButler tests aspects of its Service and Site from time to time. BagButler reserves the right to include you in such tests without notice.
Last Updated 7th August 2019