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:
Bag – 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;
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 hire 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.
Sale – means hire of goods and/or supply of services.
We – means BAG FOR A DAY, 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 Sunday 8am to 8pm (UK Time) and includes 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 All specifications, photographs and particulars of dimensions, colours and performance issued by us are approximate only.
2.4 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.
2.5 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 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 only 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 any 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 BAG FOR A DAY offers customers the ability to access the Site and borrow Goods from Us in accordance with these Conditions. The customer can choose products to hire and then collect from our Westfield Stratford City 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 collection and return of products are detailed on the Site. Collection time for products you have selected to borrow may vary based upon (a) inventory availability, (b) when you place an order, and (c) other circumstances impacting . Accordingly, BAG FOR A DAY makes no guarantees as to actual collection time requested by you. We will send you an email confirming the collection time and will try to meet your request as best as we can.
3.6 If a product is returned in a damaged or dirty condition that exceeds normal wear and tear, as determined by BAG FOR A DAY in its sole discretion, you agree that BAG FOR A DAY 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, as well as a £50 Administration fee. 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 cost will vary depending on the specifics of each item and its amount is at the full discretion of BAG FOR A DAY.
3.7 Under no circumstances are customers to attempt to clean any products themselves by any means (dry cleaned or otherwise). If done so, BAG FOR A DAY 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 The rental period can be any number of days between a minimum hire period of 1 day, and a maximum hire period of 28 days for any one item.
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).
5. TERMS OF PAYMENT
5.1 You acknowledge and agree that it may be necessary for BAG FOR A DAY to confirm the validity of the credit card information you provided to Us upon renting an item. When this occurs, BAG FOR A DAY 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 amount for an item is £300 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 BAG FOR A DAY does not receive payment from your preferred payment method 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 of goods. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, BAG FOR A DAY 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 4% 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. COLLECTION
6.1 You shall make all arrangements to collect the Goods whenever they are tendered for collection.
6.2 We aim to provide you with an approximate date on which the Goods will be ready for collection. Where we become aware that the date of collection 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 collection 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 In the event we fail to deliver the Goods to the named cardholder’s order, 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.
6.5 If you fail to collect the Goods then we reserve the right to store the Goods until actual collection and charge you for the reasonable costs (including insurance) of storage or subsequent charges which we may incur.
6.6 The rental period starts on the agreed start date and time, regardless of whether you or your representative are there to accept the Goods.
6.7 The Goods will only be collected if they are signed for at the address agreed for collection and will not be left without a signature.
7. RECEIVING GOODS
7.1 As soon as the items have been accepted as delivered 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 3 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 to the bags, we suggest you are especially careful of, but not solely, make-up including but not limited to lipstick and nail varnish (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, liquids and inks of any kind, including pens, etc. Do not affix any items to bags that would necessitate piercing the bags.
7.5 You may not clean any items or interfere with them in any way other than those pre authorised by Us.
7.6 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.
7.7 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 preferred payment method 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. Failure to return a good with all of the elements with which it was sent is considered damage and will be treated as such. If an item is returned with elements missing, we reserve the right to charge for the cost of replacing the element(s) if this is possible, or the full replacement cost of the item if this is not possible. The item elements could include, but are not limited to, the following: Chains, straps, pouches, keys, charms, accessories, labels, etc.
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. This includes, but is not limited to, the dust bag, sturdy box and protective packaging as necessary.
8.3 You agree to return the Goods on the day and at the time the rental period expires at our same Westfield Stratford City location.
8.4 Your period of possession ends when our appointed team member collects the packaging from you. The goods are considered to be in your possession until such time they have been handed over to our member of staff for collection. If you leave the goods unattended ahead of a collection, they are still in your possession and you are responsible for those goods, including if they go missing before collection.
8.5 You agree that the goods 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 goods.
8.6 In case of loss, theft or any damage, you are required to notify us immediately via our contact page on our website. 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 A late fee of £50 per day will be applied to each item not received by their due date. This is a daily fee that will be charged until we have either received the item back or the item’s replacement price has been reached.
9.2 We also reserve the right to charge your preferred payment method the full cost of the item(s) if the item is not received on the rental return date and or commence legal proceedings. When the item is finally received by us we will refund your preferred payment method less the late fees and any costs for repairs if required.
10. WARRANTIES AND LIABILITY
10.1 Subject as expressly provided in these Conditions, and except where the Goods are 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 hired 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 contacting us within 24 hours after delivery. We will ask you to return the Goods to us for collection on a date agreed between us 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. GENERAL
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 BAG FOR A DAY, and may not be reproduced without the express consent of BAG FOR A DAY.
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; BAG FOR A DAY 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 BAG FOR A DAY. 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.
11.12 You agree to indemnify and hold BAG FOR A DAY its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your use of the Service in violation of these Terms of Use and/or arising from a breach of these Terms of Use.
12. YOUR RIGHT TO CANCEL
12.1 If you wish to cancel 48 hours or more before the Goods are due to be collected by you, please contact us as soon as possible via our contacts page on our website. We reserve the right to levy a £15 charge to cover our administrative costs incurred up to that time.
12.2 If you wish to cancel less than 48 hours before the Goods have been arranged to be collected by you, but prior to collection, please contact us as soon as possible via our website. 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 collected by you, and therefore delivery has been accepted, you lose your right to cancel except in cases where we have incorrectly fulfilled your order.
13. TERMINATION
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 BAG FOR A DAY tests aspects of its Service and Site from time to time. BAG FOR A DAY reserves the right to include you in such tests without notice.
ADDENDUM
15. THE GOODS
15.1 All goods offered on our site are in new or pre-owned, mint condition. Any signs of wear and tear on vintage goods are described and photographed in the relevant product listing on the Site.
15.2 We will, by the use of photography and video, record the condition of the goods each time they are despatched and received back by BAG FOR A DAY. This will be kept on our records and used as a comparison of condition and kept as evidence.
Last Updated 1st August 2023.