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© 2019 by Bundle 'n Joy

hello@bundlenjoy.com

Subscription Terms

These Terms and Conditions (“Terms”), together with any and all other documents referred to herein, set out the terms under which our Services are sold and provided by Us through this website, www.bundlenjoy.com (“Our Site”).  Please read these Terms carefully and ensure that You understand them before requesting an Order from Our Site.  You will be required to read and accept these Terms of when ordering Services.  If You do not agree to comply with and be bound by these Terms, You will not be able to submit and Order through Our Site.  These Terms, as well as any and all Contracts are in the English language only.

1.         Definitions and Interpretation

 

1.1       In these Terms, unless the context otherwise requires, the following expressions have

the following meanings:

 

“Calendar Day” means any day of the year;

“Contract” means a contract for the purchase and sale of Services, as explained in Clause x;

“Garment” means an item of clothing supplied by Us and hired by You (or, where applicable, purchased by You) subject to these Terms;

“Hire Period” means the period for which You will hire the Garment;

“Month” means a calendar month;

“Order” means your order for a Subscription or Single Hire;

“Order Confirmation” means Our acceptance and confirmation of your Order;

“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);

“Single Hire” means your Order to hire a Garment for a period of 4 Calendar Days without entering into a Subscription;

“Subscription” means Your Order for the Subscription Bundle that will allow you to hire Garments from Us;

“Subscription Bundle” means the length and price of Your Subscription as set out in the Order Confirmation, which will automatically renew for the same duration until such time as You or We end the Contract;

“Third Party Payment Service Provider” means Stripe Payments Europe, Limited;

“We/Us/Our” means Bundle ‘n Joy Collection LLP, a limited liability partnership registered in England and Wales under number OC42728 and whose registered address is Apartment G02 Cordage House, 15 Cobblestone Square, London, E1W 3AS;

“Working Day” means a day (other than a Saturday, Sunday or public or bank holiday in England and Wales; and

“You” means you, the consumer entering into these Terms.

 

1.2       Each reference in these Terms to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message or other means.

1.3       Each reference the singular number shall include the plural and vice versa where appropriate.

 

2.         Information About Us

 

2.1       Bundle ‘n Joy Collection LLP, is a partnership, whose registered address is Apartment G02 Cordage House, 15 Cobblestone Square, London, E1W 3AS.

2.2       You may contact Us by writing to Us at the above address, or emailing us at hello@bundlenjoy.com. 

 

3          Restrictions

 

3.1       Our Site is intended for consumers only (i.e. individuals not acting in the course of a business, trade or profession).  By submitting an Order You confirm that You are a consumer and not acting in the course of a business.

3.2       You may only submit an Order if you are at least 18 years of age and are resident in the United Kingdom.

4          Orders – How Contracts Are Formed

 

4.1       Our Site will guide you through the ordering process.  Before submitting Your Order to Us you will be given the opportunity to review your Order and amend any errors.  Please ensure that you have checked your Order carefully before submitting it.

4.2       No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and You.

4.3       Order Confirmations shall set out the fees for Your Subscription, the length of Your Subscription and the amount of Garments that can be hired per Month during Your Subscription, or the cost of the Single Hire.

4.4       If We, for any reason, do not accept or cannot fulfil Your Order, no payment shall be taken under normal circumstances.  If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 14 days.

4.5       We may cancel your Order and/or Subscription at any time in the following circumstances:

4.5.1   The required personnel and/or required Garments necessary for the provision of the Services are not available; or

4.5.2   An event outside of Our control continues for more than 10 days (please refer to Clause 19 for events outside of Our control).

4.6       If We cancel Your Order under Clause 4.5 and We have taken payment any such sums will be refunded to You:

a)         on a pro-rata basis for the period of your Subscription Bundle as soon as possible and in any event within 14 days; or

b)         for a Single Hire where we have not sent out the Garment to You, within 14 days.

4.7       All refunds made by Us to You will be done using the same method that You used when Ordering the Services.

 

5.         Garment Details

 

5.1       We do not guarantee that all Garments shown on the Site are in stock and are available and ready for dispatch. Display of an item on the Site is not an indication that the Garment is in stock.

5.2       We make all reasonable efforts to ensure that all descriptions and graphical representations of Garments available from Us correspond to the actual Garments however, images of Garments are for illustrative purposes only.  There may be slight variations in colour between the image of a Garment and the actual Garment supplied due to differences in computer displays and lighting conditions.

5.3       You will be required, where appropriate, to select the Subscription Bundle, size and colour of the Garments that you wish to hire.

5.4       We use all reasonable endeavours to ensure that Our Garments are regularly maintained, cleaned, repaired, and/or replaced as necessary.

5.5       All Garments will be delivered to You ready to wear. We professionally clean, sterilize and inspect each Garment We send to You.  We strongly recommend that you do not clean the Garments as You will be responsible for any damage that occurs to the Garments, including any damage caused by washing/cleaning.

5.6       We may from time to time withdraw certain Garments for hire.  If any Garments (whether as a Single Hire or by Subscription) are likely to be affected by such withdrawal, We will inform You in writing as soon as possible, and:

5.6.1   For Single hire only, you will be refunded in full for any Garments paid for that you will not receive due to their withdrawal.  Refunds will be made within 14 calendar days of Our notifying You of the withdrawal using the same payment method that You used when ordering the Garments;

5.6.2   For Subscriptions, unless the withdrawal of Garments has a significant effect on your Subscription, You will not be able to cancel a Subscription as a result of the withdrawal.  If you can demonstrate that the withdrawal does have a significant affect your Subscription, we will provide you with a pro-rata refund within 14 days of receiving notice from you that you wish to cancel the Subscription using the same payment method that You used when paying for your Subscription.

5.7       We make all reasonable efforts to ensure that all prices shown on Our Site are correct.  We reserve the right to change prices (including the price of Subscription Bundles) and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any Order that you have already placed.

5.8       All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform You of the mistake.  If the correct price is lower than that shown when You made your Order, We will simply charge You the lower amount and continue processing Your Order.  If the correct price is higher, We will give You the option to proceed with the Subscription or Single Hire at the correct price or to cancel Your Order (or the affected part of it).  We will not proceed with processing Your Order in this case until you respond.  If We do not receive a response from You within 7 days, We will treat your Order as cancelled and notify you of this in writing.

5.9       Delivery charges are included within the Subscription Bundle costs.  Delivery costs for Single Hire will be as set out on Our Site.

 

6.         Hire Period

 

6.1       For Single Hire, the Hire Period begins in the day that you receive the Garment and ends 4 Working Days thereafter. 

6.2       For Subscription Bundles, the Hire Period will be one month and coincides with Your Subscription payment date (i.e. if Your Subscription Bundle starts on 2nd June, Your next payment is due on 1st July  and therefore the Hire Period would be 2nd June to 1st July).

 

7.         Fees and Payment

 

7.1       When placing Your Order, You will be required to pay:

7.1.1   The first Subscription Bundle fee as set out on our Site.  All further monthly fees payable will automatically be collected by our Third Party Payment Service Provider; or

7.1.2   The set fee as stated on Our Site for a Single Hire.

7.2       The fees include delivery costs, dry cleaning and any minor repairs but does not include any insurance of the Garments, significant damage or loss or theft of the Garments.

7.3       We may, from time to time, offer special prices, discounts and other promotional offers.  Any such special prices will be valid only for the period advertised.  Orders placed during such a period will be accepted at the special price even if We do not accept the Order until after the period has expired.

7.4       All payments must be made using our Third Party Payment Services Provider (see Clause 9), who We may change from time to time.

7.5       We reserve the right to increase Subscription fees upon the giving of 28 day’s written notice and the new fee will become payable after the said notice, on the next Subscription billing date.

7.6       If We become registered for VAT We will give you 28 days’ notice.  Thereafter all fees and payments due to us will be subject to VAT at the prevailing rate.

 

8.         Automatic Renewal of Subscription Bundles

 

8.1       Only if you have purchased a monthly subscription, your Subscription will automatically renew at the end of the Subscription month, up until you inform us that you want to cancel. 

8.2       If You do not wish to renew your Subscription then you must contact us at least 5 Working Days prior to the expiry of Your current Subscription, stating that you do not wish to renew.

 

9.         Payment Service

 

9.1       All payments are made through Our Third Party Payment Service Provider, currently Stripe.  If we change our Third Party Payment Service Provider We will send You written notice of such even at least 28 days before the change takes effect.

9.2       Your use of the Third Party Payment Service Provider will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making a payment to Us.

9.3       By using the Third Party Payment Service Provider, You acknowledge and agree to Us sharing your personal information with the Third Party Payment Service Provider.

9.4       The Third Party Payment Service Provider reserves the right to refuse the use of its payment service to anyone, for any reason, and at any time.

10.       Supply and Delivery of Garments

 

10.1     The amount of Garments you can Hire during your Subscription will be as per your Subscription Bundle, as set out on Our Site and in Your Order Confirmation but generally:

10.1.1 For Single Hire (this will be the same as subscribing to the 2 Item Bundle), You may chose 2 Garments but only if the 2nd Garment is an additional back-up size (see Clause 10.2);

10.1.2 For Subscription Bundles, you may Hire 2, 3, 4 or more items per Month for the Hire Period, depending on the Subscription you have purchased.  The Subscription fee is payable whether or not you chose to hire Garments during any particular Subscription period.

10.2     Any additional Garments requested as back-up sizes must only be the next size up or down (i.e. if you Order a 10, then the back-up size must be an 8 or 12) and where requested on a Subscription Bundle, will be counted as 2 Garments for hire.

10.3     For any Garments, if You Order an item that does not fit:

10.3.1 You can Order an additional, replacement item for an additional fee (as set out on the Site) however, the replacement item must still be returned within the original Hire Period;

10.3.2 You must contact Us within 24 hours of receipt of the original Garment to request an exchange.  No exchanges will be offered once you have been in receipt of the original Garment for more than 24 hours.

10.4     Garments will be delivered using Our chosen shipping partner (which may change from time to time).  We aim to process all Orders promptly but any delivery time or date given by Us is an estimate only and time is not of the essence.

10.5     All Garments will be delivered with return packaging which must be kept (or returned to Us) and used for the return of any Garments (see Clause 11).

10.6     If no-one is available to take delivery of the Garments, Our shipping partner will leave You a note informing You of how to rearrange delivery or collect the Garments from a local depot.

10.7     If, after a failed delivery to You, You do not re-arrange delivery or collect the Garments from a delivery depot We will contact You for further instructions and may charge You any further delivery costs.

10.8     The Garments will be Your responsibility from the time they are delivered to the address You gave us (or delivered in accordance with any special instructions that You left with Us or Our shipping partner) but remain Our property at all times (save for the circumstances set out at Clause 12.3.

 

11.       Return of Garments

 

11.1     You should check the Garment at the time of delivery.  If there are any items missing or there is any visible damage to the Garment, You should inform Us within 24 hours of delivery. We will use all reasonable endeavours to replace missing items or damaged Garments.  We will not replace any missing items or damaged Garments after expiry of the 24 hour period.

11.2     All Garments must be returned within the Hire Period (see Clause 6).

11.3     If You discover that any Garments do not fit correctly after delivery, please see Clause 10.3.

11.4     All Garments will be delivered with instructions on return, return packaging and pre-paid labels which must be used to return Garments.  If you fail to use the return packaging (or fail to return the packaging to Us upon purchase of the Garment) We will charge You £20.00.

11.5     You must email us at hello@bundlenjoy.com with Your return tracking number within 24 hours of posting the Garments back to us.  You will not be able to Order any further Garments until the tracking number has been received by Us.

 

12.       Late Fees

 

12.1     Any Garment returned late will incur an excess charge.

12.2     If You fail to return a Garment by the end of the Hire Period, We will charge you £30.00 per Garment per day up to an amount equal to 150% of the recommended retail value of the Garment (we also reserve the right to charge you any lost revenue or other charges associated with the late or non-return of the Garment).

12.3     If you do not return the Garment to us and we have charged You (and You have paid) an amount equal to 150% of the recommended retail value of the Garment then you will be deemed to have purchased the Garment and Our Terms of Sale will apply insert a link except that you will not have the “cooling off” rights referred to therein as you will have already had the opportunity to inspect and return the Garment.

13.       Provision of the Services

 

13.1     As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the clothing hire industry, and in accordance with any information provided by Us about the Services and about Us.  We will also provide Garments that are of satisfactory quality, fit for their purchase and in accordance with the descriptions given to them.  We will begin providing the Services when you make your Order (which We shall confirm in the Order Confirmation). 

13.2     Please note that, by submitting an Order, You are requesting that the Services begin within the legal 14 calendar day cancellation (or “cooling off”) period, and Your right to cancel will be limited or lost.  Please refer to Clause 15 for more details on your cancellation rights, including the cooling off period. 

13.3     For Subscription Bundles, We will continue providing the Services until such time as Your or We end the Contract.

13.4     We will make every reasonable effort to provide the Services in a timely manner but We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please refer to Clause 19 for events outside of Our control.

13.5     In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue.  Unless the issue is an emergency that requires immediate action We will inform you in advance by email before suspending or interrupting the Services.

13.6     If the Services are suspended or interrupted under Clause 19 and last for more than 30 Calendar Days then, if we have taken payment for a Subscription Bundle, we will contact you to establish if You require a refund for that Month, or an extension on your Subscription period.

13.7     If you do not pay Us for the Services as required by Clause 7, We may suspend the Services until you have paid any and all outstanding sums due.  If this happens, we will inform you by email.

 

14.       Loss and Damage

 

14.1     You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to Garments, howsoever caused (including, but not limited to, theft, loss, fire, major stains or any other damage) other than normal wear and tear.  Normal wear and tear encompasses minor stains that can be removed by regular cleaning, minor rips that can be easily repaired, missing beads, stuck zippers or other minor damage as determined solely by Us.

14.2     If You return a Garment that is damaged beyond normal wear and tear You agree that You shall pay to us the cost of repairing the damage, or where a repair is not possible, an amount equal to 150% of the recommended retail value of the Garment (to cover replacement and loss of earnings incurred by us resulting from the loss or damage).

15.       Right to Cancel (Cooling Off Period)

 

15.1     As a consumer in the European Union, you have a legal right to a “cooling off” period within which you may cancel some contracts entered into online for any reason.  The cooling off period starts the day after We have sent You an Order Confirmation and ends 14 Calendar Days thereafter.  However, by submitting an Order to Us, you are requesting our Services to begin within the cooling off period, and by making such request you acknowledge and agree to the following:

15.1.1 If the Services are fully performed within the 14 calendar day cooling off period (i.e. We have sent Garments to You), You will lose your right to cancel after the Services are complete; or

15.1.2 If you cancel after provision of the Services has begun but is not yet complete (i.e. We have not yet sent the Garments to You) you will still be required to pay for the Services provided up until the point at which you inform Us that you wish to cancel.  The amount due shall be calculated on a pro-rata basis.  Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. 

15.2     Refunds, where applicable, will be issued within 14 Calendar Days after you inform Us that you wish to cancel.  Refunds will be made using the same payment method you used when ordering the Services.

15.3     The right to cancel does not apply to any renewal of a Subscription.

15.4     To cancel, please contact Us at hello@bundlenjoy.com

 

16.       Cancellation After the Legal Cancellation Period

 

16.1     Cancellation of a Subscription Bundle after the 14 day cooling off period shall be subject to the following:

16.1.1 Month to Month Subscriptions can be cancelled at any time up to 3 Calendar Days prior to the end of the Subscription month (but no pro-rata refunds will be available);

16.1.2 Locked Subscriptions (where you have paid a lower monthly fee for a fixed term Subscription) do not have a cancellation option however, if You wish to cancel then please email Us at hello@bundlenjoy.com and We will charge you either a fixed fee of £100.00 or the Subscription fee balance, whichever is the lesser amount.  Any refund due to you under this Clause 16.1will be made within 14 days of your informing Us you wish to cancel and shall be made using the same payment method You used when submitting an Order.

16.2     You may be entitled to cancel immediately by giving Us written notice in the following circumstances:

16.2.1 We breach the Contract in a material way and fail to remedy the breach within 14 days of you asking Us to do so in writing; or

16.2.2 We go into liquidation or have a receiver or administrator appointed over Our assets; or

16.2.3 We change these Terms to your material disadvantage; or

16.2.4 We are adversely affected by an event outside of Our control that continues for more than 14 days (see Clause 19).

16.2.3 Eligibility for refunds under Clause 16.2 may vary according to the Services ordered and received up to that time.

16.3     Upon cancellation or expiration of the Subscription, an additional charge of one Month’s Subscription fee will be charged to You which will only be refunded once all Garments currently hired by You are returned to Us undamaged. Any items returned late or damaged will incur charges as set out in these Terms.

 

17.       Our Liability to You

 

17.1     We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

17.2     Our Services are intended for consumers.  We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

17.3     Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

17.4     Nothing in these Terms seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

 

18.       Our Rights to Cancel

 

18.1     We may cancel the Services after We have begun providing them due to an event outside of Our control that continues for more than 14 days.  In such cases, you will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling the contract. 

18.2     We may cancel the Contract at any time upon giving You at least 30 Calendar Days’ notice and You will only be required to pay for Services that you have received.  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.

18.3     Refunds due under this Clause 18 will be issued to you within 14 Calendar days after the day on which We inform you of the cancellation.  Refunds will be made using the same payment method you used when ordering the Services.

18.4     We may cancel immediately by giving you written notice in the following circumstances:

18.4.1 You fail to make a payment by the due date.  This does not affect Our right to charge you interest on any overdue sums; or

18.4.2 You breach the contract in a material way and fail to remedy the breach within 14 Calendar Days of Us asking you to do so in writing; or

18.4.3 We discover that you are ordering Garments not for your personal use (i.e. by ordering Garments of differing sizes that are indicative that they are not meant for You); or;

18.4.4 If we become aware, in Our reasonable opinion, that you are loaning, lending or otherwise dealing with the Garments for purposes other than Your own use.

 

19.       Events Outside of Our Control (Force Majeure)

 

19.1     We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

19.2     If any event described under this Clause 19 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms:

19.2.1 We will inform You as soon as is reasonably possible;

19.2.2 Our obligations under these Terms of (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

19.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

19.2.4 If the event outside of Our control continues for more than 14 Calendar Days We may cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;

19.2.5 If an event outside of Our control occurs and continues for more than 14 Calendar Days and you wish to cancel the Contract as a result, please contact us.

 

20.       Purchase of Garments

 

We may, from time to time, offer Garments for sale on Our Site, for which separate terms and conditions apply.

 

21.       How We Use Your Personal Information (Data Protection)

 

21.1     All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.

21.2     For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy. https://www.bundlenjoy.com/privacy-and-cookies

 

22.       Other Important Terms

 

22.1     If you are late in making any payment due to Us under these Terms, We may charge interest to You on the overdue amount at the rate of 4% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

22.2     We may transfer (assign) Our obligations and rights under these Terms to a third party (this may happen, for example, if We sell Our business).  If this occurs You will be informed by Us in writing.  Your rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.

22.3     You may not transfer (assign) Your obligations and rights under these Terms without Our express written permission.

22.4     This contract is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.

22.5     If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms.  The remainder of these Terms shall be valid and enforceable.

22.6     No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.

23.       Governing Law and Jurisdiction

 

23.1     These Terms and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

23.2     As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Clause 23.1 above takes away or reduces your rights as a consumer to rely on those provisions.

23.3     Any dispute, controversy, proceedings or claim between You and Us relating to these Terms or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.