Terms and Conditions - Designer Bag Rentals - The Bag Baron

The Bag Baron Terms and Conditions

  • Agreement to Terms
    •
      1. These Terms & Conditions govern your use of The Bag Baron website (the "Site") and your rental of The Bag Baron bags (the "Service").
      2. By using our Site and Service, you accept these Terms & Conditions and agree to comply with them. This agreement is binding between you and us as soon as you make use of our service, become a member and/or log in to your account or use our Service.
      3. By accepting these Terms & Conditions, you acknowledge that you have read, understood and agree to be bound by them.
    1. Modification of Terms
      1. We reserve the right to modify these terms and conditions at any time without prior notice.
      2. Changes will be documented on our Site, and it is your responsibility to check the Terms & Conditions each time you use our Site or Service.
    2. Account Registration
      1. To rent bags from The Bag Baron, you must sign up on our portal, providing your name, address, contact number, and payment details. In providing these details, you confirm that the information you submit is yours, accurate, complete and up-to-date.
      2. You are responsible for maintaining the accuracy of your account information and for all activities under your account.
      3. We reserve the right to decline any application at our discretion, without disclosing a reason.
      4. It can take up to 2 business days for us to process an application for The Bag Baron membership. We will confirm the status of a membership application via email.
      5. Applicants who are accepted to use and pay for the Service will be deemed as Active Members and will have an Active Membership unless terminated in accordance with these terms.
    3. Orders, Payment and Charges
      1. All payments must be made in South African Rand (ZAR) and are inclusive of South African VAT, as necessary.
      2. You are required to ensure that your payment method has sufficient funds to cover the rental fees.
      3. By agreeing to these terms, you authorize us to charge your payment method for any fees associated with your rental, including but not limited to rental fees, late fees, and damage fees.
      4. The Rental Cost is the full amount payable by you to rent the rental item for the Rental Period. If there are any additional costs payable by you this will be indicated to you by us at the time of the Rental.
      5. In order to Rent any items you need to provide us with all the necessary information we require and deem necessary.
      6. When placing your order to Rent any items, you authorise The Bag Baron to charge the Rental Cost to your bank card immediately.
      7. Payment can be made via Visa, MasterCard or American Express Cards. You will be redirected to the website of our payment merchant who is an approved payment gateway for all South African Acquiring Banks.
      8. We may ask you to either pay a deposit to cover any possible Late Fees, Replacement Fees or Administrative Fees, or to provide credit card details to keep in case we need to charge these fees to you. If you have provided us with your credit card details then you authorise us to debit your card with any Late Fees, Replacement Fees or Administrative Fees payable in terms of these Terms and Conditions.
      9. After payment of the Rental Cost has been received, we will email you all the necessary information.
    4. Limit on Rentals
      1. Customers are limited to renting one bag at a time during the first six months of membership.
      2. After the initial six-month period, customers may rent more than one bag at a time, subject to availability.
    5. Delivery and Pickup
      1. We offer delivery and pickup services, at the relevant delivery and pickup fee.
      2. We will only deliver our bags to the address authorised by you on the initial order.
      3. It is your responsibility to be available at the agreed address and time for both delivery and pickup.
      4. If you fail to meet the courier, additional delivery fees may apply.
      5. Delivery is only available within South Africa.
      6. Each parcel will be sent via a secure courier on a tracked and signed-for delivery service.
      7. If the bag is not delivered on time due to our or the courier’s negligence, we will either extend the rental period or refund the rental fee.
      8. If you fail to return the bag at the agreed time and location, additional fees for missed collection attempts will apply.
    6. Bags, Use and Care of Bags
      1. We source all our bags from vetted suppliers who vouch for their authenticity.
      2. The bags are as described in the site’s listings. However, the photographs are not contractually binding. The bags may differ slightly from these photographs. By using our services you agree that these photographs are only indicative of the exact quality of the bag.
      3. You must treat the rented bags with care and return them in the same condition as received.
      4. Any alterations to the bags are prohibited without our prior written consent.
      5. If you return a bag that is minimally damaged and/or damaged beyond normal wear and tear, you will be liable for the cost of repair or replacement.
      6. We will use photography and video to record the condition of the bag each time it enters and leaves the business. This will be kept on our records and used as a comparison of condition and kept as evidence.
    7. Late Returns
      1. Bags must be returned by the end of the rental period.
      2. Late fees apply for bags returned after the due date, calculated as an amount equal to the rental cost for the overdue period.
      3. If a bag is not returned within 5 days after the rental period, we reserve the right to charge the replacement cost of the bag.
    8. Cancellations and Refunds
      1. If you need to cancel your rental, please notify us as soon as possible by emailing info@thebagbaron.com.
      2. Cancellations made 10 or more working days before the rental start date will receive a full refund.
      3. Cancellations made within 9 working days before the rental start date, but before the item has been shipped, will be eligible for a gift card to the value of the rental amount.
      4. Once an item has been shipped or collected, no refunds will be issued.
    9. Warranties and Representations
      1. The Bag Baron does not give you any warranty (express or implied) or make any representation in relation to the rental bag or the operation of the website. 
      2. You rent bags completely at your own risk and you acknowledge and agree that the bags may look different in reality than it did on the Website due to various reasons.
      3. You, the user of our Rental services, warrant to and in favour of The Bag Baron that:
        1. you have the consent of a parent/guardian to enter into this Contract if you are a minor;
        2. you have full legal capacity to agree to and be bound by these Terms and Conditions; and
        3. these Terms and Conditions constitute a valid legal contract, which is enforceable against you.
      4. Each of the warranties which you give:
        1. is a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Terms and Conditions;
        2. is severable from the other warranties contained herein; and
        3. is deemed to be material.
    10. Damage and Repairs
      1. You agree to take all necessary precautions to avoid damage to the rented bags.
      2. If a bag is returned with damage beyond normal wear and tear, you will be charged a repair fee, which includes a service charge and the cost of repairs.
      3. If a bag is damaged beyond repair, you will be liable for the full replacement cost of the bag.
      4. You agree to take all precautions to avoid exposing the bag to the following, as these are not considered normal wear and tear:
        1. Makeup
        2. Moisture
        3. Liquids
        4. Inks (including but not limited to, pens, markers, etc) 
        5. Paints
        6. Sharp objects
        7. Dirt or grime
        8. Grease
        9. Oil
        10. Perfume
        11. Food
        12. Strong variations in temperature
        13. Excessive sunlight
        14. Humidity
        15. Impact/shock
      5. Damage to a bag which includes the following list will be charged to the member as laid out in Clause 11.4: 
        1. Stained, marked or damaged interiors or exteriors; 
        2. Ripped leather or exteriors from scraping against a sharp object; 
        3. Ripped or scrapped interiors from cleaning, sharp objects or excessive force; 
        4. Excessive damage to corners or bottom of bag outside of normal wear and tear, due to scuffing on the floor etc; 
        5. Excessive force, stretching, squeezing or squashing the bag so that it loses its shape beyond what is considered normal and reasonable; 
        6. Unreasonable and excessive damage to straps, chains or zips that cannot be considered normal wear or manufacturing defaults. 
      6. Failure to return a bag with all of the elements that it was sent out with is considered damage and will be treated as such. If a bag is returned with elements missing, the member could be charged for the cost of replacing the element if this is possible, or the cost of replacing the full bag. This includes, but is not limited to, failure to return the following items: 
        1. Chains
        2. Straps
        3. Pouches
        4. Keys, charms, accessories
      7. If you return a bag with damage which is not considered to be normal wear and tear, or with missing element that it was sent out, we:
        1. Will notify you by email within two working days;
        2. Reserve the right to put your membership and any orders for subsequent bags on hold until the issue has been resolved; 
        3. Will request a quote for the repair which can take up to one week, although we will endeavour to get this to you sooner; 
        4. Will be in touch within two working days once we have received the quote back from our external supplier with a final quote;
        5. Reserve the right to charge the full amount of the final quote to your registered payment and/or your Holding Fee, or request that you pay this charge through an alternative method. 
      8. Failure to pay for damage on a bag when requested will result in your membership being cancelled and legal action could be taken to recover the associated costs. Legal action being taken could affect your credit rating.
    11. Loss, Theft, and Counterfeit
      1. During the rental period, you are responsible for the bag and must take measures to prevent loss or theft.
      2. If a bag is lost or stolen, you must notify us immediately.
      3. You are liable for the replacement cost of the bag in case of loss or theft.
      4. The Bag Baron provides insurance coverage, but you are responsible for the insurance pay-in amount in such cases.
      5. We will conduct an investigation into any counterfeit, lost or stolen bags and may:
        1. inform the relevant authorities; 
        2. report the bag(s) as stolen; and
        3. take steps to recover the monies for the goods.
      6. You agree that if you return a counterfeit bag to us in the place of the original bag we sent to you, we will:
        1. consider the bag to be stolen;
        2. take steps to recover the monies for the goods from you; and
        3. notify the relevant authorities.
    12. Return and Inspection
      1. Upon returning the bag, it will be inspected for any damage or alterations.
      2. You must ensure that all parts and accessories of the bag are returned in the same condition as when rented.
      3. If the bag is not returned in the same condition, repair or replacement fees will apply.
    13. Account Security
      1. You are responsible for maintaining the security of your account information.
      2. Any unauthorized use of your account must be reported to us immediately.
      3. We are not liable for any loss or damage resulting from unauthorized access to your account.
    14. Customer Responsibilities
      1. You must provide accurate and complete information when registering and placing rental orders.
      2. You agree to comply with all instructions and guidelines provided by The Bag Baron regarding the use and care of rented bags.
    15. Termination and Suspension of Service
      1. We reserve the right to terminate or suspend your account and access to our Service at any time for any reason, including but not limited to breach of these Terms & Conditions or any fraudulent activity.
      2. In such cases, you will remain liable for any outstanding fees or charges.
    16. Events Beyond Our Control
      1. We are not liable for any failure to perform our obligations under these Terms & Conditions due to events beyond our control, including but not limited to natural disasters, war, civil unrest, and disruptions in communication or transportation networks.
    17. Data Protection
      1. Your personal data will be collected and processed in accordance with our Privacy Policy.
      2. We are committed to protecting your privacy and handling your data securely.
    18. Governing Law
      1. These Terms & Conditions are governed by the laws of South Africa.
      2. Any disputes arising from these terms will be resolved in the courts of South Africa.
    19. Miscellaneous
      1. These Terms & Conditions constitute the entire agreement between you and The Bag Baron regarding the rental of bags and supersede any prior agreements or understandings.
      2. If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
    20. Contact Information
      1. For any questions or concerns regarding these Terms & Conditions, please contact us at info@thebagbaron.com