Terms of service
- Agreement to Terms
- These Terms & Conditions govern your use of The Bag Baron website (the "Site") and your rental of The Bag Baron bags (the "Service").
- 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.
- By accepting these Terms & Conditions, you acknowledge that you have read, understood and agree to be bound by them.
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Modification of Terms
- We reserve the right to modify these terms and conditions at any time without prior notice.
- 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.
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Account Registration
- To rent bags from The Bag Baron, you must sign up on our portal, providing your name, address, valid South African ID number or Passport number, contact number, and payment details. In providing these details, you confirm that the information you submit is yours, accurate, complete and up-to-date.
- You are responsible for maintaining the accuracy of your account information and for all activities under your account.
- We reserve the right to decline any application at our discretion, without disclosing a reason.
- 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.
- 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.
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Orders, Payment and Charges
- All payments must be made in South African Rand (ZAR) and are inclusive of South African VAT.
- You are required to ensure that your payment method has sufficient funds to cover the rental cost.
- 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 the Rental Cost, late fees, and damage fees.
- 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 rental.
- In order to Rent any items you need to provide us with all the necessary information we require and deem necessary.
- When placing your order to Rent any items, you authorise The Bag Baron to charge the Rental Cost immediately.
- You will be redirected to our payment merchant, PayStack, an approved payment gateway for all South African Acquiring Banks.
- We may ask you to either pay a deposit to cover possible Late Fees, Replacement Fees, or Administrative Fees or provide credit card details to charge these fees if necessary.
- After payment of the Rental Cost has been received, we will email you all necessary information.
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Limit on Rentals
- Customers are limited to renting one bag at a time during the first six months of membership.
- After the initial six-month period, customers may rent more than one bag at a time, subject to availability.
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Delivery and Pickup
- We offer delivery and pickup services, at the relevant delivery and pickup fee.
- We will only deliver our bags once we have verified that your identification details (valid South African ID number or Passport number) to ensure security and trust for purposes of insurance.
- We will only deliver our bags to the address authorised by you on the initial order.
- It is your responsibility to be available at the agreed address and time for both delivery and pickup.
- If you fail to meet the courier, additional delivery fees may apply.
- Delivery is only available within South Africa.
- Each parcel will be sent via a secure courier on a tracked and signed-for delivery service.
- At the time of delivery, the customer is required to present a valid ID or passport. A photograph of the presented ID will be taken to verify the customer's identity. The Bag Baron reserves the right to refuse delivery if the customer fails to comply with this requirement.
- If you fail to return the bag at the agreed time and location, additional fees for missed collection attempts will apply.
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Bags, Use and Care of Bags
- We source all our bags from vetted suppliers who vouch for their authenticity.
- 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.
- All rented bags will include a tracking device that remains the property of The Bag Baron. This device is used solely to ensure the safety and security of our bags during the rental period.
- You must not tamper with, remove, or damage the tracking device in any way. Any tampering or damage to the tracking device will result in a penalty fee and may lead to further legal action if deemed necessary. The tracking device must be returned with the bag in its original condition.
- The tracking device only monitors the location of the bag for security purposes and does not collect personal data unrelated to the bag’s whereabouts. By agreeing to these Terms & Conditions, you consent to the use of tracking devices in our bags.
- In the event of loss or theft of the bag, the tracking device will assist in its recovery. You are required to inform us immediately if the bag is lost or stolen during the rental period. If the bag cannot be recovered, you will be liable for the replacement cost of the bag.
- You must treat the rented bags with care and return them in the same condition as received.
- Any alterations to the bags are prohibited without our prior written consent.
- 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.
- 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.
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Rental Period and Late Returns
- The rental period ends at 12:00 (noon) on the day after the last booking date.
- For customers who selected and paid for collection, The Bag Baron team will contact you to arrange collection at your approved collection address
- For customers who selected drop-off, the bag must be delivered to The Bag Baron’s approved delivery address by the same deadline
- Bags must be returned by the end of the rental period as outlined above.
- A late return is calculated from 12:01 (afternoon) on the day after the last booking date.
- Late fees apply for bags returned after the due date, calculated as an amount equal to the rental cost for the overdue period.
- 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.
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Cancellations and Refunds
- If you need to cancel your rental, please notify us as soon as possible by emailing info@thebagbaron.com.
- Cancellations made 10 or more working days before the rental start date will receive a full refund.
- 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.
- Once an item has been shipped or collected, no refunds will be issued.
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Warranties and Representations
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You warrant that you have the legal capacity to enter into and be bound by these Terms and Conditions. If you are a minor, you confirm that you have the consent of a parent or legal guardian to enter into this Contract. These Terms and Conditions constitute a valid, legal contract, which is enforceable against you.
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Each warranty provided by you 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. Each warranty is severable from the others, meaning that if one warranty is found to be invalid, the other warranties will remain in full force and effect. These warranties are deemed to be material to this agreement.
- The Bag Baron does not provide any warranty (express or implied) or make any representation concerning the rental bags, including their quality, fitness for a particular purpose, or merchantability. The operation of the website is provided "as is," and we make no warranty regarding the website’s functionality, availability, or ability to meet your specific needs.
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You acknowledge that you rent bags entirely at your own risk. You further agree that the bags may appear differently in reality than depicted on the Website due to various reasons, including lighting, photography, and screen display differences. The Bag Baron will not be liable for any perceived discrepancies between the online images and the actual appearance of the rented bags.you have the consent of a parent/guardian to enter into this Contract if you are a minor;
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Damage and Repairs
- You agree to take all necessary precautions to avoid damage to the rented bags.
- 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.
- If a bag is damaged beyond repair, you will be liable for the full replacement cost of the bag.
- If a bag is lost or stolen during the Rental Period, you are responsible for notifying us immediately. In such cases, you are liable for the replacement cost of the bag.
- We reserve the right to put your membership and any orders for subsequent bags on hold until the issue has been resolved.
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Loss, Theft, and Counterfeit
- inform the relevant authorities;
- report the bag(s) as stolen; and
- take steps to recover the monies for the goods.
- consider the bag to be stolen;
- take steps to recover the monies for the goods from you; and
- notify the relevant authorities.
- During the rental period, you are responsible for the bag and must take measures to prevent loss or theft.
- If a bag is lost or stolen, you must notify us immediately.
- You are liable for the replacement cost of the bag in case of loss or theft.
- The Bag Baron provides insurance coverage, but you are responsible for the insurance pay-in amount in such cases.
- We will conduct an investigation into any counterfeit, lost or stolen bags and may:
- You agree that if you return a counterfeit bag to us in the place of the original bag we sent to you, we will:
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Return and Inspection
- Upon returning the bag, it will be inspected for any damage or alterations.
- You must ensure that all parts and accessories of the bag are returned in the same condition as when rented.
- If the bag is not returned in the same condition, repair or replacement fees will apply.
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Termination and Suspension of Service
- 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.
- In such cases, you will remain liable for any outstanding fees or charges.
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Events Beyond Our Control
- 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.
- In such events, both parties shall work together in good faith to mitigate the impact on the provision of services.
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Data Protection and POPIA Compliance
- The Bag Baron is committed to protecting your personal information in accordance with the Protection of Personal Information Act 2013 (POPIA).
- We collect, process, and store personal data as necessary for the provision of our rental services, and we take all reasonable steps to protect your personal information from unauthorized access or disclosure.
- By using our services, you consent to the collection, use, and processing of your personal information as detailed in our Privacy Policy.
- In the event of a data breach, The Bag Baron will notify the relevant authorities and affected individuals as required by POPIA.
- You have the right to access, correct, or request deletion of your personal information that we hold. Such requests can be submitted to info@thebagbaron.com.
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Governing Law
- These Terms & Conditions are governed by the laws of South Africa.
- Any disputes arising from these terms will be resolved in the courts of South Africa.
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Miscellaneous
- 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.
- If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
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Contact Information
- For any questions or concerns regarding these Terms & Conditions, please contact us at info@thebagbaron.com