Terms & Conditions

 

Terms and Conditions: Your Rental Agreement with Style Shift

Welcome to the Terms and Conditions that form the contract between each customer and Style Shift. All our customers are required to take careful note of and abide by the Terms and Conditions set out below. All customers should read and understand these Terms and Conditions and you will be deemed to have accepted them by using the Service and checking the tick box accepting the Terms and Conditions at the Site’s checkout page. We have written these Terms and Conditions with the intention of making them as clear and as reasonable as possible, while delivering a valued and reliable service to the customer. If you have any questions or clarifications in relation to any of the Terms and Conditions set out below, please do not hesitate to contact us and we will happy to assist. In these Terms and Conditions, all references to “we”, “us” and “Style Shift” refer to Style Shift. All references to “you”, the “customer”, “user”, or “users” refer to you as the customer of Style Shift.

The following Terms and Conditions apply to all rental of handbags from the Style Shift website.

Acceptance of Terms: These Terms and Conditions govern your use of the Style Shift website located at  (the “Site”) and all services and products offered by Style Shift including the renting of handbags (the “Service”). By using the Service or browsing the Site, you accept and agree to abide by all of the following Terms and Conditions and these Terms and Conditions and any modifications made to them from time to time shall be deemed to apply to all customers. These Terms and Conditions constitute a binding legal agreement between you and Style Shift.

1. Modifications to Terms and Conditions: Style Shift reserve the right to modify these Terms and Conditions, including the price, content, or nature of the Service at any time at its sole discretion. Your use of the Site constitutes your binding acceptance of such modifications to the Terms and Conditions. If you do not agree to any changes in the Terms and Conditions as they may occur and you are already using the Service, please notify us of your unwillingness to accept the changes to the Terms and Conditions by emailing us at customercare@styleshift.co.uk and by immediately returning all outstanding items and discontinuing your use of the Service and the Site. By using or continuing to use the Service, visit or browse the Site, or joining the email list, you agree that we shall not be liable to you or to any third party for any modification of the Terms and Conditions.

2. The contract for renting a handbag between you and Style Shift: The display of items for hire or sale on the Site does not constitute an offer for the purposes of contract law but only an invitation to treat. By placing an order and making payment for it on the Site you agree to these Terms and Conditions, which should be read in conjunction with and to incorporate the FAQs page on the Site and the Privacy Policy page on the Site. If there is any conflict between the Terms and Conditions, the FAQs and the Privacy Policy, the Terms and Conditions shall prevail. By completing and submitting the electronic order form (or proceeding fully through the checkout process) you are making an offer to purchase goods which, if accepted by us via the email confirming that your order is on its way, will result in a binding contract. Neither submitting an electronic order form, nor receiving an automated email from us thanking you for your order, nor completing the checkout process constitutes our acceptance of your order. You will only receive the confirmation from Style Shift that your order is on its way once your order has been reviewed by Style Shift. Style Shift taking payment from the customer’s credit card does not indicate acceptance of the contract and nor does the automated confirmation of payment which you receive immediately after placing your order. Although a payment card may be debited before the contract is formed, if your order is not accepted by us, a full refund will be made to you as soon as reasonably practicable. For the avoidance of doubt, these Terms and Conditions shall apply to the Service whether your order was made via the Site, by email or by telephone.

3. The Service:

3.1 Service provided: The Service allows customers aged over 18 resident in the United Kingdom to use the Service in accordance with these Terms and Conditions. By using the Site or by using the Service you accept and agree to comply with any terms, conditions, or policies that Style Shift may provide to users of the Site and Service from time to time via the Site or by other means of communication to you. Subject to our customer verification procedures and payment of the correct rental amount, your chosen product will be shipped to the shipping address that you provide.

3.2 The status of the Terms and Conditions: These Terms and Conditions (as supplemented by the FAQs page on the Site and the Privacy Policy page on the Site) form the terms and conditions of the contract for the Service, provision of a Hired Product or a purchase of goods (as applicable) between you and Style Shift. Where you have entered into a contract for the hire of a product listed on the Site, the duration of the contract shall be the selected rental period for the bag for which you have placed an order, as confirmed by Style Shift’s email notifying you that your order is on its way. The minimum duration of the contract between Style Shift and you is the full rental period, except in circumstances where you invoke the cancellation or refund clauses within these Terms and Conditions to terminate the contract earlier, in which case the contract will be terminated as soon as the conditions in the relevant clause have been met and the Hired Product has been returned to and received by Style Shift and any payments due have been paid by you. If you extend rental of a Hired Product or submit an order for renting a Hired Product via us taking payment from your stored payment card, you agree that you continue to accept and be subject to these Terms and Conditions until your rental period has ended.

3.3 Authorisation Deposit and identity and credit checks: When you place an order, we reserve the right in our absolute discretion to determine whether your payment card is pre-authorised to accept a minimum charge equal to the full retail value of the Hired Product plus one month’s rental fee. In the event we believe the amount of available credit is not sufficient to cover these amounts, we will cancel your order and/or request that you provide a second valid credit card. By using the Service, you agree to us contacting you for additional information in order to complete our security procedures. This information includes but is not limited to your credit card details, confirmation of your identity, proof of your address and evidence of your place of work and occupation. If we suspect theft or fraud has occurred during the course of you using the Service and we need to release your personal details to the police as part of their investigation, by using the Service you consent to us releasing your personal information for this purpose. Having conducted our security procedures, we reserve the right to cancel your order and/or require a deposit from you. If you do not wish to have these checks performed but have already made an order, please contact us at customercare@styleshift.co.uk and we can cancel your order. To ensure your credit card is valid, we will run a test transaction for £0 which will immediately be voided. In the event an order is cancelled, any funds authorised are released by Style Shift and timing for receiving your funds back are then subject to the rules of your financial institution. Style Shift further reserves the right to limit the number of Hired Products that you may borrow at any time and/or to require the return of any or all Hired Products in your possession in the event you fail to make required payments on time or in the event other factors arise which, in our sole discretion, increase the risk of non-timely payment by you of any amount owing or future amounts which shall be payable in the event that a Hired Product is not returned by the date due.

3.4 Penalties for late return: If a Hired Product is not returned to Style Shift by the date stipulated to you by us, a late fee of twice the daily pro rata rate of the Hired Product (based on 1 week’s hire or 2 weeks’ hire if that is the minimum period available) will be chargeable for every calendar day that passes after the day that the Hired Product was due back to us (the “Late Fee”). By way of an example, the Late Fee for a Hired Product where the weekly rate is £105 would be £30 a day. If an item is more than 7 days overdue, we will consider the Hired Product lost or stolen and the provisions of Clause 4.7 (Excessive damage, theft or loss) shall apply.

3.5 Shipping policies: Please note that the 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, Style Shift makes no guarantees as to actual delivery time. Style Shift will send you an email letting you know when your Hired Product has been despatched. The rental period begins the date on which Style Shift ships the product. A shipping confirmation email will be sent to you on this date.

3.6 Risk of loss of the product: The risk of loss for Hired Products passes to you upon delivery to you of the Hired Product. All confirmed deliveries are your sole responsibility. If you are unable to locate a confirmed delivery, you are required to contact Style Shift immediately so that we can place a tracer investigation and temporarily suspend the borrowing period. Until the results of the investigation are received, we are not able to proceed with a refund or other resolution of a lost Hired Product.

3.7 Excessive damage, theft or loss: By using the Service, you agree that we may put a hold on your payment card for the replacement cost of the Hired Product. This hold will be released when the Hired Product has been returned and satisfactorily examined by Style Shift. In the event that you lose the Hired Product or return the Hired Product with excessive or abusive damage exceeding normal wear and tear, as determined by Style Shift in its sole discretion, you agree that Style Shift may immediately demand or take payment from you of (i) the full current retail price of the Hired Product (or, if this is not attainable, the cost of a replacement product of our choice which we deem to be an equivalent product); and (ii) one additional monthly rental fee of the Hired Product (the “Monthly Rental Fee”). In addition, if you resist payment, you will also be liable for any charges we incur in recovering payments from you including but not limited to any fees or commission charged by our debt collection agency and, if recovery takes more than 30 days from the expiry of your rental, the Late Fee that will continue to accrue until we have recovered all amounts due to us. If the Hired Product current retail price cannot be established, you will be liable for the Monthly Rental Fee plus the cost of a replacement product of our choice which we, in our sole discretion, determine to be a sufficiently equivalent item. The full current retail cost of the product that was lost or the full cost of a replacement product of our choice shall from now on be referred to as the “Replacement Cost”. By using the Service, you agree that an authorisation hold may be placed on your credit card for the Replacement Cost of the Hired Product. Any Late Fee and other amounts due may be charged by Style Shift to your credit card or paid to us by electronic bank transfer, whichever we request. Before using the Service, please ensure your credit card and bank account have sufficient funds to cover these amounts. If we suspect that theft of a Hired Product has occurred, you agree that we can pass your information on to third parties, including the police.

3.8 Refusal of Future Business: Style Shift reserves the right to refuse to continue to offer its Services to you at any time for any reason, including if there is excessive damage or abuse to Hired Products or any instances of loss of the Hired Products.

3.9 Right to Cancel order prior to delivery: Style Shift reserves the right to cancel any order at any time prior to delivery to the customer. In the event an order is cancelled, the funds authorised or charged will be released and be refunded to you once processed by the payment processing entity and financial institution involved.

4. Customer representations: By placing an order to use the Services, you, as the customer, hereby represent and acknowledge that:

4.1 By using the Service and completing the checkout process on the Site you give us permission to obtain credit information from credit agencies on you.

4.2 You are (and acknowledge that to use the Service you must be) 18 years of age or older and resident in the UK.

4.3 You agree to provide true, accurate, current and complete information about yourself where prompted by the Site and you agree to maintain and promptly update any information provided to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may at our discretion suspend or terminate the Service to you with immediate effect and to refuse to offer you any and all current or future use of the Service and the Site.

4.4 You will maintain sufficient funds to immediately reimburse us for the Replacement Cost, Monthly Rental Fee and any Late Fees due in the event the Hired Product is lost or irreparably damaged and unsuitable for hire (it is in our sole discretion to establish whether a Hired Product is irreparably damaged and no longer suitable to hire).

4.5 You are responsible for maintaining the confidentiality of your customer account on the Site (“your Account”) and password and for restricting access to your computer.

4.6 You are solely responsible for any activity related to your Account. If you suspect any unauthorised use of your Account, please notify us immediately.

4.7 You will take reasonable care of any Hired Products and only use them for their proper purpose in a safe and correct manner and notify Style Shift immediately after any loss and/or damage to the Hired Product;

4.8 You will take adequate and proper measures to protect the Hired Product from theft, damage and/or other risks;

4.9 You will notify Style Shift of any change of relevant information you have provided to Style Shift, including but not limited to, your address.

4.10 You will keep the Hired Product at all times in your possession and control. If you remove the Hired Product from the United Kingdom, you will ensure it is on your person or locked securely in a safe in private accommodation at all times. You will not place the Hired Product in checked-in luggage or in the control or possession of anyone other than you at any time;

4.11 You will not pledge, charge or create any form of security over any Hired Product (title to the Hired Product remains with Style Shift at all times);

4.12 You will not continue to use the Hired Product where it has been damaged and you will notify Style Shift immediately if the Hired Product is involved in an accident resulting in damage to it, other property and/or injury to any person;

4.13 You acknowledge that the Hired Product must be returned to Style Shift in accordance with the instructions and process specified by Style Shift in good and clean condition together with any other parts provided with the Hired Product; and

4.14 You shall not clean/repair or attempt to clean/repair the Hired Product unless authorised to do so in writing by Style Shift

5. Payment and Billing:

5.1 When you borrow a Hired Product from Style Shift you will be required to provide Style Shift with accurate, complete and current debit or credit card information for a valid debit or credit card (as applicable) that you are authorised to use. By signing up for the Service, you authorise Style Shift or its agents to bill your card for the applicable fees, borrowing fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. These amounts will be charged to your credit card on the date your order is placed. If the Hired Product is not returned on the due date communicated to you by email from Style Shift, Style Shift will charge the Late Fee to your debit or credit card for each overdue day, until Style Shift has received the Hired Product.

5.2 If Style Shift does not receive payment from your debit or credit card provider or if your debit or credit card expires or is rejected, you agree to pay all amounts due on demand by electronic bank transfer. Style Shift reserves the right to take all steps necessary to collect amounts due from you, including but not limited to using solicitors and third party collection agencies.

5.3 You are solely responsible for any and all fees charged to your debit or credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 60 days after they first appear on your account statement. If you do not bring them to our attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.

6. Cancellation, Costs and Refunds: Style Shift will accept returns, issue refunds and cancellations of orders if a product has not been worn/carried AND you post the item back with the correct specified shipping company for return securely wrapped in the packaging provided within 2 days of receipt. If the reason for the return is the poor condition of the Hired Product, we will issue a full refund. If you have made a return for any other reason, we will issue a full refund deducting our postage costs.

6.1 Any Hired Products received more than 2 days after receipt will not be applicable for a refund and the full rental fee will be retained. A Hired Product may be returned earlier than the expiry date of your hire period, but no refund will be made for the unused time. If you are not happy with the Hired Product and wish to exchange it for something else, you must notify us within 24 hours of receipt of the Hired Product. We will send you a postage label to return the Hired Product to us. Then let us know which product you would like in exchange and Style Shift will provide the Hired Product you have requested in exchange subject to availability and provided that the Hired Product has a rental rate equal to or less than the amount paid to Style Shift by you. If the Hired Product you have requested in exchange is more than the amount you have paid to Style Shift, the difference will become payable to Style Shift before the Hired Product is sent to you. If the Hired Product has a rental rate of less than the amount paid to Style Shift by you, we will refund you the difference. Style Shift reserves the right to issue you a refund via the original payment method if the requested Hired Product is unavailable for any reason.

6.2 Provided that you have met the conditions in the paragraph above and informed us in writing that you wish to return the Hired Product within 24 hours of receiving your delivery, you will be entitled to obtain a full refund. Please allow 3 working days after the item has arrived at the Style Shift warehouse, in order for us to inspect and process the return. After the return is confirmed valid, the refund will be issued. Style Shift reserves the right to process a refund within 14 days of a request for a refund unless the order is being disputed.

6.3 If you fail to fulfill the Terms and Conditions applicable to cancellation and returns, you will be charged for the full applicable fees and charges for the entire period you booked the Hired Product for and you will not be entitled to a refund.

6.4 All refunds will only be issued via the original form of payment.

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7. Default: If you:

7.1 fail to make any payment to Style Shift when due; breach these Terms and Conditions; provide incomplete, materially inaccurate or misleading facts and/or information to Style Shift; have a credit rating that appears to Style Shift in its absolute discretion to be financially inadequate to cover the potential replacement cost of a Hired Product and any applicable fees due; or are declared bankrupt or face criminal charges or bankruptcy proceedings; you must notify Style Shift as soon as practicable in writing and Style Shift shall have the right, without prejudice to any other remedies, to exercise any or all of the right in the sub-clause 8.2 below.

7.2 If any of the events set out in the paragraph above occurs then Style Shift reserves the right for it or its agents to: demand immediate return of any Hired Product; withhold the performance of any Service and cease any Service in progress; in the event that the Hired Product is not returned, impose the fee applicable to lost or stolen items as set out in Clause 4.7 of these Terms and Conditions; engage a debt recovery agency in order to recover any unpaid amounts due, including any costs and expenses incurred as a result of taking such action.

8. Limitations of Liability: Unless you deal as a consumer within the meaning of s12 of the Unfair Contract Terms Act 1977:

8.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law;

8.2 All warranties, representations, terms, conditions and duties implied by law in relation provision of the Service and to the use of reasonable care and skill, reasonable time for performance and reasonable consideration shall be excluded from these Terms and Conditions.

8.3 You use the Hired Product at your own risk and by using the Service, you agree to waive any claims against Style Shift for loss or damage to you or your property.

8.4 Any defective Hired Product must be returned to Style Shift for inspection if requested by Style Shift before Style Shift will have any liability for the defective Hired Product.

8.5 Style Shift shall have no liability to you if any monies due in respect of the Hired Product and/or the Service have not been paid in full by the due date for payments.

8.6 Style Shift shall have no liability for additional damage, loss, claims, costs or expenses caused or contributed to by your continued use of any defective Hired Product and/or Service after a defect has become apparent or suspected or should reasonably have become apparent to you.

8.7 You shall give Style Shift a reasonable opportunity to remedy any matter for which Style Shift is liable before you incur any costs and/or expenses in remedying the matter yourself. If you do not do so, Style Shift shall have no liability to you.

8.8 Style Shift shall have no liability to the customer to the extent that its failure to provide the Service is caused by any factor outside its control.

8.9 Style Shift shall have no liability to you for any consequential losses (including loss of profits and/or damage to goodwill); economic and/or other similar losses; special damages and indirect losses; and/or business interruption, loss of business, contracts and/or business opportunity.

8.10 Style Shift’s total liability to you under and/or arising in relation to these Terms and Conditions and/or the Service shall not exceed the total charge for rental of the Hired Product ordered by you or the sum of £200 whichever is the higher.

8.11 Each of the limitations and/or exclusions in these Terms and Conditions shall be deemed to be repeated and apply as a separate provision for each of the following: (i) Liability for breach of contract; (ii) Liability in tort (including negligence); and/or (iii) Liability for breach of statutory duty; except sub-clause (j) above (regarding total liability) which shall apply once only in respect of all the said types of liability.

8.12 Style Shift guarantees that all Hired Products are authentic luxury products. Other than this, the Service (including the products provided under the Service or purchased through the Site), and the Site and its contents, are provided “as is”; Style Shift makes no representations or warranties of any kind with respect to the Service, products provided with or sold by the Service, the Site, or any contents therein. Furthermore, Style Shift expressly disclaims all representations and warranties relating to the Service, the Hired Products and the Site, including fitness for a particular purpose, merchantability, quality, accuracy, title and non-infringement. Style Shift does not represent or warrant that the information on or accessible via the Site or through the Service is complete or current.

8.13 Style Shift assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, nor any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the Site, any losses or damages arising from the use of the content provided on the Site, goods or services provided by Style Shift, or any conduct by users of the Site. Style Shift reserves the right to refuse to ship products in its sole discretion.

8.14 Style Shift’s liability under these Terms and Conditions and any other terms and conditions applicable to any gift card, offer or promotion is limited to direct, objectively measurable damages. Style Shift, its owners, employees and suppliers will not be held liable for any indirect or speculative damages (including, without limiting the foregoing, consequential damages, incidental damages and special damages), including but not limited to loss of use, business interruptions, or loss of profits regardless of whether the relevant parties had advance notice of the possibility of any such damages.

8.15 Nothing in these Terms and Conditions shall exclude or limit the liability of Style Shift for death or personal injury due to its negligence or any other liability which it is not permitted to exclude or limit as a matter of law.

  1. Privacy and Data Protection: Any information submitted on the Site is subject to our Privacy Policy which is available to view in the footer menu of the Site.

  2. Termination: These Terms and Conditions will continue to apply to you until terminated by you or Style Shift. To learn how to terminate your account and agreement to these Terms and Conditions, please email us at customercare@styleshift.co.uk or via the Contact Us page on the website.

  3. Contact details: If you have any notices, communications or complaints, please contact Style Shift, using the email address customercare@styleshift.co.uk.

  4. Indemnity: You agree to indemnify and hold Style Shift, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable lawyer’s 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.

  5. Links and Advertising: We may provide, or third parties may provide, links to other websites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. Style Shift is not responsible for the content of the internet or any pages that are contained outside or beyond the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely the responsibility of you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.

  6. Intellectual Property Rights: You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Site, the Service and Style Shift, including all HTML and other code contained in this Site, shall remain at all times vested in Style Shift and/or are the property of their respective owners. All Style Shift graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Style Shift. Any trademarks not owned by Style Shift that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Style Shift. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Style Shift, its licensors, or its product suppliers, and is protected by United Kingdom and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.

  7. General: Style Shift’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Service, you consent to receiving electronic communications from Style Shift. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  8. Assignment:You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions where we reasonably believe your rights will not be negatively affected.

  9. Governing Law:These Terms and Conditions and the contract between the parties shall be governed by the law of England and Wales and subject to the jurisdiction of the courts of England and Wales.

  10. Severance:If any clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other clauses of these Terms and Conditions will continue in effect. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were to be deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted).

  11. Application: These Terms and Conditions apply to all services and products offered by Style Shift and the Site and exclude all other Terms and Conditions which the customer may want to add.

  12. Entire Agreement: These Terms and Conditions (including where relevant the Consignment Agreement) comprise the entire agreement between you and Style Shift and supersede and extinguish any and all previous agreements between the parties regarding the subject matter contained herein. In entering into this agreement, you and Style Shift hereby acknowledge and confirm that each does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions. In the event any other rules, code of conduct, or other matter posted on the Site conflicts with the Terms and Conditions, the Terms and Conditions shall apply. No oral explanation or oral information given by any party shall alter the interpretation of the Terms and Conditions. Neither Style Shift nor you shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms and Conditions. Nothing in this clause shall limit or exclude any liability for fraud.