Introduction
These terms and conditions apply to all Contracts. Any order placed with Bags to Riches Ltd (“Bags to Riches”) constitutes your agreement to be bound by these terms. Any additional or different terms you stipulate or state in any communication with Bags to Riches (including an order) are hereby objected to and will not bind Bags to Riches unless Bags to Riches agree in writing. No sales person, representative or agent is authorized by Bags to Riches to give any guarantee, warranty or representation in addition to, or contrary to these terms. Upon Bags to Riches acceptance of your order, such acceptance constitutes your agreement to be bound by these terms.
The Services - General
Bags to Riches provides a Service where registered members (Members) can Hire or Purchase Items from our Collection. To become a member you must apply on-line and submit to Bags to Riches the completed Membership Form.
Members can borrow Items on a one-week Hire Term or a one-month Hire Term and can be extended on a daily basis at the daily rate (90% of the weekly rate). Such rates will apply to the Hire Term the Member chooses and will differ in accordance with the Item being hired.
Bags to Riches will deliver the Item to an address specified by the Member. When the Member has finished with the Item, the Member must return the Item to Bags to Riches in the self-addressed pre-paid courier bag before the end of the Hire Term.
Bags to Riches have taken all reasonable steps to ensure that the Item is fit for their particular purpose but does not warrant that the Items are fit for any purpose.
Bags to Riches have taken all steps to ensure that the Items are a true likeness to the Item shown on www.bagstoriches.co.nz. You accept that some Items may vary in colour, size and likeness.
We have taken all steps to ensure that the Item is genuinely authentic. All Items contained in Bags to Riches collection come with a certificate of authenticity.
Formation of Contract for Hire
In order to complete the Contract for Hire (“the Contract”), you must register as a Member (free). Your membership will continue until you either cancel your membership or Bags to Riches terminates your membership.
In order to become a Member of Bags to Riches you will need to provide certain information. You warrant that the information you are required to provide is true and correct. You agree to keep that information updated.
The placement of your Order is deemed the offer. Such offer will be accepted by Bags to Riches upon email confirmation of your Order. There is a binding Contract between You and Bags to Riches at the point you receive your email confirmation from bags to riches.
You authorize us to contact your bank and or credit card supplier to verify identity, check credit card details and also to ensure your credit worthiness. You further agree and authorize Bags to Riches to carry out any other credit checks that Bags to Riches deems necessary in order to complete the contract.
Privacy Act 1991
You authorise Bags to Riches to collect, retain and use the personal information you provide for the following purposes only:
(a) assessing Your creditworthiness;
(b) disclosing to a third party details of this application and any subsequent dealings it may have with Bags to Riches for the purpose of recovering amounts payable by You and providing credit references.
(c) Marketing goods and services provided by Bags to Riches to You.
You have the right of access to information about You held by Bags to Riches. You may request correction of that information and may require that the request be stored with that information. Bags to Riches may charge reasonable costs for providing access to that information.
Hire Term
The Hire Fee will be the fee stated under the item you wish to hire, as agreed between You and Bags to Riches.
The Hire Term begins the day after Bags to Riches hands the Item to the courier for delivery to You and ends when the Item has been returned to us.
You may borrow for one week or one month (based on 30 days). You may initially borrow for one week and extend the hire of that Item for longer. See Extension of Hire Term.
Extension of Hire Term
You may hire the item(s) for one week or one month. The Hire Term may be extended on a daily basis and will be calculated at the Daily Rate (90% of the weekly rate).
You may extend the Term, upon giving Notice to Bags to Riches, and their subsequent acceptance of the extension. Billing for the additional Hire Term is set out below.
Fees
You agree to pay Bags to Riches the Fee set out on www.bagstoriches.co.nz website.
Bags to Riches reserve the right to alter these fees at their sole discretion. Any such changes will be notified on www.bagstoriches.co.nz.
You authorize Bags to Riches to charge your nominated credit card for:
(a) any applicable membership fees;
(b) hire fees;
(c) purchase fees;
(d) delivery charges;
(e) overdue payments;
(f) fees/costs associated with (but not limited to):
(i) damaged goods (exceeding normal fair wear and tear)
(ii) lost goods
(iii) stolen goods;
(iv) unreturned goods
(v) any applicable taxes;
(vi) any charges incurred in connection with your use of the Service
(vii) any excess insurance.
all such fees/costs to be determined by Bags to Riches.
(g) All hire fees will be deducted from your nominated credit card shortly after you have chosen your desired Item.
(h) If you keep your Item longer than the Hire Term (as agreed) then you will be charged for the additional days, week or month term (as the case may be). If you have failed to hand the bag to the Courier Company within the Hire Term, you will be charged in accordance with the Late Returns Policy.
(i) Bags to Riches reserve the right to charge default interest rate at 12.5% on all Fees not paid by the due date. Default interest is calculated on a daily basis from the due date to the actual date (before or after judgment).
(j) You will be liable for all legal and debt collection costs that Bags to Riches may incur, including solicitor/client costs in enforcing or attempting to enforce Bags to Riches’ rights under these terms and conditions.
Delivery and Return
Bags to Riches will dispatch the Item the day before your Hire Term commences. In the event that You place an Order for an Item the day before you wish to receive the Item then the order must be placed and received by Bags to Riches by 4pm. Bags to Riches, only uses reputable courier companies.
The Item(s) will be delivered to an address specified by You in an overnight courier service to residential addresses. Rural and R.D address should allow for a 1-4 days delivery service.
You will be required to sign for the receipt of the Item. You are responsible to ensure that someone will be at the address to sign for the Item.
Bags to Riches will not be responsible for any delay in delivery of the Items as a result of events occurring beyond Bags to Riches control. Bags to Riches shall not be responsible for any consequences (direct or indirect) arising from such delay or non-delivery. You must take into consideration the length of time it will take to reach you in order to ensure you have the Item for your intended purpose. In the unlikely event of non-delivery, upon confirmation from the Courier Company, we will refund your money to you.
When you receive your Item, there will be a self addressed courier bag for the Item’s return. You must place the Item in the bag and taking it to the respective Courier company and/or New Zealand Post.
Late Return
If the Item is returned to us outside the Hire Term, you will be charged a late fee equivalent to one week Hire Term.
Lost, Stolen or Damaged Goods
You undertake to return all Items to Bags to Riches in the same condition as you received them, fair wear and tear excepted.
If any Item is lost, stolen or damaged whilst in your possession, Bags to Riches reserves the right to charge the full replacement cost of the Item or charge you the cost of repair, at the sole discretion of Bags to Riches.
Ownership
All Items hired by You remain the property of Bags to Riches at all times, unless otherwise specified.
Insurance
It is your responsibility to ensure that the Item is insured against Loss and Theft for the Period that You Hire it. Loss and Theft is not covered by Bags to Riches and remains your responsibility. You accept that the Bag you have hired from Bags to Riches Ltd is, for the duration of the Hire term, in your custody or control for which you are responsible, and which the owner has not insured.
Exclusivity
You undertake that the Item hired by You is for your sole use and it is not to be used by anyone else. The Hire is not transferable.
Limitation of Liability
Bags to Riches takes no responsibility for and makes no representations with respect to any information on www.bagstoriches.co.nz
Bags to Riches’ liability will in no circumstances exceed the amount of fees charged to You for the Hire of the Item.
If You shall:
(a) fail to make any payment due under the Contract or commit any other breach of any of Your obligations under the Contract; or
(b) suffer execution under any judgment; or
(c) commit an act of bankruptcy; or
(d) make any composition or arrangement with any creditor; or
(e) being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it,
Bags to Riches (in addition to any other remedies hereby or by statute conferred) may treat the Contract as terminated and any monies owing hereunder, whether or not due under the terms of the Contract shall forthwith become due and payable. Any such termination shall be without prejudice to any claim or right Bags to Riches may otherwise possess.
Indemnity
You agree to personally indemnify us against any liabilities, loss, expenses or other costs in connection with any claims made against us arising out of or in connection with providing Items to You for Hire under this Contract.
Entire Contract
The Contract forms the entire agreement between the parties.
These Terms and Conditions form part of the Contract.
Variation to Terms and Conditions
Bags to Riches Ltd may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions with immediate effect. All variations made will be notified on www.bagstoriches.co.nz and will be deemed to have been read and understood by You.
Governing Law
These Terms and Conditions are governed by the laws of New Zealand.
Bags to Riches and the Member shall submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms and conditions.