Terms and Conditions
 
Acceptance of Terms and Conditions

Welcome to Bag an Image. These terms and conditions govern your use of www.baganimage.com.au and www.baganimage.com (“the websites”). By visiting and using the websites you agree to accept these terms and conditions which form the agreement between you and Bag an Image. If you do not agree to these terms and conditions you should not use the website or service that Bag an Image provides.

These terms and conditions are legally binding, please read them carefully.

 
Modification of Terms and Conditions
Bag an Image reserves the right to modify the terms and conditions at any time and in any manner. Any changes will be posted immediately on the websites in the terms and condition section, and will become immediately binding. Please check this section regularly to determine whether changes have been made, your continued use of the websites indicates acceptance of any changes.

Service Policy
Bag an Image provides a service to registered members to access the websites and hire products advertised in accordance with these terms and conditions. Upon free registration, members can borrow up to three items at any one time. A maximum of two handbags is permitted at any one time. There is no minimum membership period, a one-off member registration is applicable, unless otherwise advertised. We reserve the right to permit or reject a request for hire, and all requests are subject to the items availability. Bag an Image will ship the items on the day before the items have been booked from, to ensure they reach you on the desired day. We note that we cannot guarantee overnight delivery due to courier deliveries being beyond our control or if you live in a rural area.

Privacy Policy
Due to the size and nature of Bag an Image we are not required to comply with the Privacy Act. However we advise that no credit card details are held by us, they are passed via our security provider directly to the bank in accordance with relevant standards and high level security requirements. Bag an Image does not sell or release information regarding its members for any reason.

Security Policy
When purchasing or hiring from Bag an Image your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our privacy policy, please contact our customer support centre enquires@baganimage.com.au

Membership
All users wishing to use the Bag an Image service to hire an items must join as a member and abide by the terms and conditions of the website. Members can chose to borrow any items from the on-line selection, with the only limitations being a maximum of two handbags are hired at any one time and a maximum of three items at any one time. We reserve the right to amend this limitation.

Membership is free for a limited time only and you’re a member for life. There are no on-going commitments, no regular charges to your credit card and no minimum monthly rental expectations. By signing up as a member you give us permission to obtain credit information from credit-reporting agencies. You must be 18 or over to use this website and hold a valid credit card. You agree to provide true, accurate, current and complete information as requested and maintain responsibility for updating the database of member information as your personal details change. If we believe the information provided is inaccurate or untrue for any reason, we reserve the right to terminate membership and refuse service.

Bag an Image reserves the right to change the membership fee at any time, and may offer different promotions on membership fees from time to time. This will be advised via member emails. It is the member’s responsibility to read the emails and check the website for any changes.

Membership fees do not include GST, freight costs, or hire fees. These charges will be additional to hire.

Fees and charges
Membership of Bag an Image is free. Upon hiring any items from Bag an Image you will be requested you select the time frame you wish to borrow the items for, this will determine the hire fee you will be charged. Items can be hired either on a daily basis (minimum five day hire) or a monthly basis. Some items can only be hired on a monthly basis.

Freight will be charged at a single flat rate of $19.95, which covers both delivery and return of the items.

No GST will be charged on any of the above fees and charges. We reserve the right to amend any of the above fees at any time. We will advise of any fee changes via email, usage of the website indicates acceptance of these changes.

By registering as a member of Bag an Image you agree to provide us with a current and valid credit card to charge the above fees and charges as incurred. You will be notified of any charges before they are charged to your credit card. As a member it is your responsibility to notify Bag an Image of any changes in your credit card details.

If any items is returned in damaged condition you will be charged a fee for the repair or cleaning. You will be notified of this fee via email prior to the charge to your credit card. If you fail to return an items, or you notify us it has been stolen, you will be charged a replacement fee dependent upon the age and condition of the items, the ability for it to be replaced, and the type of items. You will be notified of the fee via email prior to the charge to your credit card.

If the items have already been shipped we cannot offer a refund. Overnight delivery cannot be guaranteed, therefore if your item does not turn up on time we do not offer a refund, we will of course extend your hire period by the number of days it was late in arriving. Unfortunately late deliveries are beyond our control, please book at least 2 days before you require the item and you should receive it on time.

If Bag an Image does not receive payment from your credit card provider or if your card has expired or is rejected for any reason, you agree to pay all amounts due on demand, including any associated legal costs. Bag an Image reserves the right to take all steps necessary to collect due amounts from you, including but not limited to third party debt collection agencies.

If you notice any error on your statement, please notify us immediately so we can rectify them. If you do not notify us within 90 days you waive your right to dispute such problems or disputes.

Failure to make a payment on time will result in membership suspension and no further items being available for hire until all outstanding amounts are paid. Bag an Image reserves the right to determine if membership will be reinstated or terminated as a result of failure to meet payment.

Payment Terms
All fees will be charged to your credit card as you incur them, you will be notified of the fee to be charged when you proceed through the check-out section of the website.

Any additional fees and charges due to late return, damage to items, or lost or stolen items will be notified via email and charged to your credit card immediately.

Deliveries
Bag an Image will process your request within 1-3 working days of receiving it. As soon as it is processed a courier or postal delivery service will deliver the items requested to the address as soon as possible. Generally this is overnight, however in more remote locations it can take longer. Bag an Image is not responsible for any delay by the courier. Please indicate an address on the website where someone will be home to receive the items upon delivery. We will not deliver to a PO Box. Upon signature for receipt of the items responsibility of the items transfers to you whilst you are in possession of the items.

The items delivered will contain information on how to return the goods at the end of your hire period and also include your pre-paid courier satchel or express post satchel. Please call the courier on the last day of your hire period to arrange pick-up for that day or deliver the express post satchel to your nearest post office. If using a courier service please ensure someone is there to hand the parcel to the courier as any late returns will incur additional charges at the daily hire rate until the items are received.

You will be charged a flat courier fee of $14.95 for this service. Delivery is only available within Australia.

Cancellations
You may cancel your membership at anytime by contacting us via phone or email, you will be immediately removed from any future email lists. Your membership will be cancelled upon the return of any borrowed items. In no circumstance will any portion of your membership be refunded, and if you change your mind after cancelling your membership you will be required to join up as a new member.

If you need to cancel your hire for some reason please contact us to discuss your options. Generally we do not cancel bookings, however in special circumstances we can arrange this, there will be a minimum 20% cancellation fee to cover administration costs, and up to 50% if less than three days notice is given. If the items have already been shipped we cannot offer a refund.Overnight delivery cannot be guaranteed, therefore if your item does not turn up on time we do not offer a refund, we will of course extend your hire period by the number of days the item was late in arriving. Unfortunately late deliveries are beyond our control, please book at least 2 days before you require the item and you should receive it on time.

Lost, stolen or damaged goods
If you return a product in a damaged or dirty condition that exceeds normal wear and tear, as determined by Bag an Image, you agree that Bag an Image may charge your credit card and collect a repair or cleaning fee, or a replacement fee for the same or similar product if the item cannot be repaired or has been lost or stolen. Costs of any associated legas or third party fees in recovery any owed monies will be at your cost. An email will be sent notifying you of any charges to be charged to your credit card, it is your responsibility to be aware of the fee that is to be charged.

You accept sole responsibility for any items hired from Bag an Image effective from the time you sign for receipt of the items from the courier or postal delivery service. Any damage, including stains, tears, broken buckles or hardware, scratches, damaged zippers and the like will result in a fee being charged. If the items cannot be returned because they have been lost or stolen a replacement fee will be charged. It is the hirer’s responsibility to ensure the items are kept secure and in good condition whilst on hire.

Gift certificates
Gifts certificates can be purchased on www.baganimage.com.au. To purchase a gift certificate you must provide us with certain information, including credit card information. It is your responsibility to ensure this information is true and correct.

To redeem the gift certificate and use the service the person redeeming the certificate must register with Bag an Image as a member and provide their current credit card information.

Upon the purchase of a gift certificate we will email you to confirm the purchase, and send the gift certificate, electronically or via the post, this will include instructions on how to use the gift certificate.

Gift certificates are  redeemable towards hire and freight costs, it cannot be redeemed for cash.

Any remaining balance will be carried over for future hires.

Gift certificates are only available to Australian Residents.

Copyright and permissions
No part of the websites, logo, design or copy can be copied, reproduced, republished, uploaded, posted, transmitted or transmitted in any manner whatsoever, except for viewing purposes, without the express permission of the owner. Bag an Image owns all rights, title and interest in and to this website, including all trademarks, trade names, logos and domain names pertaining to the Bag an Image brand.

The use or mention of any trademarks, product names, or trade names on this site does not imply any affiliation or endorsement by Bag an Image.

Limitation of liability
All members and users of the websites agree that notwithstanding any other provision of these terms and conditions, and to the fullest extent permitted by law that Bag an Image and its affiliates, officers, agents, owners, and employees will not be liable for direct, consequential or indirect loss or damages of any kind suffered by a member or user as a result of any act or omission by Bag an Image.

The information contained on this website is derived from various sources and is believed to be true and accurate. Some errors may be unintentionally included or events may change causing the information provided to be incorrect. Whilst we will attempt to maintain the website current and accurate to the best of our knowledge, events may cause delay in this. Accordingly, you will indemnify us and hold us harmless against all loss, actions, proceedings, expenses, legal costs, claims and damages.

All members and users agree that this clause survives the expiry or termination of these terms and conditions.

Indemnity
You agree to indemnify and hold Bag an Image, its affiliates, officers, agents, owners, and employees from and against loss, liability, claim or demand, including legal costs and expenses reasonably incurred or suffered by any of the aforementioned, where the claim, action or demand was due to, or arising from your use of the service in violation of these terms and conditions and / or arising from a breach of these terms and conditions.

Termination
Bag an Image reserves the right to terminate any membership for any reason, with or without notice, if we believe you have violated our terms and conditions or abused the service provided in any way. If your membership is terminated Bag an Image will be entitled to repossess any items on hire, or charge you an equivalent replacement value where the goods are not returned. If membership is terminated as a result of a breach of Bag an Image’s terms and condition you will be responsible for all reasonable costs in enforcing Bag an Image’s rights under these terms and conditions. You agree that we will not be liable to you or any third for any suspension or termination of this service or your access to the site.

Third party links
We may provide links to other websites that may be of benefit to our members and users. Bag an Image accepts no liability for the these websites and is not responsible for the content, quality, suitability, functionality or legality of any of these sites once you leave our websites.

Any dealings you have with these businesses are solely between you and the third party. You agree that we are not responsible for any loss or damage of any sort incurred by these dealings as a result of their presence on our website.

Changes to the website
Bag an Image may amend these terms and conditions at any time, without notice to its members. It is the responsibility of users of the websites to regularly check if the terms and conditions have been updated. Use of the site indicates acceptance of these terms and conditions.

Refunds and Returns
We do not provide refunds for membership fees under any circumstance.

If for some reason you are dissatisfied with your hire or believe the description provided does not accurately reflect the items please contact us immediately to discuss a solution. We will not offer a refund for incorrect selection, wrong colour or any similar circumstance. Refunds will only be offered in limited situations where the items clearly does not meet the description provided. Refunds will not be allowed on postage costs.

Whilst we attempt to accurately describe all products and provide photo’s, we unfortunately cannot provide every single item in brand new condition. Therefore some wear is to be expected on the items, however this will be minimal and all items will be in good condition, otherwise they will not be hired out.

Other
If any part of these terms and conditions are held to be invalid or unenforceable in whole or in part, the invalid or unenforceable section will be omitted and the rest of the terms and conditions will remain valid and enforceable.

By using the websites and service Bag an Image provides, you consent to receiving electronic communications from Bag an Image. These communications will include notices about your account, and information related to the service. You agree that any communications sent electronically to you will satisfy any legal communication requirements, including that such communications be in writing. It is your responsibility to ensure that your contact details, including email address, are updated regularly in our members-only section.

The failure of either party at any time to insist on strict performance of a provision of these terms and conditions is not a waiver of its right at any time to insist on strict performance of that or any clause of these terms and conditions. These terms and conditions are governed by the laws of New South Wales and both parties submit to the exclusive jurisdiction of the New South Wales Courts.

Effective October 1 2008.