1. Acceptance of Terms and Conditions
These Terms and Conditions govern your use of the Bag Borrow or Steal website (the "Site") and all Bag Borrow or Steal services and sales of products (the "Service"). By joining our email list, you acknowledge and represent that you have read and understand these Terms and Conditions and that they become a binding agreement ("Agreement") between you and Bag Borrow or Steal, you agree to receive all communications from Bag Borrow or Steal under this Agreement electronically via email, you agree to keep your current email address updated under Profile on the Site at all times and you agree that you will be deemed to have received any notice we send to that email address. By visiting or browsing the Site, you accept these Terms and Conditions and any modifications made to them from time to time.
2. Modifications to Terms and Conditions
Bag Borrow or Steal ("BBOS", "we," "us," and "our") reserves the right, to change or terminate this Agreement. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms and Conditions. If you do not agree to any changes in the Terms and Conditions as they may occur, please arrange to terminate your account (a) by notifying Bag Borrow or Steal of your unwillingness to accept the changes to the Terms and Conditions by emailing firstname.lastname@example.org or calling us at 1-866-922-2267; and (b) by immediately returning all outstanding items and discontinuing your use of the Service and the Site.
3. The Bag Borrow or Steal Service
The Service allows registered members to access the Site and BUY or BORROW products from Bag Borrow or Steal in accordance with these Terms and Conditions. Members also agree to comply with any terms, conditions, or policies that Bag Borrow or Steal may provide to users from time to time on the site. The member can choose products to borrow from our expansive on-line selection, and have them shipped to the member's address. All of this with no due dates or limits on the number of times a member can borrow. However, we reserve the right to ask for a deposit and/or limit the number of items that a member may borrow at any time and/or to require the return of any or all borrowed items 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. The current monthly borrowing rates are outlined in detail on the Site. Also, the current shipping policies governing the delivery and return of products are detailed on the Site. 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, Bag Borrow or Steal makes no guarantees as to actual delivery time. We will send you an email letting you know when your product is shipped. The borrowing period begins the date of UPS delivery scan. The risk of loss for items shipped passes to you upon delivery by UPS. All UPS confirmed deliveries are the sole responsibility of the recipient. If you are unable to locate a confirmed delivery, you are required to contact Bag Borrow or Steal immediately to place a tracer investigation with UPS and to temporarily suspend the borrowing period. All tracers take 8-12 business days to complete and until the results of the investigation are received, we are not able to proceed with the resolution of a lost item.
If you return an item with excessive or abusive damage exceeding normal wear and tear, as determined by Bag Borrow or Steal in its sole discretion, you agree that Bag Borrow or Steal may charge your credit card and collect the full retail price for such an item. You are also responsible in the event of a theft or loss of an item and therefore you will be responsible for the full retail price immediately upon notification of the loss of the item. BORROW fees will continue to accrue until the payment is received in full. Also Bag Borrow or Steal reserves the right to close your account at any time if we notice multiple cases of excessive damage or abuse to the items you have borrowed.
Resellers- All Resellers must register with Bag Borrow or Steal. If a Reseller fails to register, their account will be terminated immediately. In addition, Resellers, registered or un-registered, will be subject to the following provisions: (a) No rewards will be earned, (b) all sales are Final Sale and cannot be returned, (c) Resellers cannot use the Bag Borrow or Steal trademarks, and (d) we reserve the right to terminate the relationship at any time without notice.
Bag Borrow or Steal reserves the right to cancel any order at any time prior to delivery to the customer. In the event an order is canceled, the funds authorized or charged are released by Bag Borrow or Steal and are then subject to the rules of your financial institution, in determining the time that you will have the funds back.
4. Becoming a Member and Obtaining an Account
Before you can begin use of the Service, you must register through the Site to obtain an account. By registering as a member through the Site you are providing 'written instructions' to Bag, Borrow, or Steal under the Fair Credit Reporting Act authorizing Bag, Borrow, or Steal to obtain information from your personal credit profile or other information from Experian. You authorize Bag, Borrow, or Steal to obtain such information solely to confirm your identity to avoid fraudulent transactions in your name. Typically this is done when requesting a "Credit Check Required" item HOWEVER we reserve the right to perform this at any time an order is placed. You must be 18 years of age or older to register as a member and use the Service. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Personal Information section of the site 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 suspend or terminate your Account and refuse to offer you any and all current or future use of the Service and the Site. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately. In order to provide you with ease of access to your Account, we may place a cookie (a small text file) on the computers from which you access the Site. When you revisit the Site, this cookie will enable us to recognize you as the Account holder and allow you to more easily access your Account.
5. Gift Cards
We offer Gift Cards that can vary in amount and be applied toward any Bag Borrow or Steal service or item. In purchasing a Gift Card, you authorize us to charge your credit card. Gift Cards are subject to the additional terms and conditions set forth on the "Gift Card" page.
When you join as a member you will be required to provide Bag Borrow or Steal with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By signing up for the Service, you authorize Bag Borrow or Steal or its agent to bill your credit card for the applicable per-item purchases or borrowing fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. Other fees will be charged to your credit card as you incur them.
If Bag Borrow or Steal does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services and you authorize Bag Borrow or Steal to charge outstanding fees and other amounts due us against any credit card you have on file with us. Bag Borrow or Steal reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. Bag Borrow or Steal reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
You are solely responsible for any and all fees charged to your 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 90 days after they first appear on your Account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
We may modify the price, content, or nature of the Service at any time. Upon users becoming a member, that membership continues indefinitely until terminated. Bag Borrow or Steal or the member can terminate at any time at their discretion. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.
We reserve the right to determine whether your credit card(s) is/are pre-authorized to accept a minimum charge equal to each handbag and/or accessory BORROW or BUY. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding items and/or that you provide a second valid credit card before continuing to use the Service.
Typically an initial authorization for $1.00 is processed; this is to verify the validity of the card. There will then be a second authorization for the actual amount of the BORROW or BUY. Once the order has gone through and shipped, only the actual amount of the order and any applicable taxes/fees will be charged. In the event an order is canceled, the funds authorized are released by Bag Borrow or Steal and are then subject to the rules of your financial institution, in determining the time that you will have the funds back.
8. Reward-Loyalty Points
Reward points are accrued by: 1 Reward point for every dollar spent on all BORROWS and BUYs. Every 1000 points converts to $10 in Loyalty Rewards. These can be used towards the first borrow term of an in-stock item. Reward points cannot be used towards BUYs, expedited shipping, return shipping of a purchased item, or BORROW renewal fees. Reward points do not have cash value, cannot be exchanged for store credit, and cannot be transferred to another account. Your reward points will expire after 12 months if there are no transactions in your account. The 12 month period begins with the most recent transaction in your account. All reward points will be forfeited when an account is terminated for any reason or if an account goes into default or outstanding status, owing any fees for current borrow items.
Bag Borrow or Steal BUYs may be returned for a Merchandise Credit (minus any expedited shipping fees) within 4 days of the customer's receipt. The Authenticity tag must not be removed or reattached. The item must be unworn and in the original condition it was sent.
Customers are responsible for return shipping and insurance. Original expedited shipping fee is non-refundable. There will be no exceptions for returns outside this policy and Bag Borrow or Steal is not responsible for those items. Any item stated FINAL SALE is not eligible for any return or refund.
Bag Borrow or Steal will also accept BORROW returns if: 1) the item has not been worn/carried, 2) the Authenticity tag is attached AND 3) the item is scanned by UPS for return within 2 business days of receipt. If the tag is unattached there will no refunds on the initial BORROW term. For BORROW renewals, if the item is in return transit within two business days of the renewal date, a full credit card refund will be issued. Any items sent back outside the two business days will be charged the BORROW fee and will not be applicable for a refund. An item may be returned earlier than renewal date, however the charge stands and no prorate or refund will be made for the unused time.
For any refunds/credits of returned items, please allow 2-3 business days after the item has arrived at our Fashion House, in order for us to inspect and process the return. After the return is confirmed valid, the refund will be issued.
All refunds/credits will only be issued to the original form of payment.
10. Actual Damages, Liquidated Damages, Attorneys' Fees and Costs
Actual Damages- In the case of a failure to pay any debts or to return any item(s) when due to Bag Borrow or Steal (hereinafter, a "default"), you will be liable to Bag Borrow or Steal for its ACTUAL DAMAGES, including but not limited to the then-current borrow payment for each item until said item is received by Bag Borrow or Steal in an undamaged condition. If said item has not been returned in an undamaged condition before the expiration of 90 days after the date of default, then Bag Borrow or Steal at its option may alternatively charge you the MSRP as maintained by Bag Borrow or Steal for that item, plus 90 days rent from the date of default, or seek to recover the wrongfully-retained item plus all rent owed to the date of recovery of the undamaged item. If suit is filed, Bag Borrow or Steal may assert these measures of damage simultaneously. If an item is not recovered, or if it is recovered in a damaged condition, then Bag Borrow or Steal will charge you the MSRP as maintained by Bag Borrow or Steal for said item, plus 90 days rent from the date of default.
Liquidated Damages- Bag Borrow or Steal spends significant internal resources on its efforts to reduce and recover losses flowing from customer non-payments, from the theft and/or wrongful retention of its products, and from other improper, negligent or fraudulent acts. Because the amount of these internal losses are extremely difficult to calculate, you agree that Bag Borrow or Steal is also entitled to collect LIQUIDATED DAMAGES-IN ADDITION TO ITS ACTUAL DAMAGES-if Bag Borrow or Steal commences collection or legal action to recover any amounts due from you, and/or to recover property wrongfully retained by you. In all cases, the LIQUIDATED DAMAGES will consist of a $500 per-item charge for each item that remains unpaid and/or unreturned at the time that Bag Borrow or Steal commences collection or legal action, which sum is intended to compensate for the expenditure of Bag Borrow or Steal's internal resources as a result of your breach of contract, fraud or other wrongful or negligent acts. In cases where Bag Borrow or Steal has been unsuccessful in recovering its merchandise in an undamaged condition prior to the entry of a judgment against you, then Bag Borrow or Steal's LIQUIDATED DAMAGES will also include an additional 90-day BORROW charge to cover the period from day 91 through day 180 following your default. This second, 90-day BORROW period is intended to provide a reasonable estimate of Bag Borrow or Steal's additional lost BORROW income caused by your wrongful retention of Bag Borrow or Steal's property. It will be charged to you at the same rate as was actually charged for the first 90-day default BORROW period. You understand and agree that the LIQUIDATED DAMAGES of (i) $500 per item plus (ii) the second, 90-day borrow period for items that are not recovered in an undamaged condition, are not a penalty, but instead are reasonable and necessary estimates of the sums needed to compensate Bag Borrow or Steal for the loss of its internal resources and for the loss of its future BORROW income.
Attorneys' Fees, Costs and Interest- If Bag Borrow or Steal commences litigation to recover its property from you, to recover ACTUAL DAMAGES, and/or to recover LIQUIDATED DAMAGES; you agree that the substantially prevailing party will be entitled to recover its reasonable attorneys' fees and expenses of litigation. You further agree that Bag Borrow or Steal will be entitled to recover prejudgment interest on its ACTUAL DAMAGES and it's LIQUIDATED DAMAGES from the date of default to the date of judgment entry at the rate of 12% per annum.
Reservation of Rights- Bag Borrow or Steal expressly reserves its right to seek additional elements of actual damages other than those expressly identified above.
The Site may allow you and other third parties to post reviews or comments concerning the Service or the products we distribute. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of Bag Borrow or Steal, or its shareholders, directors, officers, or employees. Bag Borrow or Steal may review and delete any content, in whole or in part, that in the sole judgment of Bag Borrow or Steal violate these Terms and Conditions or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Bag Borrow or Steal, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service or the Site.
We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings on message boards on the Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and the Service. Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by Bag Borrow or Steal will not infringe on or violate the rights of any third party.
Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
13. Use Restrictions
You will not use the Site or Service to:
(a) Upload, post, email, or otherwise transmit any Submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(d) Upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) Upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(f) Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;
(g) Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(i) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
(j) "Stalk" or otherwise harass another;
(k) Write comments that in any way refer to persons under 18 years of age;
(l) Collect or store personal data about other users.
14. Access Limits
Unless otherwise specified, the content on the Site is for your personal and non-commercial use; Bag Borrow or Steal grants you a limited license to access the Site solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without the express written consent of Bag Borrow or Steal. Any and all unauthorized uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not:
(a) Use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts).
(b) Frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
15. Disclaimers of Warranties; Limitations on Liability
The Service (including the products provided under the Service or purchased through the Site), and the Site and its contents, are provided "as is"; Bag Borrow or Steal makes no representations or warranties of any kind with respect to the Service, gift cards, products provided with or sold by the Service, the Site, or any contents therein. Bag Borrow or Steal assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, 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 Bag Borrow or Steal, or any conduct by users of the Site. Bag Borrow or Steal reserves the right to refuse to ship products in its sole discretion. BAG BORROW OR STEAL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. In addition, Bag Borrow or Steal does not represent or warrant that the information on or accessible via the Site or through the Service is complete or current.
You agree to indemnify and hold Bag Borrow or Steal, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions.
17. Intellectual Property
BAG BORROW OR STEAL is a trademark of Bag Borrow or Steal. All Bag Borrow or Steal graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Bag Borrow or Steal. Any trademarks not owned by Bag Borrow or Steal 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 Bag Borrow or Steal. 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 Bag Borrow or Steal, its licensors, or its product suppliers, and is protected by United States 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.
You agree that we, in our sole discretion, may terminate your password, Account, or use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.
19. Links and Advertising
We may provide, or third parties may provide, links to other Web sites 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. BAG BORROW OR STEAL IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE 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 between 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.
20. Service Tests
Bag Borrow or Steal tests aspects of its Service from time to time. Bag Borrow or Steal reserves the right to include you in such tests without notice.
21. Governing Law, Jurisdiction, Venue and Arbitration
These Terms and Conditions are governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. BY ACCEPTING THIS AGREEMENT AND USING THE SERVICE, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN KING COUNTY, WASHINGTON, FOR ANY COURT ACTION OR PROCEEDING DEEMED NECESSARY BY BAG BORROW OR STEAL TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT BAG BORROW OR STEAL FROM THEFT OR FRAUD. AT BAG BORROW OR STEAL'S SOLE OPTION, BAG BORROW OR STEAL MAY ALSO COMMENCE ANY COURT ACTION OR PROCEEDING TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT BAG BORROW OR STEAL FROM THEFT OR FRAUD, IN THE FEDERAL OR STATE COURTS IN THE STATE WHERE YOU RESIDE, OR IN THE STATE WHERE THE PROPERTY IS LOCATED.
Any other controversy or claim arising out of or relating to these Terms and Conditions, the Service, the Products, or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in King County, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Washington law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
22. Claims of Copyright Infringement
It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or know of someone who is making unauthorized use of the content of the Site, please contact our registered agent for notice of copyright infringement under the DMCA and notify us of your concern by submitting a written notice to us at the following address:
800 Fifth Avenue
Seattle, WA 98104
All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.
Bag Borrow or Steal'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 Bag Borrow or Steal. These communications will include notices about your Account (e.g., shipping and receiving emails and other transactional information) and information concerning or related to the Service. 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. Bag Borrow or Steal is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms and Conditions comprise the entire agreement between you and Bag Borrow or Steal and supersede all prior agreements between the parties regarding the subject matter contained herein.
Effective November 14, 2016