Subscription - Terms & Conditions

1.Definitions
A. “B&B
means The B&B design PTY LTD (ABN: 33 149 553 097), who will be supplying the Accessory for the Customer to hire.

B. Bag
means all item(s) supplied B&B to the customer.

C. “Business Day”
means a day that is not a Saturday, Sunday or public holiday anywhere in Australia.

D. “Customer/and or Client"
means the individual who is hiring out the Accessory supplied by B&B over the age of 16 and accepts the Terms and Conditions (by checking the box that states that the Customer Accepts) of hiring the Accessory.

E. “Damage(s/d)”
means any damage including, but not limited to, a stain, mark, tear, discoloration/changes to original colour, faultiness, caused to the Accessory during the Hire Period, whilst in the possession of the Customer.

F. “Debt Collectors”
means any insurer or solicitor/barrister, which B&B have retained to collect any outstanding fees owed by the Customer.

G. “Delivery Date”
means the date in which the Courier makes or attempts to make the delivery of the Accessory to the Customer.

H. Despatch Date”
means the date that the bag has been sent by B&B to the Customer via courier.

I. “Hire Period”
means the duration between the Delivery Date and Return Date.

J. “Hire Fee”
Means the cost to hire the bag for the Hire Period.

L. “Insurer”
means (name of insurance)

M. “Payment”/“Payment Card”
means Mastercard, Visa and Amex

O. “Personal Details”
means any personal information which include but is not limited to copy of driver’s license, passport or identification card, full name, date of birth, address, phone number, email and payment card details, which the Customer has registered onto belleandbloom website.

P. “Return Date”
means the date in which the Customer must lodge the delivery of the Accessory with Australian Post by. It also means the date in which the Customer must provide B&B a tracking number to show proof of lodgment.

2. Agreement of Subscription

A. An Agreement of Hire is formed once the Customer accepts the Terms and Conditions and makes payment of the Hire Fee. Effectively, Belle& Bloom will then agree to supply the bag to the Customer for the Hire Period on a monthly basis..

B. The Agreement of subscription binds B&B the Customer to the obligations of the Terms and Conditions.

3. Payment of Hire Fee

A. Upon accepting the Terms and Conditions, the Customer will be directed to make payment, which will in effect process the Agreement of Hire (provided the payment is approved).

B. Payment will take in the form of one of the following options:

i. MasterCard;

ii. Visa; or

iii. Paypal


C. The Customer acknowledges and agrees that the Cancellation Fee is a reasonable estimate made at the time of entering into the Agreement of Hire and that it is the anticipated loss that Luxe will suffer by reason of cancellation.

D. The Customer acknowledges and agrees that B&B will keep the Customer’s Personal Details confidential and in its system until the Customer de-registers their account with B&B

i. In the event that there are debts owing for a stolen and/or damaged Accessory, B&B will keep the Customer’s Personal Details until all and any Penalty Fees are paid in full whether the account remains registered or has been de-registered; and

ii. If the Customer has any unpaid fees such as; additional daily fee, damage fee etc B&B will deduct the owing amount from the Customers card saved on file.

E. The Customer acknowledges and agrees that B&B can and will use the Customer’s Personal Details if the Customer is in breach of the Agreement of Hire which may include, but is not limited to the following;

i. Damage(s) caused to the Accessory;

ii. Stealing the Accessory;

iii. Returning the Accessory after the return date; and

iv. Any cancellations that render a penalty, pursuant to Clause 6C.

4. Damages

A. Where an Accessory has been returned with Damage(s), B&B will charge a Penalty Fee and bill the Customer for the costs of fixing the Accessory if not fixable B&B will charge the amount of $49 from the Customer’s Payment Card or take any necessary action at its sole discretion without notice.

i. The bill will be emailed to the Customer in the format of a tax invoice.

ii. After 24hours of having billed the Customer, B&B will then withdraw the amount from the Customer’s Payment Card unless stated otherwise.

B. Pursuant to clause 3, the Customer acknowledges and agrees to B&B withdrawing from their Payment Card the amount which has been set out on the tax invoice and emailed to the Customer after 3 days.

C. Where the Penalty Fee is not available on the Customer’s Payment Card, B&B will make an attempt to contact the client to organize a Repayment Plan.

5. Stolen or Unreturned Goods

A. In the event that the Customer or any third party has stolen, lost or has not returned the Accessory within the 30days time frame, B&B will withdraw the full amount of $49.

i. Where B&B is satisfied that the Customer has stolen the Accessory, B&B will provide the Customer’s Personal Information and bank account details to the Police and/or Debt Collector for prosecution.

C. In the event that the stolen Accessory has been returned and is not damaged the B&B will revert back to the monthly debits and a new bag will be sent.


E. The Customer is liable if the bag is not returned in the same condition that it was received. This includes but is not limited to, the accessory and the original dust bag the accessory comes in. In the event that the client returns the bag with no dust bag nor box, the client will be liable for the cost of the accessory's orignal dust bag.

6. Delivery and Return

A. All orders must be placed by 12pm. AEST (Australian Eastern Sydney Time). Orders placed after that date will be processed the next day.

B. A tracking number will be provided to the Customer to track.

C. Delivery Date takes effect when the Customer signs for the delivery, whether it is with the courier or Post Office.

i. The Accessory cannot be left unattended and must be picked up and signed for by the Customer at the Post Office specified by the courier.

D. Return Date takes effect as soon as the Customer has lodged the Accessory with the Post Office and notifies Luxe with a tracking number.

i. The Customer has the responsibility to re-package the Accessory in accordance to B&B instructions to ensure that it is protected, subject to minimal damage and returns the way it arrived.

ii. The Customer will be liable for any damage(s) made to accessory via transit if it was not packed/protected in accordance to B&B packing instructions

iii. The Agreement of Hire and Hire Period will cease at the moment the item is returned.

iv. The Customer no longer has responsibility or liability over the Accessory after the Return Date unless there is an outstanding amount due.

v. The Customer however will be responsible and liable for any damages that occurred during the Hire Period.

E. Luxe will deliver the Accessory via Express Post through Australia Post. The Customer must be aware of the following;

i. Express Post covers 80% of Australian business addresses, private addresses and Post Office boxes;

ii. Service operates between all capital cities except Darwin and Perth CBD and some major centers;

iii. Outside metropolitan areas guaranteed service is to and from townships only;

iv. If the address is outside the Express Post network, Australia Post will use the fastest possible transport links, however does not guarantee Next Day Delivery; and
v. If the customer has given B&B the wrong postal address the customer will be liable for the bag if is lost/stolen.

F. A reminder email will be sent 7 days prior to the due date where the customer will be given the option to return and choose the next bag OR keep and own the bag with an additional payment of $49.
If the customer chooses to own the bag B&B will charge $49 and skip a month unless the customer instructs us via email to send a new bag and not wait 1 month. In this case there will be the monthly $49 charge and an additional $49- charge for the previous bag purchase.

G. If the return date lands on a public holiday the individual will not be charged a late fee.

7. Repayment
If the Customer defaults on the agreed payment plan, B&B will resort to taking legal action through its nominated debt collectors at its sole discretion without notice until all Penalty Fee(s) are recovered from the Customer by B&B

8. Cancellation

A. The subscription cancellation must be made by the customer 7 days before Dispatch date.

B. In order to cancel a cancelation email needs to be be sent to stating the order number to info@belleandbloom.com.

C. Where cancellations are made less than 7 days prior to the charge Date the termination will be effective from the next month.

D. Regardless of whether the Customer chooses to use or not use the bag, the Customer will be charged the Hire Fee until cancelation becomes effective.

For full Cancellation Policy, click here
.


9. B&B Obligations

Subject to the Terms and Conditions, B&B has the following obligations to the Customer:

A. To process all Agreement of Hire in a timely manner;

B. To ensure that the Customer receives the Accessory by the time the Hire Period takes effect;

C. To keep the Customer’s entire account confidential, unless B&B is satisfied that the Customer has committed a criminal offence by way of theft and/or fraud of the Accessory. In that case, the Customer’s entire account will be released only to its Insurer and the Police and/or Debt Collector for prosecution purposes.

D. To not mislead or deceive the Customer in any way in relations to the Hire Fee or conditions of the Accessory. and

E. To make all attempts to contact the Customer (i.e. mobile, SMS, email and/or letter) when the Accessory has not been returned before releasing the Customer’s details to the Insurer or Police.
F. Luxe has the right to refuse anyone who does not meet the security requirements. (i.e. identification, proof of residential address etc). If customer refuses to provide the required details, B&Bwill forfeit the loan and refund the subscription fee,

10. Customer’s Obligations

Subject to the Terms and Conditions, The Customer has the following obligations to Luxe and the Accessory:

A. To ensure that the Accessory is not damaged or stolen by themselves or a Third Party;

B. To return the Accessory by the agreed Return Date;

C. To not transfer possession of the Accessory to a Third Party; and

D. To notify Luxe and make a Police Report if the Accessory has been stolen.

E. To pay any and/or all Penalty Fee(s) that they have incurred in a timely matter which has been set out by B&B



11. Privacy

A. By Subscribing you become a member of B&B membership club, the Customer accepts and understandings that B&B will take appropriate steps to verify the Customer’s Identification and MasterCard, Visa or Paypal accounts.

B. By agreeing to the Terms and Conditions set out by B&B in an Agreement of Hire, the Customer accepts and acknowledges the following;

i. The Customer’s Personal Details will be released to the Insurer and Police and/or Debt Collector if B&B is satisfied that the Customer has stolen the Accessory.

ii. The Customer’s personal details will be released to the Insurer and Debt Collector if the Customer has failed to pay any and/or all owing Fees in a reasonable amount of time which B&B has provided to the Customer.

C. By agreeing to the Terms and Conditions, the Customer acknowledges that the Customer has read and also agrees to the Privacy Policy.

12. Indemnity

A. The Customer agrees to indemnify and not hold B&B and any of its partners, employees, subsidiaries and affiliates of any loss, liability or claim arising out of the Agreement of Hire.a bag subscription.

13. Terms and Conditions

A. By entering into the Agreement of Hire, the customer agrees to the following:

iii. That the Customer is bound to the entirety of the Terms and Conditions that B&B has set out;

iv. That the Customer’s failure to make payments for Stolen or Damaged Accessory will warrant B&B to notify the Police and/or Debt Collector to prosecutor and/or recover the owing amount; and

v. That the Terms and Conditions may be subject to change at any time, thus, the Customer must read the Terms and Conditions each and every time a new Agreement of Hire is made with B&B