BAGSQUAD 2018 (EX DRESSGANG)
Welcome, and thanks for using bagsquad.com (ex dressgang.com)! When you use our products and services, you’re agreeing to our terms, so please take a few minutes to read over the User Agreement below.
Note: You are entering into a legally binding agreement
Last revised on April 7, 2018
Through the Services, we aim to give you access to beautiful designer bags, stylist advice and other content to help you decide which items are perfect for you.
When you use our Services, you are entering into a legal agreement and you agree to all of these terms.
You agree that by clicking “Sign Up” or similar, registering, accessing or using our services, you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with ‘BAGSQUAD’ or ‘we’.
Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.
2.1. Service Eligibility
Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any clothing or accessories (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.
2.2 Modification of the Services or the Terms
The company may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, BAGSQUAD will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided upon registration.
3. Rental and sale of products
3.1. General Conditions
The Services include the rental and sale of Products. This Section 3(1) sets out terms and conditions that apply to your rental or purchase of any Product.
Products may be rented or purchased for use by individuals under 18 years of age, but we rent and sell only to adults, who may rent or purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.
You acknowledge and agree that we may place limits on the rental or purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products for any reason, including but not limited to availability concerns.
Your Products may be ordered and couriered to you on the same day for certain orders placed by 2 p.m. for delivery in Los Angeles, subject to the additional delivery charge specified on the Site or App. Otherwise, all deliveries outside of Los Angeles will be through our shipping partners, which may change from time to time at BAGSQUAD’s discretion. The shipping method used will be at the discretion of BAGSQUAD.
If you do not pay the amounts you owe to BAGSQUAD when due, then BAGSQUAD will need to institute collection procedures. You agree to pay BAGSQUAD’s costs of collection, including without limitation reasonable attorneys’ fees.
The following additional conditions apply to the rental of any Product.
The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Site or App for your rental of the Product. When you place your rental order for a Product, you hereby authorize DressGang to charge your payment card for the Rental Fee. DressGang will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site or App is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize DressGang to charge your payment card for an amount equal to 200% of the original retail value of the Product (when new) set forth on the Site or App (“Retail Value”) plus applicable sales taxes; provided that DressGang will only charge your
payment card for an amount greater than the Rental Fee as described below. Rental Fees exclude all local taxes, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by DressGang, shall be paid by you to DressGang in connection with your rental order
3.5 Cancellation Policy
You may cancel your rental order subject to the following cancellation fees and policies:
If you cancel thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
If you cancel less than thirty (30) days but more than fourteen (14) days in advance of the delivery date, you will not receive any refund, but you will receive a full credit to your DressGang account for the Rental Fee associated with the cancelled order. This credit can be applied to any future DressGang rental.
If you cancel fourteen (14) or fewer days in advance of the delivery date, you will receive a credit to your DressGang account for the Rental Fee associated with the cancelled order, minus a cancellation fee of 10€.
3.6 Return Packaging
With delivery of the Product, DressGang will provide you with a pre-paid, pre-addressed DressGang carrying case or mailing envelope (as the case may be) as well as instructions for your use in returning the Products to DressGang (“Return Packaging”). The DressGang carrying case is not yours to keep. If the DressGang carrying case is not returned you will be charged a $50 fee (details below under “Lost Return Packaging”).
3.7 Receipt of the Products
Upon delivery, you bear responsibility for the Product(s). If however, you opt to have the Products delivered in New York City by courier service, you agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, DressGang does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which DressGang will not be liable. You will be liable for all such delays and additional delivery fees.
3.8 Use of the Products
You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
3.9 Return of the Products
You agree to return the Products to DressGang in the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. You may extend your order for a Product on the Site, App or by phone to DressGang; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. You must return the Product by delivering the Product in the Return Packaging before the date that the Product is due.
If you return the Products late or not at all, a late fee of fifty euros (50.00€) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to DressGang for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 200% of the Retail Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within twenty (20) days after the return date for the Product, your late return will be considered a non-return and DressGang will charge your payment card the maximum late fee, less any late fees that you have already paid, plus applicable sales tax.
PAYMENT OF 200% RENTAL VALUE DressGang will not charge you for more than an amount equal to 200% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section, excluding collection costs. If you pay DressGang an amount equal to 200% of the Retail Value under this Section and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section.
If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing DressGang with a tracking number. Also, if you lose or fail to return the DressGang carrying case you will be charged 20 €. If you still possess the DressGang carrying case, it is yours to keep, though on an “AS IS” basis without warranty of any kind.
LIMITED WARRANTIES. The following are the limited warranties DressGang provides in connection with Product rentals. DressGang’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by DressGang.
CORRECT PRODUCTS. We will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or is otherwise unavailable. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site or App.
CLEAN AND READY TO WEAR. The Products will be professionally cleaned and delivered ready to wear. DressGang dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and DressGang shall not be held liable for any health-related complaints associated with any Product.
SIZING RETURNS. If your Product does not fit you, then you may return the Product to DressGang within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting DressGang at email@example.com and returning the Product in conformance with the return procedures above (a “Sizing Return”). DressGang will then issue you a credit for the full Rental Fee (less delivery charges) of the Product for a future rental by you of our Products, so long as the Product, in our sole discretion, has not been worn.
BACKUP PRODUCTS. If you order a Product hereunder, you may also order a backup Product (at the same or lower price tier as the first Product) (a “Backup Product”) for a reduced rate, as set forth on the Site or App, for the same time period that you order the first Product. Any Backup Products must be returned together with the Product with which it was ordered. These Terms apply to any Backup Products just as to any other Product; provided that the sizing guarantees and credits described under “Sizing Returns” do not apply. We may discontinue the availability of Backup Products at any time.
The following additional conditions apply to the sale of any Product.
PRODUCTS ARE USED; ALL SALES ARE FINAL AND “AS IS.” You acknowledge and agree that only those Products designated by us on the Site or App as available for purchase are eligible for purchase by you. EXCEPT FOR INTIMATES, SHAPEWEAR AND BEAUTY PRODUCTS, THE PRODUCTS FOR SALE HAVE BEEN PREVIOUSLY RENTED BY OTHER CUSTOMERS AND ARE NOT NEW. DressGang will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.
PURCHASE PRICE. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site or App in connection with your purchase of the Products. Purchase Price is as listed on the DressGang website at the time of purchase, and is subject to change. DressGang reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize DressGang to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude taxes, fees, customs, duties, levies
and other governmental assessments, all of which shall be paid by you directly or, if paid by DressGang, shall be paid by you to DressGang in connection with your purchase order. Purchase orders are final and cannot be cancelled.
4. Special Trial Programs
4.1. General Conditions
DressGang provides certain trial programs, as described under this Section 4. This Section sets out terms and conditions that apply to your participation in any of these programs.
CHANGES TO PROGRAMS. DressGang reserves the right to add, remove or modify trial program benefits at any time, but we will use reasonable efforts to notify you of any material changes. In the event of any such material change, you may cancel your subscription immediately upon notice to us, and we will give you a prorated refund for the remainder of your current subscription period. Any increases in fees that we introduce will apply to subsequent subscription renewal periods. YOUR CONTINUED PROGRAM SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
FAILURE TO PAY FEES. We reserve the right to pursue any amounts you fail to pay in connection with any trial program in accordance with these Terms.
TERMINATION. We may terminate any of the trial programs, or your membership in any of these programs, at any time. If we do so, we will give you a prorated refund for the remainder of your current subscription period. However, we will not give any refund for termination related to conduct that, in our discretion, violates
any terms or conditions set out in these Terms or any applicable law.
4.2. DressGang Pro
The following additional terms and conditions apply if you subscribe to our DressGang Pro service (“DressGang Pro”).
DressGang PRO SERVICE. If you subscribe to DressGang Pro, you will be entitled to certain benefits when you rent Products.
FEES. If you subscribe to DressGang Pro, DressGang will charge you a recurring automatic annual subscription fee. The current DressGang Pro subscription fee is set to 35 €, but is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorize DressGang or our third party payment processor to charge your payment card for the applicable DressGang Pro subscription fee. DressGang Pro subscription fees are non-refundable except as expressly set forth below. Taxes may apply on DressGang Pro subscription fees.
SUBSCRIPTION CANCELLATION AND RENEWAL. You may cancel DressGang Pro at any time, but your cancellation will be effective at the end of the current annual subscription period. This means your DressGang Pro subscription will continue for the remainder of that period and you will not receive a refund. Your Pro subscription renews automatically on an annual basis at the then current fee and benefits then in effect until you cancel.You may cancel or renew DressGang Pro or find out more information about your DressGang Pro subscription, including your annual expiration date, by contacting firstname.lastname@example.org.
5. Use of the Services
5.1. DressGang Content
CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“DressGang Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The DressGang Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any DressGang Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the DressGang Content.
UPDATES We may update the DressGang Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to email@example.com. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
5.2 Third Party Content
LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-DressGang websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and DressGang is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from DressGang, and DressGang has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that DressGang endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
5.3. Acceptable Use Policy
USE OF DressGang CONTENT. No part of the Services, including the DressGang Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that DressGang authorizes you to view, copy, download, and print DressGang Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the DressGang Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the DressGang Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the DressGang Content.
USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which DressGang considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a DressGang representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations. You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
5.4. Your Content
If you post, upload or make available to DressGang or the Services, or otherwise submit to or through DressGang as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to DressGang a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize DressGang to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
5.5. Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify DressGang promptly of any unauthorized use of your account or password.
6. Disclaimer and Limit of Liability
6.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, DressGang (AND THOSE THAT DressGang WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
6.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS DressGang HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), DressGang (AND THOSE THAT DressGang WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF DressGang (AND THOSE THAT DressGang WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) EU € 1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DressGang AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF DressGang HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Agreement anytime we want.
DressGang or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose your feedback;
Members’ and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
Sections 4, 6 and 7 of this Agreement;
Any amounts owed by either party prior to termination remain owed after termination.
You can visit our Help Center to learn how to close your DressGang account.
8. Dispute Resolution
In the unlikely event we end up in a legal dispute, it will take place in Greek courts, applying Greek law.
You agree that the laws of Greece, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the greek courts and we each agree to personal jurisdiction in those courts.
9. General Terms
Here are some important details about how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Agreement, that does not mean that DressGang has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that DressGang may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the Services.