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TERMS & CONDITIONS

  1. AGREEMENT TO TERMS
    1. These Terms & Conditions govern your use of the COCOON website (the “Site”) and the use of our handbags as a subscriber (the “Service”).
    2. By using our Site and Service you accept these Terms & Conditions and you agree to comply with them.
    3. This agreement is binding between you and us as soon as you:
      1. receive the confirmation for your account and logins from us; or
      2. access or use parts of our site that are not dependent on creating an account.
    4. If you do not agree with these Terms & Conditions you must not use our Site or Service.
    5. We recommend that you print a copy of these Terms & Conditions for future reference.

  2. MODIFICATION OF THE TERMS
    1. We reserve the right to modify these terms and conditions at any time without the consent of any other parties.
    2. These changes will be documented in this section of the site and it is our customer’s responsibility to check this each time they use our site or services.

  3. ACCOUNT
    1. You can only sign up for the Service  if you are at least 18 years of age and a resident of the UK.
    2. To sign up you will provide us with your name, address, contact number, payment details and any other identification details we require. In providing these details, you confirm that the information you submit is yours, accurate, complete and up to date.
    3. You are solely responsible for maintaining the accuracy of your account information on our site.
    4. As part of the registration process, we have the right to carry out a soft credit check for identification purposes only. This will not affect your credit score in any way.
    5. In approving your membership, we may request additional information from you, including but not limited to; a copy of your passport, drivers licence and social media handles in order to fully validate your identity.
    6. We reserve the right to decline any application at our discretion, without disclosing a reason.
    7. The responsibility of the security of your account information and access is solely down to the named individual in the account. You are responsible for all activities, including purchases under your account, whether or not you authorised them. We take no liability for any loss or damage from unauthorised access or use.
    8. It is your responsibility to notify us of any unauthorised use or access of your account known or suspected by you.
    9. It can take up to one working day for us to process an application for a COCOON membership. We will confirm the status of a membership application via email.
    10. Applicants who are accepted to use and pay for the Service will be deemed as Active Members and will have an Active Membership unless terminated in accordance with these terms.
    11. We have the right to suspend, terminate, or remove your Active Membership at any time at our own discretion due to any of the reasons that are or are not defined in these terms. If an account is suspended/under investigation for loss/damage of a bag, the member is liable to pay full membership fees until the account is reinstated.

  4. PAYMENTS AND CHARGES
    1. All payments on our site are in GBP and are inclusive of UK VAT as of 1st February 2020. 
    2. You give us the pre-approval to confirm if your debit/credit card or other payment method is legitimate and has sufficient funds/credit to cover your payments.
    3. By signing up to the Service, you agree to us charging your recurring membership fee to your registered payment method each month on the same calendar date that you signed up for the Service.
    4. Any fees owed to us shall be charged directly to your registered payment method or taken from your Holding Fee as full or part payment of sums owed to us.
    5. Any refunds due to you shall be refunded to the original payment method.
    6. Upon signing up to use the Service, we will charge your registered payment method £250 to act as a deposit (the ‘Holding Fee’), which will be refunded at the termination of your membership providing no charges are outstanding.
      Update as at 17/02/2020 18:00 GMT: the Holding Fee is now £100 for all new members.
    7. You agree to notify us of any issues or discrepancies in respect to payments within 60 days after they first appear in your account. If you do not notify us within 60 days you agree to waive your right to dispute these issues.

  5. THE BAGS
    1. All bags offered on our site are in new or pre-owned, mint condition. Any signs of wear and tear on vintage items are described and photographed in the relevant product listing on the Site.
    2. All of our bags are 100% genuine and are certified by external authentication services.
    3. We source all our bags from vetted suppliers who vouch for their authenticity.
    4. The bags are as described in the site’s listings. However, the photographs are not contractually binding. The bags may differ slightly from these photographs. By using our services you agree that these photographs are only indicative of the exact quality of the bag.
    5. All of our bags are specially cleaned and maintained after each time they have been used by COCOON members.
    6. All of our bags are forensically marked and checked for authenticity each time they enter and leave the business.
    7. We will, by the use of photography and video, record the condition of the bag each time it enters and leaves the business. This will be kept on our records and used as a comparison of condition and as kept as evidence.

  6. THE SERVICE
    1. You may only use the Service once you:
      1. are an Active Member; and
      2. we have received the Holding Fee; and
      3. you have paid your membership for the upcoming month.
    2. Active Members can use a bag for the period of their Active Membership, however, after 6 months of continued use, a bag must be returned to COCOON for a routine check and service. It can then be returned to the member or swapped for a different bag.
    3. A small number of our bags are only available to rent for a one-month period. The bags included in this limitation will be noted on the specific bag’s product page on the Site. You agree that by ordering a bag with a one month limit, you will return the bag to us as agreed, otherwise we reserve the right to charge you late fees in accordance with these terms.

  7. DELIVERY
    1. We will only deliver our bags to the address authorised by you on the initial order.
    2. Each parcel will be sent via a secure courier on a tracked and signed-for delivery service.
    3. For orders placed and approved before 2pm Monday-Friday, we endeavour to deliver on the next working day before midday.
    4. For orders placed and approved from 2pm on Friday or on Saturday or Sunday, we endeavour to deliver on Tuesday before midday.
    5. It is your responsibility to confirm that the received parcel’s security seal has not been tampered with before you or your representative sign for the parcel.
    6. After two failed delivery attempts, we will charge for any further delivery requests in relation to the same order. Our bags will only be delivered if they are signed for at the address agreed for delivery and will not be left without a signature.

  8. RISK AND INSURANCE
    1. The possession period period of the bag starts when the delivery of the bag has been signed for by you or your representative and ends when the bag has been collected and scanned by the courier on a return journey to us.
    2. During the possession period the risk and responsibility for the bag will immediately pass to you.
    3. If a bag is lost, stolen or damaged during the possession period, you are responsible for the costs covering and associated with restoring or replacing the bag.
    4. You agree that during the possession period, you will take care of the bag we send you, so it is returned to us in the same condition we sent it to you.
    5. COCOON does not offer insurance cover during the possession period. We strongly advise that you take out valid home contents insurance. As part of this, you are required to notify your insurer of the bag you are hiring to ensure full coverage for any damages or losses that may be incurred. COCOON takes no responsibility for your insurance or the extent of your coverage.

  9. DAMAGE
    1. You agree to take all precautions to avoid theft, loss or damage of a bag during a possession period including, but not limited to avoiding exposing the bag to the following:
      1. Makeup
      2. Moisture
      3. Liquids
      4. Inks
      5. Paints
      6. Sharp objects
      7. Dirt or grime
      8. Grease
      9. Oil
      10. Perfume
      11. Food
      12. Strong variations in temperature
      13. Excessive sunlight
      14. Humidity
      15. Impact/shock
    2. You will not be held responsible for any damage we class as normal wear and tear which includes:
      1. Natural signs of overtime discolouration;
      2. Natural signs of wear on metal and hardware; and
      3. Replacement of simple removable parts e.g zips and hooks.
    3. If you return a bag with major damage or damage beyond normal wear and tear, you agree that you are liable for:
      1. any repairs or cleaning the bag requires to return it back to its original condition or a new for old replacement if it is beyond repair; and,
      2. all administrative and delivery costs we incur from the bag being repaired or replaced.
    4. If you return a bag with damage which is not considered to be normal wear and tear, we:
      1. Will notify you by email within one working day;
      2. Reserve the right to put your membership and any orders for subsequent bags on hold until the issue has been resolved;
      3. Will request a quote for the repair which can take up to two working days;
      4. Will be in touch within three working days with a final quote;
      5. Reserve the right to charge the full amount of the final quote to your registered payment and/or your Holding Fee.

  10. LOSS, THEFT AND COUNTERFEIT
    1. Each bag will be documented, by video or photo evidence, each time it enters and leaves the business to track it’s condition and authenticity.
    2. In case of loss, theft or any damage during the possession period, you are required to:
      1. contact COCOON immediately through (support@cocoonclub.co.uk);
      2. notify the relevant authorities of suspected theft or loss;
      3. take dated evidence of any damage, loss or theft in the case of any of these occurrences.
    3. We will conduct an investigation into any counterfeit, lost or stolen bags and may:
      1. inform the relevant authorities; 
      2. report the bag(s) as stolen; and
      3. take steps to recover the monies for the goods.
    4. You agree that if you return a counterfeit bag to us in the place of the original bag we sent to you, we will:
      1. consider the bag to be stolen;
      2. take steps to recover the monies for the goods from you; and
      3. notify the relevant authorities.

  11. RETURN OF BAGS
    1. The customer must return the original bag to COCOON in secure packaging suitable for transit.
    2. You agree to return the bag to us via a collection from a predetermined destination as agreed with COCOON, on an arranged date and time.
    3. If you fail to return a bag by a pre-agreed date, we reserve the right to charge you late fees equal to £10 per day until the bag is returned. 
    4. If you have requested a swap of a bag, we will not send your second bag to you without receiving the original bag back in a satisfactory condition.
    5. If a bag has not been returned or a renewed possession period has not been agreed within 10 days after the original period has ended, COCOON will consider the product as not-returned and will, in addition to late fees, start proceedings of collection for the full price of the item.

  12. NON PAYMENT OF FEES
    1. If your payment is declined on the date your recurring charge is due, you will be notified by email and requested to update your payment details and/or make funds available.
    2. We will reattempt to take payment a maximum of four times over the four consecutive days following a charge failure.
    3. If we are unable to take payment after five attempts, we will:
      1. deem the non-payment as notice to terminate the membership in accordance with our standard notice terms;
      2. arrange a collection for the return of the bag being used; and,
      3. notify you of any outstanding membership or late fees due to us.
    4. We operate a ‘two strike’ policy whereby we reserve the right to cancel an Active Membership and decline future applications for the Service after two payment issues including but not limited to, non payment and late payment.

  13. CANCELLATION OF MEMBERSHIP
    1. Prior to 17/02/2020 18:00 GMTA member may cancel an Active Membership at any given time with a 60 day notice period through notifying us of the cancellation request via email at membership@cocoonclub.co.uk.
      Update as at 17/02/2020 18:00 GMT: the minimum membership term for any COCOON membership is 90 days from the membership start date. A member may cancel at any given time with a 30 day notice period through notifying us of the cancellation request via email at membership@cocoonclub.co.uk.
    2. Update as at 17/02/2020 18:00 GMT: If a member would like to be released of their Active Membership immediately, they are liable to pay the remaining membership fees applicable to the minimum term membership and/or notice period and must immediately return any bags in their possession.
    3. An Active Membership will only be terminated and the Holding fee refunded once:
      1. all bags in the member's possession have been returned in a satisfactory condition; and,
      2. all amounts owed to us, including but not limited to; membership fees, damage fees and late fees have been paid. 
    4. A member is entitled to one opportunity to freeze their membership for up to 90 days, during which they will not be charged membership fees. A member must not be in possession of a bag during a frozen period of membership.
    5. If a member would like to unfreeze their membership they must contact COCOON directly. If a member has not been in contact with COCOON at the end of said 90 days their membership will be automatically renewed.

  14. OWNERSHIP
    1. The title of the bag is transferred at the start of the possession period. You acknowledge and agree that you have no right, title or interest in the bag, except that we have lent it to you and you agree to return it to us. 
    2. The agreement between you and COCOON for the Service entitles you to use a bag for your personal use only. You agree that you will not do the following with a bag in your possession:
      1. resell;
      2. loan out;
      3. allow another person to use;
      4. use the bag for any commercial or professional use unless pre-agreed with COCOON.
    3. Following six-months of continued membership, a portion of the fees which you have paid to us for the Service and/or the Holding Fee can be used as part-payment for the purchase of a bag.
    4. If a member is interested in selling pre-owned luxury and designer bags to COCOON, they should get in touch with support@cocoonclub.co.uk

  15. LIMITATION OF LIABILITY
    1. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors or fraud or fraudulent misrepresentation.
    2. We only supply the Products for private use. If you use the Products for any business purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
    3. If you are dissatisfied with the Service, the Site, or these Terms, your only remedy under these Terms shall be to terminate the Service and return our goods and to discontinue your use of the Site. Without limiting the preceding sentence, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.

  16. PRIVACY AND DATA PROTECTION
    1. Our policy is to respect and protect the privacy of anyone who visits the Site. Where we ask you for personal information via an online form, this information will only be used for the purpose indicated and will be held in a secure manner. It will not be used for any other purpose without your permission and will not be kept for longer than necessary.

  17. DISCOUNTED MEMBERSHIPS
    1. From time to time, we may offer the Service for a specified period without payment or at a reduced rate (the “Discounted Service”).. COCOON may determine your eligibility for a Discounted Service, and withdraw or modify a Discounted Service at any time without prior notice and with no liability, to the extent permitted under applicable law.
    2. For some Discounted Services, we will require you to provide your payment details. By providing such details you agree that we may automatically begin charging you for the Service on the first day following the end of the Discounted Service on a recurring monthly basis or another interval that we disclose to you in advance. If you do not want this charge, the standard cancellation policy and notice period applies, unless pre-agreed with COCOON.
    3. Details of active and past offers including for Discounted Services can be found in an addendum to these terms.

ACTIVE OFFERS

ADDENDUM TO TERMS: COCOON FIRST MONTH FREE MEMBERSHIP: information updated as at 30/01/202019

  1. New customers purchasing a COCOON membership with an eligible discount code will benefit from 1 month of complimentary membership to the value of £99. 
  2. The 1 month free membership will be applied to the checkout by eligible customers using the relevant discount code. Only one discount code can be redeemed per customer.
  3. The 1 month complimentary membership is considered a “Trial”. For Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis.  If the member chooses to cancel their COCOON membership during or after the 1 month complimentary membership, the standard cancellation policy and notice period applies (see CANCELLATION OF MEMBERSHIP terms).
  4. This offer is valid for new customers only and can be combined with the COCOON DISCOUNTED REFUNDABLE HOLDING FEE OFFER.
  5. This offer is available from 10 January 2019 via www.cocoon.club. Offer subject to end without notice.

ADDENDUM TO TERMS: COCOON 2 MONTHS 50% OFF MEMBERSHIP : information updated as at 30/01/202019

  1. New customers purchasing a COCOON membership with an eligible discount code will benefit from 2 months of membership discounted at 50% off of the standard £99 membership fee.
  2. The 2 months 50% off membership will be applied to the checkout by eligible customers using the relevant discount code, and will automatically be applied to the first and second 2nd month of membership fees. Only one discount code can be redeemed per customer.
  3. The 2 month 50% off membership will require you to provide your payment details to start the offer. By providing such details you agree that we may automatically begin charging you for the Paid Subscription at the full £99 membership fee, on the first day following the end of the offer on a recurring monthly basis.  If the member chooses to cancel their COCOON membership during or after the 2 month 50% off membership, the standard cancellation policy and notice period applies (see CANCELLATION OF MEMBERSHIP terms).
  4. This offer is valid for new customers only and can be combined with the COCOON DISCOUNTED REFUNDABLE HOLDING FEE OFFER.
  5. This offer is available from 22 January 202019 via www.cocoon.club. Offer subject to end without notice.

ADDENDUM TO TERMS: COCOON £20 FIRST MONTH MEMBERSHIP : information updated as at 30/01/202019

  1. New customers purchasing a COCOON membership with an eligible discount code will benefit from 1 months of membership discounted to the value of £20.
  2. The 1 month of £20 membership will be applied to the checkout by eligible customers using the relevant discount code. Only one discount code can be redeemed per customer.
  3. The  1 month of £20 membership will require you to provide your payment details to start the offer. By providing such details you agree that we may automatically begin charging you for the Paid Subscription at the full £99 membership fee, on the first day following the end of the offer on a recurring monthly basis.  If the member chooses to cancel their COCOON membership during or after the 1 month of £20 membership, the standard cancellation policy and notice period applies (see CANCELLATION OF MEMBERSHIP terms).
  4. This offer is valid for new customers only and can be combined with the COCOON DISCOUNTED REFUNDABLE HOLDING FEE OFFER.
  5. This offer is available from 22 January 202019 via www.cocoon.club. Offer subject to end without notice.

ADDENDUM TO TERMS: COCOON GIFT & ANNUAL MEMBERSHIPS : information updated as at 30/01/202019

  1. COCOON memberships are priced at £99 a month. Gift givers benefit from a 10% discount on 6-month memberships and a 20% discount on 12-month memberships. At the point of voucher redemption the recipient will be prompted to pay a refundable holding fee and pass an active card check. A refundable holding fee and active card check is required to become a COCOON member. This fee and the provided card details will be held against the account of the recipient for the duration of their membership in case of damages as per the DAMAGES AND LIABILITY terms.
  2. If the member chooses to cancel their COCOON membership after their gift membership, the standard cancellation policy and notice period applies. For gift and annual memberships, we’ll require recipients to provide your payment details to start the membership. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. If you do not want this charge, the standard cancellation policy and notice period applies.
  3. A bag will only be dispatched after the recipient has completed their account registration, activated their unique e-voucher code for the gifted membership period and we have received full payment of a refundable holding fee and passed an active card check. The recipient will be subject to our standard registration process, where we will carry out a soft credit check for identification purposes only. This will not affect your credit score in any way. We reserve the right to decline any application at our discretion and will issue a full refund to the Gift Giver of the membership equal to the value of the gifted membership and a full refund to the party (Gift Giver or Recipient) who incurred the refundable holding fee.
  4. The unique gifted membership code to be activated by the recipient applies a discount of 100% to the recurring monthly membership fee for the duration of the chosen 3, 6 or 12 month gifted membership. This offer is valid for new and existing customers and can not be combined with any other offer. The recipient customer is to enter their unique gifted membership code at checkout.  The membership start date is activated when the unique voucher code is redeemed. This offer is available from 31 January 2020 via www.cocoon.club. Offer subject to end without notice.

INACTIVE OFFERS

ADDENDUM TO TERMS: COCOON DISCOUNTED £1 REFUNDABLE HOLDING FEE : information updated as at 30/01/2019

1.New customers purchasing a COCOON membership from 12/12/2019 to 31/01/2020 17:00 GMT will benefit from a discounted £1 refundable holding fee. The discounted £1 refundable holding fee and active card check is required to become a COCOON member. This fee and the provided card details will be held against the account for the duration of their membership in case of damages. 

2.The discounted £1 refundable holding deposit will be refunded (to the same payment method that incurred the fee) at the termination of a COCOON membership providing any bags are returned undamaged. You will not be held responsible for any damage we class as normal wear and tear of our rental bags. The initial deposit equal to £1 will be deducted from any final cleaning\repair\delivery\replacement costs that have occurred from any damages occurred by the recipient. If the cost exceeds this value then the member will be invoiced for the additional charges to the payment details stored on file.

3.The discounted £1 refundable holding deposit will be automatically applied at the cart for all memberships added to cart from 12/12/2019 to 31/01/2020 17:00 GMT. The discounted £1 refundable holding deposit will be honoured throughout the duration of the membership. If the member chooses to cancel their COCOON membership and reinstate it at a later date, the applicable refundable holding fee at the time of reinstating the membership will be honoured rather than the discounted £1 refundable holding fee. This offer is valid for new customers only and cannot be combined with other offers. This offer is available from 12 December 2019 via www.cocoon.club. Offer subject to end without notice.

ADDENDUM TO TERMS: COCOON GIFT MEMBERSHIPS : information updated as at 12/12/2019

1.COCOON memberships are priced at £99 a month. Gift givers benefit from a 10% discount on 6-month memberships and a 20% discount on 12-month memberships. At the point of voucher redemption the recipient will be prompted to pay a discounted £1 refundable holding fee and pass an active card check. A discounted £1 refundable holding fee and active card check is required to become a COCOON member. This fee and the provided card details will be held against the account of the recipient for the duration of their membership in case of damages. 

2.The discounted £1 refundable holding deposit will be refunded (to the same payment method that incurred the fee) at the termination of a COCOON membership providing any bags rented returned undamaged. You will not be held responsible for any damage we class as normal wear and tear of our rental bags. The initial deposit equal to £1 will be deducted from any final cleaning\repair\delivery\replacement costs that have occurred from any damages occurred by the recipient. If the cost exceeds this value then the recipient will be invoiced for the additional charges to the payment details stored on file.

3.A bag will only be dispatched after the recipient has completed their account registration, activated their unique e-voucher code for the gifted membership period and we have received full payment of a discounted £1 refundable holding fee and passed an active card check. The recipient will be subject to our standard registration process, where we will carry out a soft credit check for identification purposes only. This will not affect your credit score in any way. We reserve the right to decline any application at our discretion and will issue a full refund to the Gift Giver of the membership equal to the value of the gifted membership and a full refund to the party (Gift Giver or Recipient) who incurred the refundable holding fee. 

  1. The unique gifted membership code to be activated by the recipient applies a discount of 100% to the recurring monthly membership fee for the duration of the chosen 3, 6 or 12 month gifted membership. This offer is valid for new and existing customers customers and cannot be combined with other offers. The recipient customer is to enter their unique gifted membership code at checkout.  The membership start date is activated when the unique voucher code is redeemed. This offer is available from 12 December 2019 via www.cocoon.club. Offer subject to end without notice.

ADDENDUM TO TERMS: COCOON DISCOUNTED £100 REFUNDABLE HOLDING FEE : information updated as at 30/01/2019

1.New customers purchasing a COCOON membership from 31/01/2020 17:00 GMT will benefit from a discounted £100 refundable holding fee. The discounted £100 refundable holding fee and active card check is required to become a COCOON member. This fee and the provided card details will be held against the account for the duration of the membership in case of damages. 

2.The discounted £100 refundable holding deposit will be refunded (to the same payment method that incurred the fee) at the termination of a COCOON membership providing any bags are returned undamaged. You will not be held responsible for any damage we class as normal wear and tear of our rental bags. The initial deposit equal to £100 will be deducted from any final cleaning\repair\delivery\replacement costs that have occurred from any damages occurred by the recipient. If the cost exceeds this value then the member will be invoiced for the additional charges to the payment details stored on file.

3.The discounted £100 refundable holding deposit will be automatically applied at the cart for all memberships added to cart from 31/01/2020 17:00 GMT. The discounted £100 refundable holding deposit will be honoured throughout the duration of the membership. If the member chooses to cancel their COCOON membership and reinstate it at a later date, the applicable refundable holding fee at the time of reinstating the membership will be honoured rather than the discounted £100 refundable holding fee. This offer is valid for new customers only and cannot be combined with other offers. This offer is available from 31/01/2020 17:00 GMT via www.cocoon.club. Offer subject to end without notice.

 

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