TERMS & CONDITIONS


  1. AGREEMENT TO TERMS
    1. These Terms & Conditions govern your use of the COCOON website (the “Site”) and your COCOON membership including use of our handbags as a member (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 visitors’ and members’ 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 for the Service, 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, utility bill 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. Responsibility for the security of your account information and access is solely down to the named individual on the account. You are responsible for all activities, including purchases under your account, whether or not you authorised them. We accept 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.
    12. Membership start date begins when you sign up and pay for membership. If you would like to delay your charge date until you have selected a bag, you may do so by getting in touch with membership@cocoonclub.co.uk who can delay your next payment date, giving you your full month membership term before your next charge date. This can be delayed for up to 14 days from the initial purchase period. 


  4. FEES, PAYMENTS AND CHARGES
    1. All payments on our site are in GBP and are inclusive of UK VAT
    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. If you have a quarterly membership, you will be charged on the same date every 3 months. This is considered the “Membership Billing Cycle”.
    4. By signing up to the Service, you agree to having an active method of payment on your account at all times. If you cancel your payment method or remove your payment method from your account, this will be considered cancellation of your account without the due notice and having a bag without an active Membership, and the clauses relating to the return of bags will apply immediately, including clause 8. 
    5. If you wish to change your membership from monthly to quarterly or vice versa, please reach out to membership@cocoonclub.co.uk
    6. 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. 
    7. Any refunds due to you shall be refunded to the original payment method.
    8. Upon signing up to use the Service, we will charge your registered payment method £50 to act as a deposit (the ‘Holding Fee’), which will be refunded at the termination of your membership providing no charges are outstanding. Any other amounts for Holding fees will be refunded against their original amount. 
    9. 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.
    10. If at any point during the Service or at the end of your Active Membership, you fail to return a bag to us, you will be charged in full for that bag, as well as any membership fees due until the day the bag is collected. 
    11. We charge the following membership fees for the following membership tiers: 
      1. Light: £49 per month, or bought quarterly at £132 for three months. 
      2. Premium: £79 per month, or bought quarterly at £201 for three months.
      3. Deluxe:  £99 per month, or bought quarterly at £238 for three months. 
      4. Weekly Multi-bag Pass: charged weekly at £29 per week, for up to a maximum of 4 weeks, only available to Active Members after they have completed one full month of paid membership. Thereafter, you will be moved onto an additional membership and asked to put down a holding deposit and have the same notice period requirements as all memberships. If you choose a bag from a higher collection as the bag for your weekly Multi-bag pass, you will be asked to upgrade your membership tier to the higher membership for at least 1 month 
    12. Additional Bag Swaps: £10. These are charged when you are swapping your bag more frequently than your membership tier allows; 
      1. Light: 1x Swap per month
      2. Premium 1x Swap per month
      3. Deluxe 2x Swap per month;
    13. Additional Memberships: These are only available at the same level as the main membership, and can be billed monthly or quarterly. Additional memberships are subject to additional Holding Fees per extra membership, as well as all of the same terms and conditions.
      1. Holding Deposit: £50
      2. Additional Bag Swaps
    14. Membership upgrades and downgrade fees: 
      1. You may upgrade your membership at any time by checking out with a membership upgrade, or by contacting us directly at membership@cocoonclub.co.uk 
      2. You will be charged the difference between existing membership and the upgraded membership by calculating the daily rate against the number of days until the start of your next Membership Billing Cycle. Your full upgraded membership will then be charged at the start of your next Membership Billing Cycle.
      3. If you are upgrading from a monthly to quarterly frequency but continuing with the same membership tier, you will not be charged a daily price difference. Your upgraded membership will come into effect on your next billing date. You will not be refunded any amounts from your current membership cycle if you are staying on the same tier
      4. If you downgrade your membership part way through your Membership Billing Cycle and are due back a difference in membership fees, the difference will be applied to your account in membership credit. This will be calculated as the difference between the existing and downgraded membership as a daily rate. 
    15. Late Fees - Bag Return: If you fail to return your bag at the agreed upon time, you can be liable for late fees for up to £10 per day. This will be capped at a maximum of £29 per week for up to 4 weeks. In addition to your late fees, your membership fees at your existing tier will also remain due until the point at which point you return your bag. Any notice of cancellation of membership from you will be void until such time as your bag is collected by our delivery partner. If you fail to return a bag after Four (4) weeks, you will be liable for the full cost of the bag in addition to outstanding membership fees and any late fees due. 
    16. Late Fees - Late or Missed Membership Payment: these will be dealt with in accordance with clause 12.
    17. Damage and Repairs: We charge a £20 service charge for all items that need to be repaired following damage. You will also be liable for the cost of repair in accordance with clause 10.   
    18. Lost or damaged beyond repair bags will be charged at the rate of purchasing a new replacement for the handbag that has been lost. Should a replacement bag not be available to be purchased, the cost of the original RRP will be charged. If a particular handbag has increased in price since its purchase date, then the member will be charged the price of replacing the item at current market value at the condition and quality of the bag at the time of the bag being sent out to the member.  
    19. Delivery and Collection Fees: if you miss two deliveries or collections in relation to one specific order, we will charge for any further delivery attempts in relation to the same order at a charge of £10 per day or collection.
    20. Membership fees are for access to our collection and usage of the bags, as well as servicing and delivery. Following a period of continued membership, a portion of the fees which you have paid to us for the Service can be used as part-payment for the purchase of a bag as follows:
      1. 3 months - 5%
      2. 6 months - 10%
      3. 12 months+ - 15%
      4. A member may use their holding fee towards the purchase of their chosen bag on the conclusion of their membership providing that all amounts due to COCOON have been fully paid up
      5. Should a member wish to purchase a bag from COCOON on conclusion of membership, the member will be provided with the price for that bag, which could take into account current market prices for said bag, as well as any discounts based on the age and condition of the bag. This could be an increased price on the original RRP, based on market conditions. 
      6. COCOON reserves the right to not sell any bag to a member on conclusion of membership without providing a reason as to why the specific bag is not for sale. In that instance, the ability to use partial membership payment can be transferred to a different bag that the Member has used or an alternative bag as agreed by COCOON. If the member does not want to purchase an alternative bag, the portion of membership fees available to be utilised towards bag purchase will become void and cannot be refunded or transferred. 
    21. Payment via Discount Code: If a Membership Billing Cycle is paid or part paid for with a discount code, you agree that COCOON will continue to automatically charge you for membership at the full priced membership fee, on the first day following the end of the offer and on a recurring monthly basis until another discount or promotional code is used.


  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. Each membership entitles you to have one bag at a time during your membership, unless you have paid for an Additional Membership or have purchased a Multi-bag pass. 
    3. Active Members can use a bag for a period of up to three months. By the end of that period, each bag must be returned to COCOON. Active Members can then re-order the same bag and commence a new rental period should the bag be available or a new bag supplied.
    4. A selection 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. 
    5. You agree that by ordering a bag, you will return the bag to us as agreed within the one or three month timeframe, otherwise we reserve the right to charge you late fees in accordance with these terms. Late fees will be charged at £10 per day, up to £29 a week (in line with the cost of a Weekly Multi-Bag Pass), and then £29 per week thereafter until the bag is returned. Any bags not returned after 4 weeks can be considered as not returned, and therefore the member is liable to pay the full price of the bag. 
    6. This is a membership service – when a member orders a bag for delivery, COCOON will start preparing the bag immediately, and cancellation will not be possible once the order has been submitted. 


  7. DELIVERY AND COLLECTION 
    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. This is a UK-based service only, and we will not arrange collection or delivery to any address outside the UK. Any member who is abroad and is required to return their bag, will be required to arrange collection of their accord and at their own expense. If a member is returning a bag to COCOON, it must be sent via a registered delivery service and, in this instance as it is outside of COCOON’s delivery options and service agreements, any bag will be considered within a member’s possession until such time as it arrives and is signed for by COCOON. 
    4. If you elect to change your delivery option and not sign for your delivery, you are responsible for your parcel as though it would have been delivered and signed for and as though it is in your possession.
    5. For orders placed and approved before 2pm Monday-Friday, we endeavour to deliver on the next working day before midday.
    6. For orders placed and approved from 2pm on Friday or on Saturday or Sunday, we endeavour to deliver on Tuesday before midday.
    7. 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.
    8. After two failed delivery or collection attempts, we will charge for any further delivery requests in relation to the same order, at a subsequent charge of £10 per day or collection.
    9. 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.
    10. The bag is considered to be in your possession until such time it has been handed over to our courier service for collection.  If you leave a bag unattended ahead of a collection,  it is still in your possession and you are responsible for that bag, including if it goes missing before collection. 


  8. RETURN AND SWAP OF BAGS
    1. The member must return the original bag to COCOON in secure packaging suitable for transit, including but not limited to;
      1. A sturdy box;
      2. A tape seal;
      3. Protective packaging as necessary
    2. With contact-free collection, it is your responsibility to ensure that the delivery driver labels and scans your item in front of you before taking it away 
    3. 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.
    4. If you fail to return a bag by a pre-agreed date or required, we reserve the right to charge you late fees equal to £10 per day until the bag is returned. Late fees will be charged at £10 per day, up to £29 a week (in line with the cost of a Weekly Multi-Bag Pass), and then £29 per week thereafter until the bag is returned. Any bags not returned after 4 weeks can be considered as not returned, and therefore the member is liable to pay the full price of the bag
    5. 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. 
    6. You agree to not order a new bag for a swap more than 2 business days before being available for a swap. We reserve the right to cancel your order if you are not available to swap or delay your collection beyond the 2 business days. 
    7. If a bag has not been returned or a renewed possession period has not been agreed within 30 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 bag(s) in their possession as well as any due membership fees, all of which which may incur additional legal costs that the member could be liable for.  


  9. RISK AND INSURANCE
    1. The possession 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. During Covid, this has been adapted to a contact free delivery method, in which case this changes to photographic evidence of your parcel being delivered. 
    2. COCOON offers a signed-for service for delivery. If you opt to have the delivery of the bag done via a non-signed for service, (e.g. “left in a safe place or with a neighbour”), then the responsibility of the bag transfers over to you as it would in the case of a signed for delivery. 
    3. The member is responsible for contacting us if you have not received your bag within 72 hours of dispatch. If we have not been notified within 72 hours of dispatch, we will consider your bag as having been received and you will be liable for it.
    4. During the possession period the risk and responsibility for the bag will immediately pass to you.
    5. 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.
    6. 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.
    7. 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.
    8. The possession period ends when the delivery driver or courier collects your bag from you.


  10. 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 as these are not considered normal wear and tear:
      1. Makeup
      2. Moisture
      3. Liquids
      4. Inks (including but not limited to, pens, markers, etc) 
      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. Damage to a bag which includes the following list will be charged to the member as laid out in Clause 10.4: 
      1. Stained, marked or damaged interiors or exteriors; 
      2. Ripped leather or exteriors from scraping against a sharp object; 
      3. Ripped or scrapped interiors from cleaning, sharp objects or excessive force; 
      4. Excessive damage to corners or bottom of bag outside of normal wear and tear, due to scuffing on the floor etc; 
      5. Excessive force, stretching, squeezing or squashing the bag so that it loses its shape beyond what is considered normal and reasonable; 
      6. Unreasonable and excessive damage to straps, chains or zips that cannot be considered normal wear or manufacturing defaults. 
    3. You will not be held responsible for any damage we class as normal wear and tear which includes:
      1. Natural signs of over-time discolouration;
      2. Natural signs of wear on metal and hardware; and
      3. Replacement of simple removable parts e.g zips and hooks, should these be considered manufacturing faults or arising from normal usage. 
    4. 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 (see clause 4.16 for details on how this will be charged); and,
      2. All administrative and delivery costs we incur from the bag being repaired or replaced, 
    5. Failure to return a bag with all of the elements that it was sent out with is considered damage and will be treated as such. If a bag is returned with elements missing, the member could be charged for the cost of replacing the element if this is possible, or the cost of replacing the full bag. This includes, but is not limited to, failure to return the following items: 
      1. Chains
      2. Straps
      3. Pouches
      4. Keys, charms, accessories
    6. 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 two working days;
      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 one week, although we will endeavour to get this to you sooner; 
      4. Will be in touch within two working days once we have received the quote back from our external supplier 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, or request that you pay this charge through an alternative method. 
      6. Failure to pay for damage on a bag when requested will result in your membership being cancelled and legal action could be taken to recover the associated costs. Legal action being taken could affect your credit rating. 


  11. 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 its 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 membership@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.


  12. LATE OR NON PAYMENT OF FEES
    1. A member is liable to pay their membership fees until such time that their membership has been cancelled. This fee is due regardless of whether or not the member has a bag in their possession, unless: 
      1. the member has requested to Pause their membership, and their bag has been collected as laid out in Clause 14 PAUSED MEMBERSHIPS. 
      2. COCOON delays a member’s order due to an operational issue and communicates this delay as being at the fault of COCOON 
      3. A member’s account is paused while damage or loss is being investigated
    2. 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.
    3. We will reattempt to take payment a maximum of four times over the four consecutive days following a charge failure. 
    4. If we are unable to take payment after five attempts, we will have the following rights:
      1. to deem the non-payment as notice to terminate the membership in accordance with our standard notice terms; 
      2. to arrange a collection for the return of the bag being used; and,
      3. to notify you of any outstanding membership, late fees and/or notice period fees due to us
      4. Membership fees shall remain due and payable until such time as your final bag is returned to us and any unpaid fees will be charged with interest at 8%,  which will be charged after 7 days from the first day of missed payment. This interest payment on overdue fees will be charged in addition to membership fees until such time that membership fees due have been paid in full and/or your bag has been returned to us and your Active Membership is cancelled. 
      5. Should a member miss a membership payment and fail to update their payment details within the timeline outlined in clause 12.4, they will be charged late fees for any bags in their possession without an active membership. Late fees for unreturned bags will be charged at £10 per day, up to £29 a week (in line with the cost of a Weekly Multi-Bag Pass), and then £29 per week thereafter until the bag is returned. Any bags not returned after 4 weeks can be considered as not returned, and therefore the member is liable to pay the full price of the bag. 8% interest will be charged on the cost of any bag in a member's possession in addition to late fees. 
      6. To consider legal action should the fees remain unpaid and/or your bag not returned after 14 days from first day of failed payment  (this may affect your credit rating)
      7. If you are in possession of a bag without an up to date paid membership, we may treat it as theft and contact the police.
    5. 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. A member may only request to cancel their Active Membership once any term of free membership or paused membership (as described at clause 14 below) has been completed. 
    2. Any term of free membership or paused membership will not be included as part of the notice period. 
    3. Subject to clauses 13.1 and 13.2, a member may cancel an Active Membership by giving not less than 30 days’ written notice of the cancellation request via email to membership@cocoonclub.co.uk. If necessary, such fees can be deducted from the member’s Holding fee.
    4. 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 and repair fees and late fees have been paid. 
      3. If the member does not return their bag, their membership will not be considered cancelled until such time as the bag is handed back to the courier. The date the bag is handed back to the courier is the date the membership is considered cancelled
      4. Any membership fees that are due during the 30 day cancellation notice period will need to be paid in full before any amounts due are paid back to the Member, which will be subject to any returned bags passing return inspection. 


  14. PAUSED MEMBERSHIPS: 
    1. A member is entitled to one opportunity to pause 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. 
    2. The pause period begins when the member’s bag is collected
    3. If a request to pause membership is received less than 2 business days before the start of the members next Membership Billing Cycle, the pause will only become effective with effect from the beginning of the following Membership Billing Cycle
    4. If a charge date occurs between requesting to pause and collecting a bag, any unused membership fees will be put towards the unpaused Active Membership period. Unused membership fees will not be refunded during pause periods. 
    5. If a member requests to cancel their membership during a paused Membership period, they are still liable to pay the full membership fees for the applicable notice period as set out at clause 13 above.      
    6. If a member would like to unpause their membership before the end of their 90 day pause period, they must contact COCOON directly in writing at membership@cocoonclub.co.uk 
    7. If a member has not been in contact with COCOON at the end of said 90 days and an alternative course agreed in writing with COCOON, their membership will be automatically unpaused, any unused membership days from their previous Active membership period will begin and their next payment charged. If a member does not select a bag during this time, their membership charge will not be refunded and they will be considered to have an active membership
    8. If a  member’s unpaused membership period comes to an end and we are unable to take payment on their nominated payment method, that will constitute as a failed payment and steps will be taken as laid out in Clause 12, LATE OR NON PAYMENT OF FEES.


  15. RISK AND OWNERSHIP
    1. Risk in 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 in accordance with these terms. 
    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. If a member is interested in purchasing the bag that they currently have in their possession or any other bag on our website, they should get in touch with membership@cocoonclub.co.uk and request a quote, which we will endeavour to get back to you within 2 business days. For more information on pricing and membership discounts, see clause 7. Any such purchase will be subject to express agreement by COCOON, and sales will be on an “as is” and “as seen” basis. No right of cancellation will apply as the bag will have already been in your possession prior to the purchase.
    4. COCOON reserves the right to not sell any bag in their collection at their discretion, and is not required to offer a reason as to why the bag is not for sale. 
    5. in selling pre-owned luxury and designer bags to COCOON, they should get in touch with membership@cocoonclub.co.uk or submit a request through COCOON Refresh


  16. 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. Nothing in these Terms limits a consumer’s statutory rights.
    4. 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.


  17. PRIVACY AND DATA PROTECTION
    1. Our policy is to respect and protect the privacy of anyone who visits the Site. Please see our Privacy Notice for further details of how we treat your personal data and your rights in relation to such treatment.


  18. 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.


  19. COCOON REFRESH
    1. By submitting a request for a quote via COCOON REFRESH, you agree to create an account on the Site.
    2. By submitting a request for a quote via COCOON REFRESH, you guarantee:
      1. The accuracy and completeness of all information contained in your submission;
      2. That you have the legal right to submit the bag for sale;
      3. That the bag is authentic and not counterfeit;
      4. The bag is in a clean and hygienic condition, free from soiling and infestations.
    3. All bags submitted for sale are subject to both digital and physical approval by COCOON. 
    4. COCOON is under no obligation to purchase any bag submitted for sale.
    5. You have the option to accept or reject any offer made by COCOON. If you do not respond to an offer within fourteen business days, your offer will lapse.
    6. If your offer has lapsed, any future conversations or negotiations around price will be based on a new valuation of the bag at the time which may differ from the original offer. 
    7. If both parties agree to the sale and purchase of a bag, COCOON will organise a collection of the bag at COCOON’s expense. COCOON will attempt to collect the bag a maximum of two times, beyond which you agree that any additional collection charges will be taken out of the agreed sale price.
    8. It is your responsibility to package the bag for sale securely for transit including, but not limited to, protective outer packaging and secure seals to avoid damage or risk of tampering en route.
    9. COCOON will manually inspect each bag to assess condition, authenticity and any undeclared damage. If the bag does not conform with the submission details including but not limited to; condition, colour and size, COCOON reserves the right to either:
      1. Reject the bag and return it to you;
      2. Update the valuation of the bag to reflect the change of condition.
    10. The authenticity of a bag is determined by COCOON. COCOON will validate the authenticity of a bag through methods at their discretion including but not limited to, in-house expert knowledge, technology based authentication solutions (Entrupy) and additional third party experts brands do not guarantee the authenticity of our purchased or rented goods.
    11. If COCOON determines that a bag is not an authentic product, it will immediately:
      1. Discontinue with the sale and purchase;
      2. Comply with any relevant legal requirements surrounding counterfeit products; and
      3. Assist the relevant authorities with any investigation into counterfeit products.
    12. Once a bag has been inspected and deemed to conform with the original submission details, COCOON will send an email confirmation and arrange for the transfer of cash and/or COCOON credit as agreed.
    13. Any transfer of cash pursuant to the purchase of a bag will be made on the last working day of the month that the bag was received physically and approved by COCOON.
    14. Any transfer of cash will be made by bank transfer or PayPal in the name of the selling party only.
    15. Any credit due pursuant to the purchase of a bag will be granted within 2 working days of the confirmation of purchase.
    16. Any membership redeemed pursuant to the sale of a bag via COCOON Refresh is subject to our standard terms and conditions regarding membership along with our usual application approval and eligibility checking process.
    17. Maximum cash payout is 50% of the bag valuation, with a minimum of 1 month membership to be redeemed. 
    18. Where possible, COCOON will always round up to the nearest half month when exchanging into membership value.
    19. COCOON credit can be redeemed for any items in the COCOON store, including but not limited to memberships, refundable holding deposit fee, gift memberships and additional membership products (i.e. additional swaps).


  20. COCOON GIFT PRODUCTS
    1. COCOON Gift Memberships are priced at a 1-month, 3-month or recurring rate and are available to new members to COCOON to apply toward their membership fees. 
    2. COCOON Vouchers are available to new and existing members to apply toward their membership fees. This product is not eligible for redemption on any other products in the COCOON store including shipping fees, outright bag purchases and one time add-on products. 
    3. COCOON reserves the right to change the pricing of our gift products at any time. Purchases of Gift products prior to the pricing change will be honoured at the pricing available on https://www.cocoon.club at the time of purchase.
    4. Upon check out with your COCOON gift product the gift giver will be sent an email containing a digital confirmation of your gift and instructions to forward on to your special someone to activate their gift. 
    5. Membership start date for new members: 
      1. The recipient member will need to enter their unique code for their COCOON voucher or COCOON 1 or 3 month membership at checkout.  
      2. The membership start date is activated when the unique voucher code is redeemed. 
      3. For recurring Gift Subscriptions the membership start date is activated when the gift giver checks out with the membership for the first time. 
    6. Refundable Holding fee for COCOON 1 and 3 month Gift Memberships and COCOON Vouchers: 
      1. At the point of voucher redemption, the recipient will be prompted to pay a refundable holding fee and pass an active card check. 
      2. A refundable holding fee and active card check is required to become a COCOON member for the first time. 
      3. 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.
    7. Refundable holding fee for COCOON Recurring Gift Memberships
      1. At the point of voucher redemption, the gift giver will be prompted to pay a refundable holding fee and pass an active card check. 
      2. A refundable holding fee and active card check is required to become a COCOON member. 
      3. 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. 
    8. Cancellation: If the member chooses to cancel their COCOON membership after their gift membership term or their COCOON voucher amount is exhausted, the standard cancellation policy and notice period applies as per the CANCELLATION OF MEMBERSHIP TERMS. 
    9. Ongoing membership enrolment
      1. For gift memberships and members who sign up using a COCOON voucher, COCOON requires that recipients provide payment details to start the membership
      2. 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 gift membership period on a recurring monthly basis or another interval that we disclose to you in advance. 
      3. If you do not want this charge, the standard cancellation policy and paid notice period applies as per the CANCELLATION OF MEMBERSHIP TERMS.
    10. Account registration process: Recipients are subject to our standard registration process as per our ACCOUNT terms. A bag will only be dispatched after the recipient has completed their account registration, activated their unique voucher code for their gift membership or COCOON voucher 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.
    11. Voucher Expiry: your recipient will receive a unique code to redeem to activate their COCOON 1 or 3 month subscription or COCOON voucher. This unique code must be redeemed within 6 months of issue. 
    12. Promotional Eligibility: COCOON vouchers and COCOON 1 and 3 month gift memberships can not be combined with any other offer at checkout by recipient members. Gift givers of the COCOON Recurring Gift Membership are able to apply eligible promotional discounts available on the standard membership products at the time of purchase. 
    13. Product Availability: These products are available from 11 November 2020 via https://www.cocoon.club. Offer subject to end without notice.
    14. Existing Gift members: members on existing gift or annual membership products will continue on the terms of their current membership.


  21. PURCHASING BAGS AND FLASH SALES 
    1. COCOON may from time to time offer some of its bags for sale, including to non-members. Non-members purchasing bags are subject to these Terms. Any bags included in our flash sales are sold on an “as is” and “as seen” basis.
    2. Returns policy: If you wish to return your item, please notify our membership team via email at membership@cocoonclub.co.uk within 14 days of your receipt of the item with your return reason. We will process your return within 14 calendar days of receiving your return and issue you a return reference number and advise your collection date for your return. The COCOON membership team will arrange for collection of your return. The item needs to be returned within 45 days of original shipment to be eligible for a return. We will process your refund within 14 calendar days of receiving your return.
    3. Returns condition: The Buyer must return the item(s) in good condition, unused and with their original packaging (including dust bags in the case of handbags). COCOON reserves the right to refuse or to reduce a refund on any item that is used, incomplete, damaged or dirtied.
    4. Cost of returns: The cost of return via our shipping partner will be deducted from the refund amount for your purchase. No refund will be issued for the cost of the original shipping.
      1. Bag condition: All bags sold in the Flash Sale are noted as pre-owned and in used condition at the point of sale. 
      2. Shipping: all bags purchased in the Flash Sale will incur an £8 shipping charge in addition to the bag purchase price. 
      3. New members and existing members purchasing a bag in the COCOON Flash Sale made available on 03/11/2020 will benefit from a £50 COCOON credit to apply to their order or existing COCOON membership.
      4. COCOON may from time to time and in its discretion issue credits, by way of a discount code, to new and existing members purchasing bags in COCOON Flash Sales. Any such credit is limited to one use per member. If you purchase multiple bags within the sale you will be eligible for a single COCOON credit unless otherwise stated. 
      5. This offer can not be combined with any other COCOON offer. Members are limited to use of one discount code at cart or on existing membership at a time. 
      6. Your COCOON credit must be redeemed within 6 months of issue.
      7. In registering with a discount code, you agree that COCOON may automatically begin charging you for membership at the full priced membership fee, on the first day following the end of the offer and on a recurring monthly basis.
      8. The £50 refundable holding fee will still be charged upfront as part of the standard account registration process. The standard account registration process and general terms applies for new members signing up with their £50 COCOON credit discount code (see ACCOUNT terms).
      9. We reserve the right to decline any application at our discretion, without disclosing a reason, following on from the credit check or ID verification process. If a new member with an eligible COCOON credit is declined as part of the account registration process, COCOON is not obliged to offer any form of compensation in lieu of the COCOON credit. 
      10. COCOON reserves the right to end promotional offers without notice


  22. COCOON REFER A FRIEND PROGRAM 
    1. New members to COCOON signing up with a unique referral code generated by their friend through the COCOON Refer a Friend Program will benefit from £50 in COCOON credit to apply to their order.
    2. The referrer will also benefit from £50 in COCOON credit when their friends redeem their unique code at checkout.
    3. There is no limit to how many friends can be referred with one shareable referrer code.
    4. This offer is available from 12 October 2020 via www.cocoon.club. Offer subject to end without notice.
    5. This cannot be combined with any other promotional offer on www.cocoon.club
    6. COCOON credit cannot be applied to the £50 refundable holding fee as this is required to become a COCOON member. The standard registration process for new members applies. 
    7. COCOON reserves the right to decline payment or cancel a member’s membership if it is found that they are engaging in fraudulent activities through the Refer a Friend Program.
    8. COCOON reserves the right to revoke Refer a Friend discounts applied in respect of previous COCOON members who have cancelled their membership within 60 days.


  23. COCOON DISCOUNT CODE PROMOTIONAL OFFERS
    1. New members purchasing COCOON membership with an eligible promotional code will benefit from discounted membership to the value of the advertised promotional offer. 
    2. Unless stated otherwise the discount code is only available to new members, and cannot be used by existing members. Members who have previously held a membership may use the discount if there has been more than 30 days since their previous membership ended.
    3. The £50 refundable holding fee will still be charged upfront as part of the standard account registration process. 
    4. In registering with a discount code, you agree that COCOON may automatically begin charging you for membership at the full priced membership fee, on the first day following the end of the offer and on a recurring monthly basis.
    5. If the member chooses to cancel their COCOON membership during or after the offer period, the standard cancellation policy and fully paid notice period applies (see CANCELLATION OF MEMBERSHIP terms). 
    6. COCOON Reserves the right to end promotional offers without notice.


ADDENDUM TO TERMS: 

ADDENDUM TO TERMS: COCOON FIRST MONTH FREE MEMBERSHIP: 

New members purchasing a COCOON Premium Monthly Membership will benefit from 1 month of complimentary membership to the value of £79. This promotion is only available to new members, and cannot be used by existing members. Members who have previously held a membership may use the discount if there has been more than 30 days since their previous membership ended. 

  1. New members purchasing a COCOON Deluxe Monthly Membership will benefit from 1 month of complimentary membership to the value of £99. This promotion is only available to new members, and cannot be used by existing members. Members who have previously held a membership may use the discount if there has been more than 30 days since their previous membership ended. 
  2. The 1 month free membership will be automatically applied to the checkout for eligible members commencing the COCOON Deluxe or Premium Monthly Membership.
  3. A 100% discounted or free membership is considered an unpaid membership period, and you are still bound by the 30 day paid notice period cancellation, in addition to agreeing to pay your first month’s membership. If the member chooses to cancel their COCOON membership during or after the 1 month complimentary membership, the standard cancellation policy and fully paid notice period applies (see CANCELLATION OF MEMBERSHIP terms).
  4. This offer is available from 1 September 2020 via www.cocoon.club. Offer subject to end without notice. 

ADDENDUM TO TERMS: MOTHER'S DAY OFFER

When using the BAGSOFLOVE promotional code, new members purchasing a Premium quarterly membership will pay just £140 for their first 3-months of COCOON membership. The single-use code is valid on COCOON Premium quarterly membership only. Offer ends Sunday, 14th March 2021 at 23:59PM (GMT).

    1. This offer is for new COCOON members only. The standard registration process for new members applies, including the £50 refundable holding fee, required to become a COCOON member.
    2. The £61.00 discount will be automatically applied to the checkout for eligible members commencing COCOON Premium quarterly membership.
    3. The standard discounted Premium quarterly membership fee of £201 per quarter (every 3 months) applies from the second charge date and on a recurring quarterly basis.
    4. If the member chooses to cancel their COCOON membership during or after their discounted membership term, the standard cancellation policy and 30-day notice period applies.
    5. Members who have joined COCOON through this promotion and would like to upgrade memberships during their discounted term will be required to pay the difference between the discounted Premium quarterly price and full price before being able to upgrade to any other membership.
    6. This offer cannot be combined with any other promotional offers on www.cocoon.club nor can this be redeemed on any other membership plan. Standard COCOON Terms and Conditions apply.
    7. This offer is available from 10 March 2021 via www.cocoon.club. Offer subject to end without notice.

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