Please read all these Terms and Conditions.
As we can accept your order and make a legally enforceable agreement with you without further reference to you, you must read these terms and conditions to make sure they contain all that you want and nothing you are not happy with.
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer, you or your). We are 9plus1 Limited, a company registered under the number 10269669 whose registered office and trading address is 50 Warwick Avenue, Loughborough LE128HE (the Us, our or we).
2. These are the terms and conditions on which we sell all our Services to you. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old and that you are the authorised to use the chosen payment method for the purpose of taking out any subscription as described on the Website.
4. You agree to receive communications from us electronically via email or your customer account and agree to update your customer account with your current email address and agree that you will be deemed to have received any emails we send to that address.
5. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
6. Supplier means the manufacturer of the Goods received from us to you;
7. Contract means the legally binding agreement between you and us for the supply of the Services or Goods;
8. Delivery Location means the Supplier’s premises or other location where the services or goods are to be supplied, as set out in the Order;
9. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the receipt to store the information in a way accessible for future reference for a period of time that is long enough for the purposes of information, and allows the unchanged reproduction of the informations stored;
10. Goods means any goods that you can rent or purchase, including baby clothes produced by our suppliers, of the number and description as set out in your Order, that we supply to you as part of the Services and listed in the store on the Website;
11. Order means the Consumer’s order for the Services from us as submitted following the step by step process set out on the Website;
12. Rental Fee is listed on the Website and paid by the customer when placing an initial subscription order and the price per month over the length of the subscription period. The total minimum fee will vary depending on the Minimum Subscription Period.
13. Goods Fees are listed for individual items on the Website through your customer account once your Order has been dispatched.
14. Subscription Duration depends on the subscription plan chosen by the customer or the number of months chosen for a gift card and is described on the Website.
16. Services means the rental based subscription services advertised on the Website, including any Goods, of the number and description set out in the Order;
17. Minimum (Binding) Subscription Period means the minimum commitment length to a subscription Service. This differs depending on the subscription option and is described on the Website.
18. Website means our website: www.9plus1.co.uk on which our Services and Goods are advertised and sold.
Services and Goods
19. The description of the Services and any Goods is set out on the Website, and in catalogues, brochures or any other form of advertisement. Any description is for the illustrative purposes only and there may be small discrepancies in the size, colour and pattern of any Goods supplied.
20. We offer a monthly subscription without a Minimum Subscription Period. You will be charged the Rental Fee monthly as agreed in the payment transaction.
21. All Services which appear on the Website are subject to availability.
22. We can make changes to Services which are necessary to comply with any applicable law or safety requirement. We may notify you of these changes by email, account notifications or by publishing them on the Website.
23. We can make changes to the Service and Goods without prior notification to enhance, improve and develop our Service.
24. We are not responsible for any delayed Order or suspended Services due to the Website being offline for essential maintenance or emergency intervention. We will always aim to keep any disruption to a minimum and carry out all essential maintenance work to the Website during times of the day that minimises disruption to our Customers.
25. You agree and acknowledge that you are renting the Goods from us and that ownership of the Goods remains with us at all time, unless you purchase the Goods through your customer account and we have received full Goods Fee for those Goods.
26. You are responsible for the Goods must look after all the clothing supplied to you from us and follow the Supplier’s specific care instructions when washing garments.
27. You agree not to sell or transfer the clothing supplied by us to you.
28. You agree not to alter, interfere or change any items of clothing supplied by us to you and only to use the products in accordance with the Supplier’s guidelines.
29. You agree to return the Goods supplied by us in good condition. Reasonable wear and tear is covered in your Rental Fee.
30. If your subscription has been canceled you must return the clothing within three weeks since the date you canceled your subscription. Failure to return the clothes within this timeframe will result in additional charges for the extended duration you had the clothes. If the clothes are not returned within eight weeks after canceling the subscription, we will need to charge you for the value of the clothes.
31. You must notify us of any item of clothing that has been lost or damaged by email to our Customer Services Team: email@example.com.
32. Risk and damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
33. Where you have breached these Terms, we are entitled to close your account and any future accounts and associated Services and reclaim any costs resulting from such a breach, including the full cost of your Order.
34. It is our responsibility to supply you with Services and Goods that meet your consumer right’s.
35. We operate strict quality control and preparation procedures of the Goods so your Order reaches you in good condition.
36. For general customer service enquires, you may contact us at: firstname.lastname@example.org or for order specific enquiries: email@example.com and we will aim to resolve any disputes effectively and in a speedily fashion.
37. You can select any of the clothing items in your Order and then purchase them from us. You have to select those items you wish to purchase from us through your customer account and your card will be billed for the selected items. Once we have received the correct payment amount from you the ownership of the Goods transfers from us to you.
38. If you wish to purchase any Goods from us, you do not own the Goods until we have received your Goods Fee in full. If payment is overdue, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by us, in which case you must return them or allow us to collect them.
40. We may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this.
41. The description of Services or any Goods in our website does not constitute a contractual offer to see the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason without delay.
42. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check you have used the ordering process correctly.
43. A contract will be formed for the Services and Goods ordered only when you receive an email from us confirming the Order. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive your order confirmation within reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
44. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after is has been entered into unless the variation is agreed by the Customer and Supplier in writing.
45. We intend these Terms and Conditions apply only to a Contract entered into by you as a Customer.
46. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges that are set out on the Website at the date we accept the Order.
47. Fees and charges include VAT, where applicable, at the rate applicable at the time of the Order.
48. You must pay by submitting your credit card or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
Delivery and Returns
49. We will deliver the Services, including any Goods, to the Delivery Location within a reasonable time as specified on the website and without undue delay.
50. To ensure you receive your delivery, please make sure the Delivery Location, either your delivery address or your nominee’s delivery address is correct. To update your delivery address please do so through your customer account.
51. We are not responsible or liable for any Order being delivered to your old or incorrect address if this information has not been updated by you through your customer account at least seven (7) days before the next exchange date.
52. We do not deliver to addresses outside England, Wales, Scotland and Northern Ireland, the Isle of Man and Channel Islands.
53. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
54. If you or your nominee fail, through no fault of ours to take delivery of the Services or Goods at the Delivery Location, we may charge the reasonable cost of storing and redelivering them.
55. The Goods will become your responsibility from the completion of delivery or customer collection.
56. You agree to follow the return instructions on the Website and contained in your delivery package when returning the clothing products (Goods) to us. You must return all clothing items, unless notified otherwise through your customer account, regardless of their condition and on the due date indicated on your customer account and in your delivered package.
57. If you do not wish to exchange your clothing items, you may keep the clothes for the next month’s rental period as long as your card has been billed for the next month’s subscription (Service) fee.
58. You can exchange all the items in your Order or select, through your customer account, those items you wish to return. You can only exchange the same number of clothing items as you return to us.
59. You agree only to use the prepaid returns envelope supplied with your Order to return the clothing to us.
60. Once we have received confirmation your return envelope has been posted you can place your new Order.
61. You will receive reminder emails and notifications through your customer account to keep you informed of when you are expected to return your current Order to us.
62. If you have ended your subscription (Service) with us and you have not returned your clothes within ten (10) calendar days after your subscription end date your card will be billed for all outstanding clothing items (Goods) that have not been returned to us.
Withdrawal and Cancellation
63. You can cancel the Contract by telling us no later than fourteen (14) days after the contract was made, if you simply wish to change your mind and without giving us a reason, and without liability. You must return the Goods unworn and in the same condition as you received them from us, at your expense. We will then refund to you the price for those Services which have been paid for within fourteen (14) days but we will retain any delivery charges incurred. This does not affect your rights when the reason for the cancellation is any defect Goods or Services. This Returns Right is different and separate from the Cancellation Rights below.
64. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
65. The cancellation period will expire after fourteen (14) days from the day on which you purchased a subscription and the contract was entered into. The Customer will them have to pay the minimum subscription (Service) length depending on the particular subscription Contract the customer has chosen.
66. To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement setting out your decision (eg email or letter sent by post). You must be able to show clear evidence when the cancellation was made.
67. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
68. The Customer has to pay an amount for the supply of the service for the period for which it was supplied and this includes the first fourteen (14) days.
69. We may make a deduction from any reimbursement within the cancellation period or impose further charges if the Goods have been damaged or have not been returned within the period agreed.
70. We will make the reimbursement without undue delay, and not later than:
- (a) Fourteen (14) days after the day we receive back from you any Goods supplied, or
- (b) (if earlier) fourteen (14) days after the day you provide evidence that you have sent back the Goods.
71. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
72. If you have received Goods in connection with the Contract, which you have cancelled, you must send back the Goods without delay and in any event not later than fourteen (14) days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of fourteen (14) days has expired. You agree that you will have to bear the cost of returning the Goods.
73. We have the legal duty to supply the Services and Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
74. Upon delivery, the Goods will:
- (a) Be of satisfactory quality;
- (b) Conform to their description.
75. We will supply the Services with reasonable skill and care.
Duration, Termination and Suspension
76. The Contract will continues for at least the binding (minimum) contract period, as outlined on our Website, and once this minimum contract period has expired then until the customer has cancelled the Contract, through their account via our website or have informed us by email at least twenty four (24) hours before the next renewal payment is due.
77. The customer will not receive any refund upon cancellation of the Contract for any of the remaining period of the Contract outstanding.
78. We may terminate the Contract or suspend the Services at any time by written notice of termination or suspension to the Customer if the Customer commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice.
79. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
80. In the event of any failure by a party because of something beyond its reasonable control:
- (a) The party will advise the other party as soon as reasonably practicable; and
- (b) The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.
Privacy & Data Protection
81. Your privacy is very important to us. We respect your privacy and comply with the General Data protection Regulation with regard your personal information.
83. For the purposes of these Terms and Conditions:
- (a) ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- (b) ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
84. We are a Data Controller of the personal data we process in providing the Services and Goods to you.
85. Where you supply personal data to us so we can provide Services and Goods to you, and we process that personal data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by Data Protection Laws:
- (a) Before or at a time of collecting personal data, we will identify the purposes for which information is being collected;
- (b) We will only process personal data for the purposes identified;
- (c) We will respect your rights in relation to your personal data; and
- (d) We will implement technical and organisational measures to ensure your personal data is secure.
87. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
88. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, the courts of Scotland or Northern Ireland respectively.
89. We try to avoid any dispute, so we deal with complaints through our Customer Service Department; email: firstname.lastname@example.org. They will deal with any matter arising from our Service or Goods efficiently and will aim to resolve any issue speedily.
90. We agree to provide the Service length of a gift card (physical or digital) to the named recipient of the gift card. The gift card will include instructions on how you can activate your gift card (physical or digital).
91. We are not liable for indirect or unforeseeable loss or damage. We are not liable for any defects, faults or issues to any clothing items (Goods), supplied by us to you, in relation to any manufacturing defects. We will visually inspect for any defects or faults but we are not liable for any faults or defects that are not detected before being sent to you.
92. You agree to use the Goods at your own risk. We are not liable for any loss or damage incurred as a result of the customer using the Goods in any way that is not in accordance with the instructions for use, including the guidelines of the Supplier or available on the Website.
93. We will not be liable for any failure or delay in performing our obligations under these Terms and Conditions, where such failure or delay results from any cause beyond our reasonable control. Such causes include, without limitation, fire, explosion, extreme weather event, natural disaster, power failure and internet service malfunction.
Changes to Terms and Conditions
94. We reserve the right to change or modify our Terms and Conditions at any time. Any changes or modifications will be posted on the Website and will take effect immediately. By subscribing to our Services you agree to adhere to, and be bound by, any changes to the Terms after the date of such change.