LK Borrowed Sale and Rental Agreement

Effective Date: 27.7.2021

Welcome to LK Borrowed!

LK Borrowed is an online retail and subscription service that allows members to access an unlimited wardrobe in order to shop better, wear smarter, and rediscover the fun of fashion. LK Borrowed allows members to wear the trend today and return it tomorrow, skipping the commitment of buying a single piece. LK Borrowed offers diversity and the flexibility to try new trends from hundreds of styles without the pressure of purchase.

LK Borrowed is provided by LK Bennett (“we,” “our,” “us,” or “LK Bennett”) which is registered in the United Kingdom under company number 11903831 and has its registered office at 31 Brook Street, London W1K, 4HF. The Site is operated, and the Services (as defined below) are provided, by CaaStle Inc. on behalf of LK Bennett. CaaStle Inc. is registered in Delaware, with its registered office at 5 Penn Plaza, Fl. 4, New York, NY 10001.

The following Sale and Rental Agreement (“Agreement”) between you and LK Bennett describes the terms and conditions on which you may purchase and rent clothing and accessories (“Products”) from us through the LK Borrowed service (the “Services”).

To contact us, please email support@LKBorrowed.com or phone our customer service line on 0808 189 0678.

Capitalized terms not defined herein shall have the meaning assigned to them in our Terms of Service (the “Terms”). The provisions of this Agreement shall, to the extent possible, be interpreted so as to supplement the Terms and to avoid any conflict between them. In the event of a conflict between this Agreement and the Terms, the provision that is more protective of LK Bennett shall control.

1. OUR AGREEMENT WITH YOU

Our acceptance of your order for a Product or sign up for a membership (“Order”) will take place when we email you to accept it (“Order Confirmation”), at which point a contract will come into existence between you and us.

If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Product or membership of the LK Borrowed’s Membership Rental Program (“Membership”), as the case may be. This might occur because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, or because we have identified an error in the price or description of a Product or Membership.

We will tell you when we accept your Order and start processing your Order.

Our website is solely for the promotion of our Products and Memberships in certain areas of the United Kingdom. Please note that we only ship Products to addresses in Mainland UK. At this time, we do not ship Products or offer any delivery service to postcodes that begin with GY, JE, or IM (the “Excluded Areas”).

If you wish to make a change to your Order, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product or Membership, the timing of supply and anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to proceed with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Agreement (see Section 5 and 6 below).

We may make minor changes to our Products or Memberships:

to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product or Membership.

We may make more significant changes to these terms or our Products or Memberships, including changes to our fees or other charges. If we do so, we will notify you, and you may then contact us to end the Agreement before the changes take effect and receive a refund, or a prorated refund for the remainder of your current applicable Membership Fee. In the case of changes to our fees, we will give you at least 28 days’ notice of any changes and you will have an opportunity to cancel your Order or Membership prior to the change becoming effective.

2. MEMBERSHIP PLAN

A. General Conditions

You may rent Products by subscribing to a Membership and providing a shipping address located in Mainland UK. You may not rent Products if your shipping address is located in any of the Excluded Areas (as defined above). Once subscribed to a Membership, you will be entitled to rent up to a certain number of Products at any time from a range of Products designated on the Services, in accordance with the terms of the Membership plan for which you are registered (each, a “Membership Plan”). In addition, as part of your Membership, you will be entitled to an option to purchase certain Products. Subject to your compliance with this Agreement (including payment of fees), we do not impose any limitations on the time period during which you may keep any Product we have sent to you through your Membership Plan.

All rental Products are subject to availability, so your preferred choices may not always be available. We cannot guarantee that your preferred Product(s) will be available as it could be being rented by another Member.

Products may be rented or purchased for use by individuals 17 years of age or younger, but only adults who are at least 18 years old, may purchase the Products and a Membership Plan with a payment card or other approved payment method. By agreeing to this Agreement, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of purchasing Products and a Membership Plan as described in this Agreement.

B. Term

Your Membership shall continue to run until it is terminated or cancelled in accordance with this Agreement. In most cases, our customers request that access to the Services be provided immediately. However, if you do not wish the Services to begin immediately, please contact our customer service team at support@LKBorrowed.com or phone our customer service line on 0808 189 0678. You acknowledge that if you request that the Services start immediately, you will lose your right to cancel the contract once the Services have been fully performed. Please see Section 5.D below for more details.

C. Condition; Use of the Products

The Products will be professionally cleaned and delivered ready to wear. We launder, dry clean and inspect each Product with the utmost care, but use of the Product is at your own risk and, subject to Section 10 below, we shall not be held liable for any health-related complaints associated with any Product.

You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, minor rips, missing beads, stuck zippers or other minor damage covered by the insurance included with your Membership for applicable Product(s). If you return a Product that is damaged beyond normal wear and tear, as reasonably determined by us, then you agree that we shall charge you, and you shall pay, for the price of repairing or replacing the Product, as determined by reference to the retail price of the Product.

D. 30 Day Free Trial

30 Day Free Trial periods are offered at the sole discretion of LK Bennett, and are subject to discontinuation at any time at LK Benntt’s sole discretion. You must have a valid credit card or debit card and Internet access to register and participate in the 30 Day Free Trial. Although no payment will be taken at the start of the 30 Day Free Trial, authorization for the applicable Membership payment following the 30 Day Free Trial will be obtained at the start of the 30 Day Free Trial. In some cases, your credit card's available balance or credit limit will be reduced to reflect the authorization; however, no charges will be made against your credit card if you cancel before the end of your 30 Day Free Trial period. While you can amend your Membership Plan during the 30 Day Free Trial, the modification will not apply until after the 30 Day Free Trial. At the end of your 30 Day Free Trial period LK Bennett will automatically bill your credit card for the next billing period of your Membership. We will not notify you when your trial period has ended. You can view the date your 30 Day Free Trial ends in the account section on our site or by visiting your account and looking in the membership details section.

If you or another family member of your household has been a LK Borrowed member, you are not eligible for the 30 Day Free Trial. We consider your family household not eligible if your credit card account, physical address or email address have been associated with another active LK Borrowed account prior to the day of account creation. Notwithstanding the foregoing, you may be eligible, at LK Bennett’s sole discretion, to participate in other LK Borrowed free trial programs and promotions.

IF YOU CANCEL PRIOR TO THE END OF YOUR 30 DAY FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR CREDIT CARD. Under consumer law, you are entitled to a fourteen (14) day cooling off period from the date we entered into this Agreement. This period shall begin on the day your 30 Day Free Trial commences. Please see Section 2.H. below to learn more about cancellation. LK Bennett reserves the right to cancel your 30 Day Free Trial if you, in our sole discretion, violate any of the terms or conditions of this Agreement; violate any provision of the Terms or any applicable law; register or subscribe via deception, forgery, fraud; or commit any other abuse of the LK Borrowed 30 Day Free Trial program. Violations of this Agreement or the Terms include, but are not limited to creating duplicate accounts under another name, email, or address in order to obtain more than one 30 Day Free Trial.

E. Fees

If you subscribe to a Membership, we will charge you a prepaid fee or a monthly fee (the “Membership Fee(s)”). You will be billed monthly at the then current fee to your payment method on file. The Membership Fee (which includes VAT) will be the price indicated on the order pages when you subscribe for your Membership. We take all reasonable care to ensure that the Membership Fee advised to you is correct; however please see Section 1 for what happens if we discover an error in the price of the Membership to which you have subscribed. The current monthly Membership Fees are set out on the website and are subject to change at our discretion. We accept payment from the providers listed here. We take payments by continuous payment authority. By placing your order for Membership, you authorize us or our third party payment processor to charge your payment card for the applicable Membership Fees on a monthly or recurring pre-pay basis until you cancel your Membership. You will be charged monthly on the day that commemorates your Membership purchase. If your payment fails for any reason, we will notify you by email and we will retry the payment up to three times. You agree not to hold us responsible for banking charges incurred due to payments on your account. The Membership Fees include VAT, shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. Fees are non-refundable except as expressly set forth in this Agreement. If you fail to make payment of the Membership Fees, then at our sole discretion, may terminate your Membership or suspend shipment of Products to you.

F. Returns of Products from Rental Subscription Box

With each shipment of Products we send you, we will include Return Packaging (which will include prepaid postage), which you shall use to return the Products you are currently renting. All you have to do is securely package the Products you wish to return in the Return Packaging, affix any return label and take the parcel to your local Post Office. We recommend you request and retain proof of postage. When the Products you have in your possession have been returned or purchased, we will send your next shipment, which will contain up to the number of Products returned. If you have modified your Membership Plan, then we will return to you the appropriate number of available Products permitted by your Membership Plan. We will use commercially reasonable efforts to send you a new shipment of Products promptly upon processing your return, but you acknowledge that as a result of processing and delivery, there will be a delay between your return of Products and receipt of a new Product shipment. You agree to return any Product using appropriate packaging, preferably using the Return Packaging.

G. Changes to Membership; Termination

We may limit your particular Membership Plan, including but not limited to, restricting orders placed under a single customer account, payment card, or billing or shipping address. We reserve the right to limit, cancel or prohibit any Membership Plan or sale or rental (e.g., use) of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns. We reserve the right to modify (including the Membership Fee) or terminate your Membership, but if we limit, cancel, prohibit or modify your Membership, we will notify you and you may then contact us to end the Agreement before the changes take effect and receive a prorated refund for the remainder of your current applicable Membership Fee. In the case of changes to our fees, we will give you at least 28 days’ notice of any changes and you will have an opportunity to cancel your Order or Membership prior to the change becoming effective. If we terminate your Membership, we will provide you with, as determined in our sole discretion, either (i) a prorated refund for the remainder of your current applicable Membership Fee, or (ii) continued access to Membership for the remainder of that applicable period, in accordance with this Agreement. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in our Terms, this Agreement, FAQ, Membership Plan, or any applicable law. Prior to the end of that period (or, if we do not provide you with continued access to Membership, immediately upon our termination of your Membership), you must also return to us all Products you have received in connection with your Membership without undue delay and in any event within fourteen (14) days.

H. Cancellation of Membership

Other than in the situation where 1) you are exercising your right to change your mind described in Section 5.C, 2) we terminate or cancel your Membership described in Section 2.G above, or 3) where you cancel due to a suspension described in Section 2.I below, there are no refunds to a Membership. Your monthly Membership subscription will be billed monthly. To cancel your Membership, click on the link in your initial Membership receipt email or reach us at support@LKBorrowed.com or 0808 189 0678. As soon as you cancel, you will not be eligible to receive any additional Products through our Services but you are entitled to use the Products currently in your possession until the end of the currently running Membership subscription month. You will not be entitled to any refund on Membership Fees you have already paid. You must return to LK Bennett all Products you have already received through your Membership within seven (7) days of the last day of the applicable Membership subscription period during which you cancel. If we don't receive the Product(s) on time and you cannot provide us with proof of posting, you will be charged 75% of the retail price of the Product(s).

I. Suspension for reasons outside our control

We may have to suspend the supply of a Product to:

deal with technical problems or make minor technical changes;
update the Product to reflect changes in relevant laws and regulatory requirements;
make changes to the Product as requested by you or notified by us to you.

We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. Where the suspension is short, we will extend your Membership by an amount of time equivalent to the period of the suspension. Where the suspension is more significant (one month or more), we will offer you the option of: (i) continuing your Membership, which we will extend by an amount of time equivalent to the period of the suspension); or (ii) cancelling your Membership, in which case, we will give you a prorated refund for the remainder of your current applicable Membership Fee.

J. Lost Items

We are not responsible for any items, including personal items, that are left in the Products and returned to LK Bennett. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at support@LKBorrowed.com or 0808 189 0678. Our staff may assist in attempting to locate such items at your request, but are not obligated to and assume no liability for doing so.

3. SHIPPING AND RETURN PACKAGING

All Membership deliveries will be delivered through our shipping partners, which may change from time to time at our sole discretion. The shipping method used will be at our discretion. We will email you a tracking number that provides information about estimated delivery and arrival times of Products through the Services. We will provide you with a pre-paid, pre-addressed LK Borrowed mailing envelope (as the case may be) for your use in returning the Products to us (“Return Packaging”). All you have to do is securely package the Products you wish to return in the Return Packaging, affix any return label (if not already affixed) and take the parcel to your local Post Office. We recommend you request and retain proof of postage. If you lose the Return Packaging, please contact us at support@LKBorrowed.com to request new Return Packaging to return your Products.

If no one is available at your address to take delivery and the Product(s) cannot be posted through your letterbox, our shipping partner will leave you a note telling you how to rearrange delivery or collect the Products from a local depot. If, after a failed delivery to you, you do not re-arrange delivery or collect the Product(s) from a delivery depot, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may cancel the Order and charge you reasonable compensation for the net costs we will incur as a result of your breaking the Agreement. If you have any issues with your delivery, please contact our Customer Service team

You have legal rights if we deliver any Product(s) late (e.g., more than 30 days after receipt of confirmation e-mail that we are processing your next box of Products). If we are unreasonably delayed (e.g., more than 30 days after receipt of confirmation e-mail that we are processing your next box of Products) in delivering any Product(s), then you may cancel your Membership in accordance with Section 2.H. above. Notwithstanding the foregoing, delivery time for Products you have selected to rent may vary based on (a) availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, we make no guarantees as to actual delivery time.

If the Product(s) have been delivered to you, you must post them back to us or purchase them. A Product will be your responsibility from the time we deliver the Product to the address you gave us or you collect it from us or our carrier or purchase the Product.

A. Dart delivery option

For some Products, we may be able to offer you expedited processing and delivery of your Order for a small additional fee (“Dart Delivery”), whereby your Order shall be processed within one (1) business day of receiving the Member’s request (the “DART Feature”). The availability of Dart Delivery shall be notified to you as will the cost of the Dart Delivery. Due to the nature and speed involved with Dart Delivery, once selected and paid for, we will be not able to amend your Order or provide a refund for the Dart Delivery cost.

4. PURCHASE OPTION

The following Sales Terms will apply where you choose to purchase a Product already in your possession through your Membership:

A. General Conditions of Purchase Option

Only those Products shown on the Services as available for purchase are eligible for purchase by you. You also acknowledge that only Members are eligible to purchase Products on the Services. THE PRODUCTS FOR SALE MAY HAVE BEEN PREVIOUSLY USED BY OTHER CUSTOMERS AND ARE NOT NEW, AND THEIR CONDITION WILL BE THAT OF A PREVIOUSLY USED PRODUCT. Although Products are sold on an “as is” basis, this does not affect your legal rights in relation to Products that are faulty or misdescribed, which are set out at Section 8 below. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. For more information on purchasing or returning a purchased Product from us, please review our Frequently Asked Questions page at support.LKBorrowed.com.

B. Purchase Price and Payment

The purchase price (“Purchase Price”) for the Products will be the price of the Product and any VAT listed on the Services when you placed your Order. We take all reasonable care to ensure that the Purchase Price advised to you is correct. However, it is always possible that, despite our best efforts, some Products may be incorrectly priced. We will normally check Purchase Prices before accepting your Order so that, where the actual Purchase Price at your order date is less than our stated Purchase Price at your order date, we will charge the lower amount. If the correct Purchase Price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Agreement, refund you any sums you have paid and require the return of any Products provided to you. We accept payment from the providers listed here. Upon your purchase Order for a Product, you authorize us to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price when we dispatch the Product(s) to you, or if the Product(s) are already in your possession through your Membership Plan, we will charge your Membership Plan payment card immediately upon your purchase Order. Purchase Prices include VAT. If the rate of VAT changes between your order date and the date we supply the Product(s), we will adjust the rate of VAT that you pay, unless you have already paid for the Product(s) in full before the change in the rate of VAT takes effect.

C. Purchasing Product(s)

All Products available for purchasing by you will already be in your possession at the time of ordering. As such, the delivery costs of the purchased Product are included in your Membership.

If you wish to make a change to the Product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply and anything else that would be necessary as a result of your requested change and ask you to confirm whether you wish to proceed with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Agreement (see Section 5).

D. Returning Purchased Products

Where you have bought Product(s), you have 14 days after the day you (or someone you nominate) received the Product(s) to change your mind about the Product(s) and return the Product(s).

We will pay the costs of return:

if the Product(s) are faulty or misdescribed; and
if you are ending the Agreement because of an error in pricing or description, or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances, you must pay the costs of return. We offer a convenient way to return your Product(s). Simply contact our customer service team to request a return label, securely package your Products and drop your return off at your local Post Office. We recommend that you retain proof of postage. You will be charged a £3.25 return delivery fee (inclusive of VAT), which will be deducted from your refund. Please note that you cannot use the Returns Packaging, which is strictly for return of rented items only. Should you use the Returns Packaging we reserve the right to charge you for its use. Please review Section 7 below to learn how we will process your refund.

5. YOUR RIGHTS TO END THE AGREEMENT

A. You can always end your Agreement with us

Your rights when you end the Agreement will depend on your Order, whether there is anything wrong with it, how we are performing and when you decide to end the Agreement:

If what you have bought is faulty or misdescribed, you may have a legal right to end the Agreement (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back), see Section 8;
If you want to end the Agreement because of something we have done or have told you we are going to do, see Section 5.B;
If you have just changed your mind about the Product or Membership, see Section 5.C. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products you have purchased;
In all other cases (if we are not at fault and there is no right to change your mind), see Section 5.F.

B. Ending the Agreement because of something we have done or are going to do

If you are ending an Agreement for a reason set out in (a) through (e) in this Section 5.B, the Agreement will end immediately, and we will refund you in full for any Product(s) that have not been provided. You may also be entitled to compensation. The reasons are:

we have told you about an upcoming change to the Product(s) or these terms which you do not agree to;
we have told you about an error in the Purchase Price or description of the Product(s) you have ordered and you do not wish to proceed;
there is a risk that supply of the Product(s) may be significantly delayed because of events outside our control;
we have suspended supply of the Product(s) for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than one month; or
you have a legal right to end the Agreement because of something we have done wrong (including because we have delivered late).

C. Exercising your right to change your mind (Consumer Contracts Regulations 2013)

For most products bought online, you have a legal right to change your mind within 14 days (the "cooling-off period") and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.

D. When you don't have the right to change your mind

You do not have a right to change your mind in respect of:

any purchased Product or Membership where the period to change your mind set out in Section 5.E below has expired; and
Services, including your Membership, once such Services have been completed, even if the cancellation period is still running. Normally, our customers request that the Services start immediately. If the Services are completed during the cooling-off period, then you do not have the right to a full refund. We consider adding 6 garments to the online closet to be completion of the Service. As such, each customer who requests that the Services start immediately and then fills their online closet with at least 6 garments no longer has the right to a full refund.

E. Periods of time to change your mind

How long you have to change your mind depends on what you have ordered and how it is delivered.

Where you have bought Services, such as a Membership Plan (whether or not including a 30 Day Free Trial period), you have 14 days after the day we email you to confirm we accept your Order to change your mind. However, once we have completed the Services, which will occur when you add at least 6 garments to your online closet, you cannot change your mind, even if the 14-day period is still running. If you cancel after you have purchased a Membership Plan but before you have added 6 garments to your online closet, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
Where you have bought Product(s), you have 14 days after the day you (or someone you nominate) receives the Product(s) to change your mind about the Product(s).

F. Ending the Agreement where we are not at fault and there is no right to change your mind.

Even if we are not at fault and you do not have a right to change your mind, you can still end the Agreement. A contract to purchase Product(s) is completed when the Product is in your possession and paid for. Details about how to cancel your Membership are set out in Section 2.H.

G. Returning Product(s) from rental subscription after ending the Agreement for Services

If you end the Agreement for any reason after Product(s) have been dispatched to you or after you have received them, you must return them to us. You must post the Product(s) back to us at LK Borrowed Returns, 6 Dovecote Road, Central Point Logistics Park, Eurocentral, Motherwell United Kingdom ML1 4GP. Please contact customer service at support@LKBorrowed.com or 0808 189 0678 for a return label if you have not been provided with Return Packaging. If you are exercising your right to change your mind, you must send off the Product(s) within 7 days of the last day of the applicable Membership subscription period during which you cancel. Please see Section 2.H for additional details on return of Product(s) where you are cancelling your Membership. The cost of return is included in your Membership fees.

6. HOW TO END THE AGREEMENT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

A. Tell us you want to end the Agreement

To end any Agreement with us, please let us know by doing one of the following:

Phone or email. Contact customer services at support@LKBorrowed.com or 0808 189 0678. Please provide your name, home address, details of the Order and, where available, your phone number and email address.
To cancel your Membership, you can also click on the link in your initial Membership confirmation email or complete the form on the Services.

You are welcome to use the Model Cancellation Form set out at the end of this Agreement, but there is no requirement to do so.

7. REFUNDS

A. How we will refund you

We will refund you the Purchase Price or the Membership Fee (as the case may be), by the method you used for payment. However, we may make deductions from the Purchase Price or Membership Fee (as the case may be), as described below. Please note that it may take up to 5 working days for your bank to credit your account. We are not liable and cannot take responsibility for any bank charges that you may incur during the refund process.

B. Deductions from refunds if you are exercising your right to change your mind

If you are exercising your right to change your mind:

When refunding a purchased Product, if an item is returned to us damaged beyond fair wear and tear or in an unsaleable or unrentable condition, we have the right to withhold a refund of the Purchase Price and we may have to send the item back to you and ask you to cover the delivery costs. Alternatively, we (at our sole discretion) may choose to reduce your refund to reflect any reduction in the value of an item. Normal wear and tear encompasses minor stains, minor rips, missing beads, stuck zippers or other minor damage covered by the insurance included with your Membership for applicable Product(s). If we refund you the Purchase Price before we are able to inspect the Product(s) and later discover that you have handled them in an unacceptable way, we may request that you pay us an appropriate amount.
When refunding a purchased Product, we may deduct £3.25 from any refund to cover the shipping cost (including postal fees).
When refunding a Membership Fee, we may deduct from any refund an amount for the supply of the Membership service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Agreement.
When refunding a Membership Fee, we may deduct an amount from any refund if you return a Product that is damaged beyond normal wear and tear, as reasonably determined by us. The deduction will cover the price of repairing or replacing the Product, as determined by reference to the retail price of the Product. If the Membership Fee does not cover the full amount of the price of repairing or replacing the Product, we may charge you for the outstanding amount.

C. When your refund will be made

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

If you are returning purchased Product(s), your refund will be made within 14 days from the day on which we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product(s) back to us.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

8. IF THERE IS A PROBLEM WITH A PRODUCT OR YOUR MEMBERSHIP

A. How to tell us about problems

If you have any questions or complaints about a Product or your Membership, please contact us. You can telephone our customer service team at 0800 048 8204 or write to us at support@LKBorrowed.com.

B. Summary of your legal rights

We are under a legal duty to supply Product(s) that are in conformity with this Agreement. See below for a summary of your key legal rights in relation to the Product(s). Nothing in these terms will affect your legal rights.

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is a good (for example, clothing), the Consumer Rights Act 2015 says the product must be as described, fit for purpose and of satisfactory quality.

See also Section 5.C. - Exercising your right to change your mind (Consumer Contracts Regulations 2013)

If your product is a service (for example, your Membership Plan), the Consumer Rights Act 2015 says:

You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
If you haven't agreed to a price beforehand, what you're asked to pay must be reasonable.
If you haven't agreed to a time beforehand, it must be carried out within a reasonable time.

See also Section 5.C - Exercising your right to change your mind (Consumer Contracts Regulations 2013).

C. Your obligation to return rejected Product(s)

If you wish to exercise your legal rights to reject Product(s) for being damaged, you must post them back to us. We will pay the costs of postage. Please call customer services on 0800 048 8204 or write to us at support@LKBennettboxunlimited.co.uk for a return label if you are returning a purchased Product. Otherwise, for all rented Products, please use the Return Packaging. If you need additional Return Packaging, please contact our customer service team.

9. GIFT MEMBERSHIPS

The following additional terms and conditions apply to the sale, use and redemption of LK Borrowed electronic-only “digital” gift memberships (collectively, “Gift Memberships”). In addition to the terms in this Section 9, the purchase, use, and redemption of Gift Membership are considered part of the Services subject to this Agreement and the Terms.

A. Redemption and Use

Gift Memberships may only be purchased online. If you purchase a Gift Membership, you have 14 days after the day we email you to confirm we accept your Gift Membership purchase to change your mind. However, once we have completed the Services, which will occur when the recipient of the Gift Membership has redeemed the Gift Membership code, you cannot change your mind, even if the 14 day period is still running.

Gift Memberships are redeemable only for eligible prospective and current Members, as determined in accordance with Section 2 of this Agreement, who have a shipping address located in Mainland UK. See Section 1 above for a list of Excluded Areas. Limits may apply to Gift Membership redemption and use. A Gift Membership may only be used towards the Membership Fee and cannot be used to purchase Products or other Gift Memberships. When a Gift Membership is redeemed and activated, the total value of the Membership will be deducted from the currently available Gift Membership’s balance, and your subscription will simultaneously begin. You will not be eligible for any promotions, offers, or incentives during the Gift Membership period. Unless you cancel your Membership prior to the expiration of your Gift Membership term, your Membership will automatically renew at the end of the Gift Membership term, and you will automatically be billed the applicable Membership Fee on a recurring monthly basis. Your Gift Membership will expire on the date designated in the Gift Membership notification. Your Gift Membership cannot be paused. The Gift Membership number will be delivered to the recipient’s email address that the purchaser provides at the time of purchase of the Gift Membership. Purchaser is responsible for providing an accurate and deliverable recipient email address. The recipient will usually receive the Gift Membership via email within 24 hours, or on the delivery date the purchaser chooses, which must occur within ninety (90) days from the purchase date. For assistance with a Gift Membership, please reach out to customer service at 0808 189 0678 or write to us at support@LKBennettboxunlimited.co.uk.

B. Expiration and Fees

The recipient of a Gift Membership will have 12 months to activate their Gift Membership from the date of purchase (“Activation Period”). Redeeming a Gift Membership is not subject to any activation fee. Gift Memberships are final and not redeemable, transferable, or exchangeable for cash or any other similar value (except as required by law). In the event that a Gift Membership fails to be redeemed within the Activation Period, no refunds or credit shall be available and the Gift Membership shall be void. Gift Memberships cannot be reloaded and are not refundable.

C. Lost, Stolen, or Damaged Gift Membership; Unauthorized Use

You should treat your Gift Membership like cash and protect it accordingly. Title to and risk of loss for Gift Memberships passes to the purchaser upon sale. We reserve the right to refuse to accept Gift Memberships that we believe were fraudulently obtained. We are not responsible if a Gift Membership is lost, stolen, destroyed, damaged, or used without permission; however, Gift Memberships may be replaced, at our sole discretion, if lost, stolen or damaged only with proof of purchase and only for the value shown on our records. We are not responsible if your Gift Membership is used without your permission.

D. Cancellation of Membership

If you cancel your Gift Membership, your account will expire at the end of the Gift Membership term and your account will be deactivated. After your cancellation request, you’ll be able to continue to use the Services for the remainder of your Gift Membership term. When the Gift Membership term expires, your cancellation will take effect and you will no longer be able to use the Services.

10. OUR RESPONSIBILITY TO YOU

A. We are responsible to you for foreseeable loss and damage caused by us

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen (for example, if you discussed it with us during the sales process).

B. We do not exclude or limit in any way our liability to you where it would be unlawful to do so

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Product(s), including the right to receive Product(s) that are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective Product(s) under the Consumer Protection Act 1987.

C. We are not liable for business losses

We only supply the Products and Memberships for domestic and private use. If you use Products or Memberships for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy.

12. OTHER IMPORTANT TERMS

A. We may transfer this Agreement to someone else

We may transfer our rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under the Agreement.

B. You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under this Agreement to another person if we agree to such transfer in writing. We may not agree if this would result in the transfer of a Membership or Gift Membership to a third party.

C. Nobody else has any rights under this Agreement

This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Agreement or make any changes to the terms of this Agreement.

D. If a court finds part of this Agreement illegal, the rest will continue in force

Each provision of this Agreement operates separately. If any court or relevant authority decides that any provision is unlawful or otherwise unenforceable, the remaining provisions will remain in full force and effect.

E. Even if we delay in enforcing this Agreement, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things, and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not pursue you for the missed payment but we continue to provide you with Services, we can still require you to make the missed payment at a later date.

F. Which laws apply to this Agreement and where you may bring legal proceedings

This Agreement is governed by English law, and you can bring legal proceedings in respect of the Product(s) or your Membership in the courts of England and Wales. If you live in Scotland, you can bring legal proceedings in respect of the Product(s) or your Membership in either the courts of Scotland, England or Wales. If you live in Northern Ireland, you can bring legal proceedings in respect of the Product(s) or your Membership in the courts of Northern Ireland, England or Wales.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the Agreement)

To LK Borrowed by LK Bennett.

I hereby give notice that I want to cancel my contract of sale of the following goods or services (insert description including order date and date received, if applicable, here):

Name:
Address:
Date

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