Terms & Conditions
|1. Summary |
The terms and conditions regulate the contractual relationship between the Subscriber and the Isla Inspired Organic Baby Clothes Library. The contractual relationship implies that Isla Inspired makes children’s clothes available to the Subscriber against payment of a monthly allowance. The children’s clothes come from a variety of high-quality organic retailing brands. During the term of the subscription the clothes can be exchanged to suit the child’s size and physical development. The guiding principle is that the subscriber will only have one package of clothing at a time for a pre-arranged period of use, after which it will be replaced with children’s clothing in a bigger size. The clothes are of such high and sustainable quality that they can be replaced and used several times before being discarded. Isla Inspired makes sure that the children’s clothes are always delivered punctually and in every respect in clean, presentable and usable condition. Children’s clothes are and shall remain the property of Isla Inspired during the entire term of the contract. The general conditions give further detailed information about the agreement and about the Subscriber’s right to cancel.
2. Scope of Application
This framework (hereinafter referred to as the ‘Terms’) applies to the Isla Inspired agreement with one party (hereinafter called the ‘Subscriber’) after which Isla Inspired, against payment of a monthly payment from the Subscriber, makes children’s clothes available for the Subscriber’s use (hereinafter called the ‘Usage Agreement’). The Subscriber must read and accept the terms and their content as part of the conclusion of the usage agreement with Isla Inspired. The usage agreement shall be construed as an agreement whereby one party agrees with another party about the right to use a specified item within an agreed period of time against payment of a continuous monthly amount to Isla Inspired. The objects Isla Inspired has made available are to be returned to Isla Inspired after the expiration of the agreed period of use.
The usage agreement includes specific children’s clothes, and provides that the available children’s clothes are continuously replaced in such a way that the package size during the entire usage period is, as far as possible, to fit a normal child’s growth curve. Under these conditions, the children’s clothes, which are made available by Isla Inspired for the Subscriber are described as the ‘package’.
If the usage agreement is concluded via Internet, the Subscriber has the right to terminate the agreement and receive any refund due from Isla Inspired by giving 14 days’ notice of the conclusion of the contract of use. It is a prerequisite for the use of the right of cancellation that the cancellation period is complied with, and that the Subscriber has followed the procedure for termination of the usage agreement.4.2
The Subscriber must pay the postage costs associated with the return of the package by use of the right of withdrawal.4.3
If the Subscriber has received a gift subscription containing a free gift, the gift must also be returned if the right of withdrawal is use, and the Subscriber must pay the postage costs associated with the return of the package.
5. Proprietry Rights
The package is the property of Isla Inspired Ltd. The Subscriber has the sole right to use the package and is therefore unwarranted to sell, rent or otherwise dispose of the package.
6. Use of the Package
The Subscriber is entitled to use the package for the period subject to payment of the monthly amount.6.2
The Subscriber may not alter or transform the clothes in any way. However the Subscriber is entitled – but not obliged – to make or, at its own expense, carry out repairs to the items of clothing, as the Subscriber deems necessary for the continued use of the package, as a result of normal wear and tear, provided that the items of clothing are not modified or converted. Any concerns over the condition or quality of the package can be directed to email@example.com
Isla Inspired recommends that the Subscriber washes the clothes with the most gentle and environmentally friendly means possible, following the manufacturers instructions as all times. Tumble drying clothes is not recommended.6.4
Washing instructions or similar labels must not be removed from clothing items.
As payment for the right to use the package, the Subscriber pays a monthly allowance for Isla Inspired services (hereinafter called ‘Services’).7.2
Interest will be due for late payment of the monthly subscription or other amount due under the usage agreement.7.3
The loss damage or impairment of the clothes, which are not related to the Isla Inspired service, does not relieve the obligation to pay the subscription. The loss or ruination of clothes, as well as the termination of the usage agreement, shall be determined by the parties in accordance with point 11.7.4
Isla Inspired has the right to levy a partial payment, against the depreciated costs, for loss or ruination of clothing.
The Subscriber agrees to contact Isla Inspired immediately upon delivery and ongoing replacement of packages where the package has any errors or omissions.
9. Agreed replacement and return of the package
The Isla Inspired business model is based on the package being continuously replaced during the usage period, so that the children’s clothing sizes remain similar to the child’s physical development. By agreeing to continuous replacement of the package, the Subscriber shall only have in their possession the size of clothing that aligns with their child’s physical development and will return the children’s clothing at the time of replacement when they exchange for a new selection size appropriate for the age that the child has reached.9.2
The Subscriber shall be obliged to return each package in its entirety at the end of each usage period, and to return the final package at the end of the subscription period. In the context of agreed ongoing replacement all items of clothing that the Subscriber has in their possession until the time of replacement must be returned.9.3
The Subscriber cannot keep the package or any part thereof without payment to and separate specific agreement of Isla Inspired Ltd.
The subscription may be terminated with 1 month notice to the end of a month, after 3 months of the date of first delivery.
If this usage agreement is terminated as a result of that package being lost or destroyed, the Subscriber is obliged to pay:11.1.1
Any overdue unpaid claims, plus accrued interest.11.1.2
Any unfulfilled requirements on payment, including those for the remainder of the minimum contract period or the termination period, if binding period has expired.11.1.3
Replacement for any loss suffered as a result of the Subscriber’s breach, and/or as a result of the termination of the contract before expiry of the agreed period of use.
The Subscriber’s payment obligations in connection with the termination in accordance with section 11.1 shall be reduced by an amount equal to the amount that Isla Inspired can achieve by exercising its duty of restraint, including loss through the conclusion of corresponding agreement on use of the package with a new Subscriber for the remainder of the usage period. Similarly for the grossed amount, if Isla Inspired gets paid an insurance sum for the package. To the extent such proceeds or value insured exceeds Isla Inspired’s claim against the Subscriber as described in section 11.1, the Subscriber will not be required to pay the excess amount.
12. Isla Inspired Responsibility
Isla Inspired undertake to provide the chosen package in the usage agreement entered into with the Subscriber and thus guarantees the quality and durability of the Isla Inspired package.12.2
After the Subscriber’s return of the package to Isla Inspired, it will be examined to ensure that all items have been returned, and that each item of clothing continues to meet quality requirements so that it can be made available to a new Subscriber.12.3
Where an item of clothing has been used in the past, Isla Inspired ensures that the clothes are laundered and pressed to a high specification, using 100% natural laundry products. Isla Inspired guarantees that the package will always arrive in completely clean condition and ready for use.
The Subscriber is obligated to maintain, wash and store the clothes in accordance with the washing instructions and the normal handling and use the package requires. The package must not be exposed to higher impairment than what amounts to general wear and tear.
14. The Subscriber's Responsibility for the Package
The Subscriber bears the risk for the package from delivery until the time when the package is returned to Isla Inspired in accordance with section 9. If any of the items are damaged or lost, the Subscriber must immediately inform Isla Inspired thereof.14.2
The Subscriber is not liable for ordinary wear and tear by normal use of the clothes items. The Subscriber may, however, be held liable, if any of the clothes are damaged as a result of their use which falls outside the scope of what is meant be common uses, including, but not limited to cases where the item of clothing has been used as a cleaning tool, for example, as a polishing cloth, floor mat or similar.14.3
If the package or any part of it is damaged or lost during the usage period, the Subscriber must immediately write to firstname.lastname@example.org or telephone 01458 445553.
15. Enquiries to Isla Inspired
Enquiries and questions about subscription usage agreement and anything else can be made at email@example.com or by calling 01458 445553. We answer the telephone every weekday from 9am-5pm.
Isla Inspired can terminate the usage agreement with immediate effect if the Subscriber significantly breaches it’s obligations as described in this usage agreement. Isla Inspired can claim compensation from the Subscriber for any loss that Isla Inspired had to suffer as a result of the Subscriber’s breach of contract. Material breach may be:16.1.1
Where the Subscriber fails to pay subscription monies for more than 10 days.16.1.2
Where the Subscriber repeatedly fails to maintain the package.16.1.3
Where the subscriber does not return the entire or parts of the package, including in connection with ongoing agreed replacement.16.1.4
Where the subscriber resells, or otherwise disposes of the package in violation of the usage agreement.
Isla Inspired may elect/offer to allow the Subscriber 14 days to remedy the breach of contract, if it believes there is scope for the subscription to continue.
Isla Inspired is entitled to transfer the package and all rights under the usage agreement and conditions to a third party. Such a transfer does not relieve Isla Inspired obligations to the Subscriber in accordance with the usage agreement or those conditions.
18. Force Majeur
Isla Inspired is not responsible for the non-fulfilment of the usage agreement or conditions caused by events outside reasonable control.
19. Date and Modification of Terms
The present conditions are applicable from 1st September 2016.19.2
Isla Inspired reserves the right, at any time, to change the conditions. Changes will be reflected on the website. The Subscriber is therefore called upon to regularly visit www.islainspired.co.uk to keep informed of any changes.19.3
If Isla Inspired makes significant changes in condition, it will provide the subscriber with a message on their Isla Inspired account email which the Subscriber has provided. Changes in conditions may not enter into force in relation to the Subscriber until after 3 months from the notification of the changes.