The Cuddle Collective C.I.C.

Terms of Borrowing

You're nearly there! Before you can hire from the Cuddle Collective, we need you to agree to our terms and conditions of borrowing:

These are important legal terms and conditions that set out the contract between you and The Cuddle Collective C.I.C. and it is very important that you read them carefully.

If you feel that anything in the following is unclear, then please let us know before borrowing an item.

By borrowing an item from The Cuddle Collective C.I.C. you confirm that you have read and understand the following terms and conditions and agree to be bound by them.

The terms and conditions set out the entire agreement between you and The Cuddle Collective C.I.C.

Definitions

‘Borrowing’ – the act of hiring an item from a The Cuddle Collective C.I.C. for the stated fees and returning it on the stated return date.

'Cleaning Fee’ – any cost incurred by The Cuddle Collective C.I.C. to clean an item that is returned by a Borrower in a state that is deemed unacceptable by The Cuddle Collective C.I.C..

‘Late Fee’ - 1.5x the daily cost of the Thing for each day the Thing is overdue.

‘The Cuddle Collective C.I.C.’ (or ‘The Cuddle’, ‘us’, ‘we’ or ‘our’) – the purpose-led company lending out items to Members.

‘Member’ – any person who has created an account via the Cuddle’s website.

‘Return Date’ – the date by which a Thing must be returned to The Cuddle

‘Item’ – the complete item with all its associated parts, stocked by The Cuddle.

Joining & Membership

Only Members are permitted to borrow from The Cuddle Collective C.I.C. .

To become a Member, you must:

  1. Be aged 18 or above.

  2. Give your personal details: full name, current postcode, valid phone number and a valid email address so that we can contact you.

  3. Connect a valid debit or credit card to your borrowing account, with sufficient funds to pay for any items you hire.

  4. Tick to confirm that you have read these Terms of Borrowing and agree to be bound by them.

Borrowing

Member Responsibilities

These terms and conditions are to protect our library and the communities it serves. The Cuddle Collective C.I.C. is a social enterprise on a mission to make babywearing accessible to everyone

In practical terms, this means that every Member is required to return items clean, complete, on time and in working order for the next borrower - or reporting promptly when not, and covering replacements and repairs where you’re responsible.

As a Member, you are responsible for:

  1. Bringing the Item(s) back in a reasonable state. If items are returned to The Cuddle Collective C.I.C. in a state deemed unacceptable to The Cuddle Collective C.I.C., then The Cuddle Collective C.I.C. reserves the right to charge a Cleaning Fee determined by The Cuddle Collective C.I.C. to cover any cost incurred. If you receive the Item in an unacceptable state but do not report this to The Cuddle Collective C.I.C. upon receipt, you risk being charged a Cleaning Fee if the item is found unacceptable after your return.

  1. You understand that The Cuddle Collective C.I.C. is not responsible for any manufacturing defects. To the best of our knowledge, the items we hire are safe, we are not the manufacturers, and take no responsibility for manufacturing defects.

  1. You Understand that you are responsible for the safety and wellbeing of your baby at all times. The Cuddle Collective C.I.C. only provides you with the tools, we cannot make sure that they are used properly or safely. That is the responsibility of the Member, and we accept no responsibility or liability for any injuries or death.

  2. Not attempting to wash your carrier. We understand that life happens, but baby carriers and accessories can be easily damaged by washing incorrectly. If you need to wash the carrier, please contact us to have a chat about how best to do this. We can guide you through it.

  3. Using a tracked mailing service. If you are returning by post, you must make sure that the item is double bagged to prevent damage, and that you use a tracked mailing service, and keep the proof of postage and tracking information. ITEMS THAT ARE NOT POSTED TRACKED, AND ARE SUBSEQUENTLY LOST WILL BE CHARGED TO YOU.

Return Postal Address

The Cuddle Collective C.I.C.

Enterprise House,

22 Station St,

Bishops Castle

SY9 5AQ

  1. Returning the item back on time. You must return the Item(s) to The Cuddle Collective C.I.C. by closing time on the stated Return Date, or have posted the item to us by closing time on the stated return date by a tracked postal service. You are able to change the Thing’s Return Date by logging into your account on the The Cuddle Collective C.I.C. website, and extending your hire. This is only possible if:

    1. There are no reservations made by another Member starting on or before your new proposed Return Date.

    2. The item is not already overdue.

If you have any difficulties with extending your hire, you must contact The Cuddle before the closing time on the stated Return Date.

You understand that returning Item(s) after their Return Date will incur a Late Fee of 1.5x the daily cost of the item for each day the Item(s) is overdue.

IMPORTANT: If you do not return the Item(s) within 30 days of your Return Date without prior agreement with The Cuddle, then the Item(s) will be considered a ‘non return’ and you will be charged the full replacement cost of the Item(s), in addition to any late fees already charged.

We will notify you in writing via email and send you an e-receipt for all fees charged.

The Item(s) remains at all times the property of The Cuddle Collective C.I.C. and dishonestly retaining an item(s), or any part of it, is theft, which is a criminal offence.

  1. Bringing the Item(s) back with all its parts. You understand that if you do not report to The Cuddle Collective C.I.C. any parts missing on receipt, or return all included parts of an item, you will be charged the replacement cost for each missing part.

  2. Reporting any damage immediately to The Cuddle, so that we can manage affected subsequent borrows and arrange a repair/replacement. We will not charge you for 'reasonable use' wear and tear, if reported honestly and immediately.

But where the Item(s) has been used inappropriately or unreasonably damaged, The Cuddle Collective C.I.C. will charge you for the repair or replacement of the Item(s) - at our discretion upon inspection.

  1. Cancellations can only be made before an item has been mailed. If you no longer need to borrow a Item(s), you must cancel it before this to receive a full refund. Cancellations after this deadline will not be refunded.

  2. Keeping the Item(s) safe. The Item(s) is your responsibility to keep safe from the moment of receipt to the moment it arrives back with us. If you lose the Item or its stolen from you, we will consider it a ‘non return’ and charge you the full replacement cost.

  3. Visually checking the completeness and safety of a Item(s) items before use. It is the Member’s responsibility to report any damage or missing parts upon receipt of an Item(s), or you will be held responsible and incur repair or replacement charges. For example, check you have all parts, check the buckles and straps for any visible damage before use, and make sure you use the item as intended.

  4. Using the Item(s) in a safe and proper manner for the job that it is designed for. You are responsible for using any Item(s) you borrow safely and properly and for the job it is designed to do,

You must stop using a Thing immediately if it becomes unsafe.

The provision of advice and guidance by The Cuddle Collective C.I.C. is for information only and Members remain fully responsible at all times for using the Things(s) safely and properly and for the job it is designed for, whether or not that is set out or referred to in a how-to guide.

  1. Paying the total amount owed for the Item(s) borrowed. Members will be charged the stated rates for borrowing Item(s) and subsequent charges. The debit or credit card linked to your account is charged when you reserve the Item(s) or charges are communicated. If you don’t have enough funds to pay any fees you owe, we will work with you to try and find a solution. If we cannot find a resolution, The Cuddle Collective C.I.C. may take legal action, including charging administration and legal fees.

PLEASE TAKE SPECIAL CARE TO READ AND UNDERSTAND THE FOLLOWING CAPITALISED UNDERLINED WORDS IN BOLD TEXT, WHICH ARE PARTICULARLY IMPORTANT: AS A MEMBER, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE CUDDLE COLLECTIVE C.I.C. , ITS OFFICERS, AGENTS, AND EMPLOYEES FOR ANY AND ALL LIABILITY, LOSS, CLAIMS AND DEMANDS, ACTIONS OR CAUSES OF ACTION FOR THE DEATH AND INJURY TO ANY PERSON AND FOR ANY PROPERTY DAMAGE SUFFERED OR INCURRED BY ANY PERSON, WHICH ARISES IN ANY WAY FROM THE USE OF THE ITEM(S) YOU ARE BORROWING.

If we discover that you are not respecting the rules and responsibilities of borrowing, we reserve the right to terminate your membership at any time.

You understand that legal action may be taken against you if you do not comply with these terms and conditions.

The Cuddle Collective C.I.C. ’ responsibilities

The Cuddle Collective C.I.C. is hiring baby carriers and accessories

  1. Taking reasonable action to ensure the quality and safety of its Item(s), including:

    1. Checking the item before and after every hire, and making sure it is safe to use.

    2. Cleaning and maintaining items between hires

    3. Having items professionally repaired if required.

    4. Retiring items that do not meet our standards for safety.

  2. Providing public liability insurance for hiring Item(s) to Members and making clear that this only covers Members when they are using Item(s) for personal use. Insurance does not apply if Members lend or rent Item(s) to other people.

  3. Handling any issues and complaints relating to borrowing in a timely manner, including making a direct refund to a Member's payment method if for any reason the Member has been overcharged for the Item(s) borrowed. This refund takes up to 10 days to reach the Member's bank account from the time of discovery.

  4. Storing all Member data as securely as reasonably possible, handling data sensitively and ensuring data is compliant with the General Data Protection Regulation and other data protection laws. See The Cuddle Collective C.I.C. Privacy Policy below for more information on how we do this.

  5. The Cuddle Collective C.I.C. reserves the right to reject a reservation when deemed to be against Member responsibilities, our mission and/or values - and will clearly communicate our reasons for doing so. This includes if you have previously breached these terms and conditions or if The Cuddle Collective C.I.C. has reason to suspect that you have or will do so.

Communicating with you

As a Member of The Cuddle Collective C.I.C. you will receive some communications from us, including:

  1. reservation and collection receipts each time you reserve and borrow

  2. a welcome email with information on how borrowing works

  3. occasional service updates

  4. personalised promotions and offers

  5. newsletters

If you want to disable borrowing receipts, you can do so by letting us know.

If you want to disable our updates and newsletters at any time, you can do so by clicking ‘unsubscribe’ at the bottom of the email.

If you no longer want to be a Member of The Cuddle Collective C.I.C. , email us on hello@thecuddlecollective.co.uk We will delete all of your personal data within 5 working days