Terms & Conditions

When hiring through Baboodle you are agreeing to enter into a binding contract with Baboodle.

 

Definitions: 

Billing Date

The Billing Date is the date of each calendar month that the Monthly Fee will be due, excluding the first Monthly Fee which happens at the point of checkout. This date is determined by the day of the month in which the item is delivered, and remains the same day of each month thereafter unless changed under the terms of this agreement.

Cancellation Charge

The cancellation charge is the amount you must pay when ending your Rental Plan early, if you have committed to a fixed term. It is calculated as the difference between the total you have paid under the Rental Plan in question so far, and the total amount that would have been due if you were only renting up to the date that you wish to cancel.

For example: you have rented a pram for 3 months at a cost of £37 a month. The cost to rent the pram for 1 months is £42 a month. If you choose to cancel after 1 month, the Cancellation Charge would be the difference in the monthly fee multiplied by the number of months you have rented the pram for. In this instance it would be £42 - £37 = £5 * 1 month = £5.

If you would like to cancel your order prior to receiving it you will be charged a cancellation fee of £10 to cover costs to us from our payment provider. Alternatively, we can change your item and / or delivery date free of charge. 

 

Minimum Rental Period

The Minimum Rental Period is the time you choose to rent the item for. You select this timeframe at checkout and is confirmed in the confirmation email you receive upon completion of the transaction.

Monthly Fee

The Monthly Fee is the amount you pay each month in exchange for renting the item during the Rental Period. It is payable monthly in advance. The amount due is laid out during the checkout process on the Platform, and also in the confirmation email you receive once you’ve transacted. The first Monthly Fee is taken at the point of checkout. The second Monthly Fee is taken one calendar month after the item is delivered and subsequent Monthly Fees are taken on the same date each month thereafter.

Rental Plan

Refers to the agreement to rent an item from Baboodle which you enter into by transacting to rent through the Baboodle website. This may be a fixed term or a rolling contract.

The Platform

Means the Baboodle website at www.baboodle.co.uk.

 


The Terms of Use:

 

Contract

By creating a Baboodle account or entering into any form of transaction with Baboodle, you are agreeing to these terms of service. You agree that an account will be made for you with Stripe using the same details, in order to allow you to use the Baboodle service. Stripe handles the payments of your transaction.

Changes to the terms

We may revise these Terms and Conditions from time to time but the most current version will always be at https://baboodle.co.uk/pages/terms-conditions.

The Lease

Baboodle is leasing you equipment in accordance with the terms set out in this Agreement. You agree to uphold your obligations of any Rental Plan which you commit to on the website. If you enter into a rental plan you are obliged to pay your Monthly Fees for your Minimum Rental Period. Baboodle has the right to cancel a contract and refund the payment before dispatch of the goods if they decide that the customer has not met their minimum verification requirements or if the item is out of stock. The Lease commences on the date you make your first payment to Baboodle, and will continue indefinitely until your item is returned.

Ownership

Commencement of a Rental Plan does not constitute a change of ownership of the goods Baboodle to the customer. The equipment is not to be used as security in any manner.

As long as all payments are made inline with the terms set out in this Agreement and no default has occurred, we will not disturb your quiet and peaceful possession of the Equipment or your unrestricted use of the Equipment for the purpose for which the Equipment was designed.

Credit checks

When you sign up, we search your record at credit reference agencies to check if we can accept you as a member to manage our business risk. This is a 'soft search' and won’t impact your credit score. By accepting these terms and conditions you accept that there will be a credit check carried out using your personal information. You can read more about our credit checks here.

Delivery

Delivery of the item marks the beginning of your Minimum Rental Period. The item will be delivered upon successful  payment of your first Monthly Fee plus any associated delivery charges displayed at checkout. There is no fee charged for the period between checkout and the delivery date.

We always aim to ship your order to arrive with you on your preferred delivery date, however, our delivery times are reliant on the courier partners we use and we cannot be held responsible for any third-party delays to deliveries.

The end of the Contract

When the Minimum Rental Period has ended, you agree to move onto a rolling contract unless you notify us that you would like to end the contract at the end of the Minimum Rental Period. To do this, you must;

  • Notify us no later than 5pm (BST) on the working day prior to your next Billing Date; that you wish to cancel; and

  • Ensure that the item is received by¬†Baboodle¬†no later than 5pm (BST) on the working day prior to your next Billing Date.

Once both of these have happened, your Rental Plan has ended and no further Monthly Fees will be taken for the Item in question. If one or both of these do not happen, you will be moved to a rolling contract Monthly Fee will be processed on your usual Billing Date. Thereafter, payments will be taken on the same schedule as the original Rental Plan with the same Monthly Fee, on the same Billing Date. At any time during the rolling contract, you can choose to enter into a new Minimum Rental Period instead of remaining in Pay as you Go contract by getting in touch with us at hello@baboodle.co.uk.

Cancelling a rolling contract

You may cancel a rolling contract any time by notifying Baboodle; no later than 5pm (BST) on the working day prior to your next Billing Date; that you wish to cancel and returning your item to us no later than 5pm (BST) on the working day prior to your next Billing Date. Upon receipt of the item the Rental Plan will be cancelled and no further Monthly Fees will be charged. If the item is not returned prior to the next Billing Date, Monthly Fees will resume.

Early Termination

If you decide you do not wish to proceed with the Rental Plan, you may cancel it within 14 days of the item being delivered to you and receive full refund provided that:

  • Baboodle¬†receive the item back within 14 days of it being delivered to you;

  • the item is returned in the exact condition in which it was delivered with the same packaging and labels undamaged.

After this 14 day grace period, if you wish to terminate your Rental Plan earlier than the stated Minimum Rental Period you must pay a Cancellation Charge and return the item. The cancellation charge is calculated as the difference between the total you have paid under the Rental Plan in question, and the total amount that would have been due if you were only renting up to the date that you wish to cancel. Please note, shorter rental periods have higher rates so this figure will be unlikely to be proportionate to your existing Monthly Fee pro rata. To learn what your cancellation charge would be, please contact us and we will provide it for you.

If you cancel at any time between delivery and the Minimum Rental Period, then you will be liable for the full cost of the return delivery or shipping of your item.

Upon receipt of the funds and the item, your Rental Plan will be terminated and no further Monthly Fees will be taken. If the item is not returned in this timeframe, the Rental Plan will resume with the missed payment being immediately taken and Monthly Fees will continue until the item is received.

Use of the Equipment

The customer agrees to use the equipment in a good and careful manner and will comply with the manufacturers requirements and recommendations respecting the Equipment and within any applicable law, whether local, state, or federal respecting the use of the Equipment, including but not limited to, environmental and copyright law.

 The Equipment will be used for the purpose for which it was designed and not for any other purpose.

Unless the you obtain the prior written consent of Baboodle, you may not alter, modify, or attach anything to the equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the equipment.

Warranties

The Equipment will be in good working order and good condition upon delivery. The Equipment is of merchantable quality and is fit for the purpose.

Loss and Damage

Prior to every rental a Condition Report will be produced and stored. If you would like to view this report, please get in touch at hello@baboodle.co.uk. You agree to keep the equipment in good repair, appearance and condition, moral and reasonable wear and tear excepted.

To the extent permitted by law, you will be responsible for risk of loss, theft, damage, or destruction to the Equipment from any and every cause.

Once the item has been returned it will be assessed by our team for any damage caused against the Condition Report produced at the beginning of the rental period.

If the Equipment is not in good repair, appearance, and condition when it is returned to the us, we may make such repairs or may cause such repairs to be made as are necessary to put the Equipment in a state of good repair, appearance and condition, normal wear and tear excepted. We will make the said repairs within a reasonable time of taking possession of the Equipment and will give you written notice of any invoices for the said repairs, and you agree to pay for any amounts they deem due within 7 days of being notified, which will happen within 7 working days of receiving your item back.

If the item is lost damaged beyond repair, you must provide us with prompt written notice of the total loss, and will be charged the Replacement Value.

You may, but are not obliged to, enforce any warranty that the we have against the supplier or manufacturer of the Equipment.

Price and Payment

You agree to pay:

  • The full Lease Cost

  • Delivery Charges

  • Charges for Lease extensions

  • Full costs associated with loss, theft, destruction, damage, diminution of the equipment‚Äôs value caused by damage, repair and loss of use of the equipment

  • In the event of non-return, all costs associated with locating and recovering the equipment or failing this, the cost of replacing the equipment at the current recommended retail price.

Default

If you owe Baboodle money through the terms of these Terms of Service you agree to pay the sum promptly and not more than 48 hours from it being requested.  In the event that you do not pay the owed money within this timeframe, Baboodle may debit this amount from your card. In agreeing to these Terms you agree to allow us to do so and waive your right to chargeback this transaction with your bank. 

If you miss subscription payments and are uncommunicative with Baboodle, you agree that Baboodle can take a holding deposit or charge you up to the full value of the items you have rented. This deposit will be fully refunded upon receipt of the item, unless the item requires repair, replacement or if you do not continue to pay the remaining amount on your subscription. 

If the deposit is not able to be collected and you do not continue to pay the remaining amount on your subscription we shall be entitled to pursue you with legal action for the full retail value of the items, and your use of the platform will be permanently suspended. Non-communication will be regarded as theft and treated as such with the appropriate authorities and legal recourse.

If equipment is not returned, Baboodle reserves the right to take any and all necessary actions (including law enforcement and legal action) to locate, recover and regain possession of the equipment. You waive any and all damage occasioned by such taking of possession.

If recovery of the equipment is not possible, you will be responsible and agree to pay for the cost of replacing the equipment at their current recommended retail price.

If you breach the Terms of this Agreement by not returning the equipment or not paying for the cost of replacing the equipment, Baboodle reserves the right to take any and all measures necessary (including lawfully entering your premises and repossessing the equipment or otherwise) to terminate this agreement at any time. Any expense incurred by Baboodle in the recovery of the equipment or any fees or expenses payable by you under this contract shall be payable in full. Payment of any lesser sum than the amount due shall not discharge your obligations under this agreement.

Termination

Either party may terminate this  Agreement with immediate effect by giving notice to the other party if:

  • the other party commits a material breach of any term of the Contract and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified to do so;

  • the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

  • the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

  • the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.

Without affecting any other right or remedy available to it, Baboodle may terminate this Agreement with immediate effect by giving written notice if:

  • you¬†fail to pay any amount due under this Agreement on the due date for payment; or

  • there is a change of control of the Customer.

On termination of the Contract for whatever reason you shall immediately pay to Baboodle all outstanding unpaid Charges and interest and, in respect of Services supplied but for which no invoice has been submitted, Baboodle may submit an invoice, which shall be payable immediately on receipt.

Disputes

English law will apply to all disputes and the interpretation of these Terms and Conditions. If we need to apply to court to enforce any part of these Terms and Conditions against you or resolve any other dispute between us arising from or related to your use of the Baboodle Service, we will initially seek to apply to the English courts. 

Non-affiliation

Baboodle's mission is centered around sustainability. By utilising the power of the circular economy, we are able to keep items out of landfill, while making a happier, healthier planet. 

However, we are not affiliated, associated, or in any way officially connected with any of the companies and/or brands mentioned on our website or their subsidiaries or affiliates, unless otherwise stated.

The names of these companies, as well as related names, marks, emblems, brands, and images, are registered trademarks of their respective owners.

If you believe any content infringes your intellectual property rights, please submit a notice to us describing such infringement.

Limitation of Liability

Baboodle and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, disclaims all liability in contract, negligence, for breach of statutory duty, or under any indemnity or otherwise in connection with the Service and shall not be liable for any indirect, or consequential loss. Baboodle shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, as well as the following types of financial loss; loss of profits, loss of earnings, loss of business or goodwill in addition to the following types of anticipated or incidental losses; loss of anticipated savings, increase in bad debt and failure to reduce bad debt.

Where any matter gives rise to a valid claim against Baboodle its liability shall be limited to a sum equal to the sum paid for the Service supplied under this Agreement in the year the claim arises.

Nothing in these terms shall seek to exclude or limit liability for infringement, death, or for breach of its obligation under s12 Sale of Goods Act 1979 or s2 Supply of Goods and Services Act 1982 or fraudulent misrepresentation.

By agreeing to these terms you further agree not to make claim or take proceedings against any other person or corporation which might claim contribution or indemnity under the provisions of any statute or otherwise.

By using the Baboodle platform you understand the following:

  • You knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees or others, and assume full responsibility for¬†your participation; and,

  • You willingly agree to comply with the stated and customary terms and conditions for participation. If, however, you observe any unusual significant hazard during my rental, you will remove myself from participation and bring such to the attention of Baboodle Limited immediately; and,

  • You, for¬†yourself and on behalf of¬†your heirs, assigns, personal representatives and next of kin, hereby release and hold harmless the Releasees, with respect to any and all injury, illness, disability, death, or loss or damage to person or property, whether arising from the negligence of the releasees or otherwise, to the fullest extent permitted by law; and,

  • You agree that Baboodle's suppliers will have no liability of any kind arising from or relating to these paid services terms and conditions, or your lease.¬†

You can view the full waiver here.

Indemnity

Users agree to indemnify, defend and hold Baboodle, its parents, subsidiaries, affiliates, officers, directors and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by Baboodle or its parents, subsidiaries, affiliates, officers or employees in connection with the User’s use of the Platform in breach of this Agreement.

GDRP compliance information here.