TERMS & CONDITIONS

    1. AGREEMENT TO TERMS
      1. These Terms & Conditions govern your use of the COCOON website (the “Site”) and your COCOON membership including temporary ownership of our handbags as a member (the “Service”).
      2. By using our Site and Service you accept these Terms & Conditions and you agree to comply with them.
      3. This agreement is binding between you and us as soon as you:
        1. receive the confirmation for your account and logins from us; or
        2. access or use parts of our site that are not dependent on creating an account.
      4. If you do not agree with these Terms & Conditions you must not use our Site or Service.
      5. We recommend that you print a copy of these Terms & Conditions for future reference.

    2. MODIFICATION OF THE TERMS
      1. We reserve the right to modify these terms and conditions at any time without the consent of any other parties.
      2. These changes will be documented in this section of the site and it is our visitors’ and members’ responsibility to check this each time they use our site or services.

    3. ACCOUNT
      1. You can only sign up for the Service if you are at least 18 years of age and reside in mainland UK (excluding Northern Ireland).
      2. To sign up for the Service, you will provide us with your name, address, contact number, payment details and any other identification details we require. In providing these details, you confirm that the information you submit is yours, accurate, complete and up to date.
      3. To sign up for our service, we may need to request additional information including but not limited to a bank statement or utility bill to confirm your  address.
      4. You are solely responsible for maintaining the accuracy of your account information on our site.
      5. As part of the registration process, we have the right to carry out a soft credit check for identification purposes only. This will not affect your credit score in any way.
      6. In approving your membership, we may request additional information from you, including but not limited to; a copy of your passport, drivers licence, utility bill and social media handles in order to fully validate your identity. 
      7. When you begin the ID verification process, you’ll be asked to submit a picture of your government-issued ID and take a selfie photo. Our ID verification partner uses advanced face recognition technology to authenticate members in real time. This way, we know that the ID you've provided belongs to you and prevents identity fraud.
      8. We reserve the right to decline any application at our discretion, without disclosing a reason.
      9. Responsibility for the security of your account information and access is solely down to the named individual on the account. You are responsible for all activities, including purchases under your account, whether or not you authorised them. We accept no liability for any loss or damage from unauthorised access or use.
      10. It is your responsibility to notify us of any unauthorised use or access of your account known or suspected by you.
      11. It can take up to one business day for us to process an application for a COCOON membership. We will confirm the status of a membership application via email.
      12. If you do not complete the ID Verification process or send your additional information within 30 days, your subscription will be cancelled and order refunded. If you have placed an order for a bag with your membership, the bag will be reserved for 7 days before it is cancelled.
      13. Applicants who are accepted to use and pay for the Service will be deemed as Active Members and will have an Active Membership unless terminated in accordance with these terms.
      14. We have the right to suspend, terminate, or remove your Active Membership at any time at our own discretion due to any of the reasons that are or are not defined in these terms. If an account is suspended/under investigation for loss/damage of a bag, the member is liable to pay full membership fees until the account is reinstated.
      15. Membership start date begins when you sign up and pay for membership. If you would like to delay your charge date until you have selected a bag, you may do so by getting in touch with membership@cocoonclub.co.uk who can delay your next payment date, giving you your full month membership term before your next charge date. This can be delayed for up to 14 days from the initial purchase period.
    4. IDENTITY VERIFICATION
      1. COCOON reserves the right to verify the identity of each applicant using third partner verification technology. You'll be required to submit a picture of your government-issued ID and to take a selfie photo. Our ID verification partner uses advanced face recognition technology to authenticate members in real time. 
      2. COCOON collects and processes the following data: email, title, surname, date of birth, address, and phone number(s).
      3. We retain your data for the duration of your membership and all ID data is removed once your membership has been terminated. If your application is declined, we will not store your documents.
      4. You reserve the right to ask us to access the data we hold about you.
      5. All data, financial details, or documents you give us are stored securely, encrypted, and kept private as per our Privacy Policy.

    5. FEES, PAYMENTS AND CHARGES
      1. All payments on our site are in GBP and are inclusive of UK VAT
      2. You give us the pre-approval to confirm if your debit/credit card or other payment method is legitimate and has sufficient funds/credit to cover your payments.
      3. By signing up to the Service, you agree to us charging your recurring membership fee to your registered payment method each month on the same calendar date that you signed up for the Service. If you have a quarterly membership, you will be charged on the same date every 3 months. This is considered the “Membership Billing Cycle”.
      4. By signing up to the Service, you agree to a minimum membership term of 60 days for monthly memberships, and 90 days for quarterly memberships.  
      5. By signing up to the Service, you agree to having an active method of payment on your account at all times. If you cancel your payment method or remove your payment method from your account, this will be considered cancellation of your account without the due notice and having a bag without an active Membership, and the clauses relating to the return of bags will apply immediately, including clause 8. 
      6. If you wish to change your membership from monthly to quarterly or vice versa, please reach out to membership@cocoonclub.co.uk or upgrade your membership via checking out your upgraded membership on our website. 
      7. Any fees owed to us shall be charged directly to your registered payment method or taken from your Holding Fee as full or part payment of sums owed to us. 
      8. Any refunds due to you shall be refunded to the original payment method.
      9. Upon signing up to use the Service with a Full Time membership, we will charge your registered payment method £20 to act as a deposit (the ‘Holding Fee’). Flexi members will be charged a £20 Holding Fee. These will be refunded at the termination of your membership providing no charges are outstanding. Any other amounts for Holding fees will be refunded against their original amount.
      10. You agree to notify us of any issues or discrepancies in respect to payments within 60 days after they first appear in your account. If you do not notify us within 60 days you agree to waive your right to dispute these issues.
      11. If at any point during the Service or at the end of your Active Membership, you fail to return a bag to us, you will be charged in full for that bag, as well as any late fees, missed collections and membership fees due until the day the bag is collected. You will continue to be liable for these charges until such time as you have returned the bag and settled any unpaid fees, in accordance with clause 5.17.
      12. We offer two types of membership: Full time memberships which allow you to have a bag full time, or Flexi memberships which allow you to have a bag on a part time basis where you pay for the access of the bag for the duration of the time that you require it. 
        1. Full-time Memberships are charged the following membership fees for the following membership tiers:
          1. Starter: £49 per month, or bought quarterly at £132 for three months.
          2. Premium: £79 per month, or bought quarterly at £201 for three months.
          3. Deluxe:  £99 per month, or bought quarterly at £238 for three months.
        2. Flexi Membership is one up-front charge of £19. The £19 membership fee allows access to the full COCOON collection. In addition to the Flexi Membership charge, Bag Passes need to be purchased to access bags in the collection for one week at a time.
      13. Additional Bag Swaps: £20. These are charged when you are swapping the primary bag within your monthly or Quarterly Membership more frequently than your membership tier allows;
        1. Starter Monthly 1x Swap per month, Starter Quarterly 3 Swaps per quarter
        2. Premium Monthly 1x Swap per month, Premium Quarterly 3 Swaps per quarter
        3. Deluxe Monthly 2x Swaps per month, Deluxe Quarterly 6 Swaps per quarter
        1. Bag Passes:
          1. Charged weekly at £35 for bags within the Starter collection, £45 for bags within the Premium Collection and £55 for bags within the Deluxe Collection, charged every 8 days until the bag is returned.
          2. If a bag is not returned at the end of the Bag’s access period of either 1 month or 3 months, late fees can be charged in addition to the weekly access fee. Late fees for Bag Passes are as per our standard Late Fee of £10 per business day, and up to a maximum of 4 weeks, applicable to all active members.
        2. Additional Memberships: These are only available at the same level as the main membership, and can be billed monthly or quarterly, unless you sign up using a new email address and therefore create a new account. Additional memberships are subject to additional Holding Fees per extra membership, as well as all of the same terms and conditions.
          1. Holding Deposit: £20
          2. Additional Bag Swaps
        3. Membership upgrades and downgrade fees:
          1. You may upgrade your membership at any time by checking out with a membership upgrade, or by contacting us directly at membership@cocoonclub.co.uk
          2. You will be charged the difference between existing membership and the upgraded membership by calculating the daily rate against the number of days until the start of your next Membership Billing Cycle. Your full upgraded membership will then be charged at the start of your next Membership Billing Cycle.
          3. If you downgrade your membership part way through your Membership Billing Cycle and are due back a difference in membership fees, the difference will be applied to your account in membership credit. This will be calculated as the difference between the existing and downgraded membership as a daily rate.
        4. Late Fees for late bag returns: If you fail to return any bag by the agreed upon date, you will be liable to pay a Late Fee of £10 per business day until the bag is returned. In addition to your late fees, your membership fees at your existing tier will also remain due until the point at which you return the bag. Any notice of cancellation of membership from you will be void until such time as the bag is collected by our delivery partner. If you fail to return a bag after Four (4) weeks, you will be liable for the full RRP value of the bag in addition to outstanding membership fees and any late fees due, plus an interest of 8% of the combined value of the bag’s RRP and any unpaid membership fees.After 14 days of no payment being received the case will be passed to a registered Debt Collector.
        5. Damage and Repairs: We charge a £20 service charge for all items that need to be repaired following damage. This also includes returns that require extensive cleaning. You will also be liable for the cost of repair in accordance with clause 11.1.   
        6. Lost or damaged beyond repair bags will be charged at the cost of a new  replacement for the handbag that has been lost. Should a replacement bag not be available to be purchased, the original RRP will be charged. If a particular handbag has increased in price since its purchase date, then the member will be charged the price of replacing the item at current market value at the condition and quality of the bag at the time of the bag being sent out to the member. 
        7. Delivery and Collection Fees: if you miss a requested collection in relation to one specific order, you will be charged a £10 fee per collection attempt until the bag has been returned. If you miss two delivery attempts, your order will be returned to us and you will be charged a £10 fee.
        8. Membership fees are for access to our collection and temporary ownership of the bags, as well as servicing and delivery. Following a period of continued membership, COCOON members are offered a discount on the permanent purchase of bags, linked to duration of membership.
          1. Current members are eligible to take advantage of a member discount towards the permanent purchase of a bag.Any member who has cancelled their membership, and that membership has concluded and their final membership day has passed, forfeits their right to use their membership discount towards the permanent purchase of a bag.
          2. The discount from membership towards the permanent purchase of a bag is available to members who have given their 30-day notice of cancellation but their final day of membership has not yet passed.
          3. A member may use their holding fee towards the permanent purchase of a bag on the conclusion of their membership providing that all amounts due to COCOON have been fully paid up prior to or at the time of purchasing the bag.
          4. The discount available to members towards the permanent purchase of a bag is as follows:
            1. 0 - 6 months of membership (on any membership plan): 5% off the purchase price of the bag
            2. Over 6 months of membership (on any membership plan): 10% off the purchase price of the bag
          5. Quarterly members will receive 10% off the purchase price of a bag 
          6. Flexi members will receive 10% off the purchase price of a bag
          7. A member may use their holding fee towards the permanent purchase of their chosen bag on the conclusion of their membership providing that all amounts due to COCOON have been fully paid up
            1. Should a member wish to permanently purchase a bag from COCOON on conclusion of membership, the member will be provided with the price for that bag, which could take into account current market prices for said bag, as well as any discounts based on the age and condition of the bag. This could be an increased price on the original RRP, based on market conditions.
            2. COCOON reserves the right to not sell any bag to a member on conclusion of membership without providing a reason as to why the specific bag is not for sale. In that instance, the ability to use partial membership payment can be transferred to a different bag that the Member has used or an alternative bag as agreed by COCOON. If the member does not want to purchase an alternative bag, the portion of membership fees available to be utilised towards bag purchase will become void and cannot be refunded or transferred.
          8. Payment via Discount Code: If a Membership Billing Cycle is paid or part paid for with a discount code, you agree that COCOON will continue to automatically charge you for membership at the full priced membership fee, on the first day following the end of the offer and on a recurring monthly basis until another discount or promotional code is used.

        9.  THE BAGS
          1. All bags offered on our site are in new or pre-owned condition. Any signs of wear and tear on vintage items are described and photographed in the relevant product listing on the Site.
          2. All of our bags are 100% genuine and are certified by external authentication services.
          3. We source all our bags from vetted suppliers who vouch for their authenticity.
          4. The bags are as described in the site’s listings. However, the photographs are not contractually binding. The bags may differ slightly from these photographs. By using our services you agree that these photographs are only indicative of the exact quality of the bag.
          5. All of our bags are specially cleaned and maintained after each time they have been used by COCOON members. 
          6. All of our bags are forensically marked and checked for authenticity each time they enter and leave the business.
          7. We will, by the use of photography and video, record the condition of the bag each time it enters and leaves the business. This will be kept on our records and used as a comparison of condition and as kept as evidence.

        10. THE SERVICE
          1. You may only use the Service once you:
            1. are an Active Member; and
            2. we have received the Holding Fee; and
            3. you have paid your membership for the upcoming month.
          2. Each membership entitles you to temporarily own one bag at a time during your membership, unless you have paid for an Additional Membership or have purchased a Bag Pass. 
          3. We provide the bags to you on a sale and return basis. At the point of collection or delivery, title in the bag will pass to you and you will be the legal owner of that bag.
          4. Active Members will own a bag for a specified period of time which will be noted on the specific bag’s product page on the Site (the “Temporary Ownership Period”). Unless stated otherwise on the Site, the Temporary Ownership Period shall not exceed three months. By the end of the Temporary Ownership Period, each bag must be returned to COCOON and title in each such bag will automatically transfer back to us. Where for any reason transfer of title or any other proprietary rights in any bag temporarily owned by an Active Member pursuant to the Services does not pass back to COCOON following the expiry of the Temporary Ownership Period, the Active Member shall, and shall procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may be required to effect transfer of title or any other proprietary rights in any such bag to COCOON.
          5. Active Members can then re-order the same bag and commence a new Temporary Ownership Period should the bag be available or a new bag supplied.
          6. A selection of our bags are only available to own for a one-month period. The bags included in this limitation will be noted on the specific bag’s product page on the Site. 
          7. You agree that by ordering a bag, you will return the bag to us as agreed within the Temporary Ownership Period, otherwise we reserve the right to charge you late fees in accordance with these terms. Late fees will be charged at £10 per business day. Any bags not returned after 30 days will be considered theft, and therefore the member will be liable to pay the full value of the bag and 8% interest.
          8. This is a membership service – when a member orders a bag for delivery, COCOON will start preparing the bag immediately, and cancellation will not be possible once the order has been submitted.

        11.  DELIVERY AND COLLECTION
          1. We will only deliver our bags to the address authorised by you on the initial order.
          2. Each parcel will be sent via a secure courier on a tracked and signed-for delivery service.
          3. With each order that has been placed, you will be charged £4.95 for our next-day delivery service (Monday-Saturday).
          4. With each order that has been placed, you will receive one free return via our standard courier, Royal Mail.
          5. This is a UK-based service only, and we will not arrange a return or delivery to any address outside the UK (including Northern Ireland). Any member who is abroad and is required to return their bag, will be required to arrange a return at their own expense. If a member is returning a bag to COCOON, it must be sent via a registered delivery service and, in this instance as it is outside of COCOON’s delivery options and service agreements, any bag will be considered within a member’s possession until such time as it arrives and is signed for by COCOON. 
          6. If you select to change your delivery option and not sign for your delivery, you are responsible for your parcel as though it would have been delivered and signed for and as though it is in your possession. In addition, if you are not available to take delivery and miss two delivery attempts, you will be charged a £10 fee.
          7. New members: For orders placed and approved before 10:30am Monday-Friday, we’ll arrange next-day delivery
          8. Existing members: Once your order has been returned, and it has passed our condition checks, we’ll arrange next-day delivery for your new style if you are based in England or Wales, or two-day delivery to Scotland 
          9. For orders placed and approved from 10:30am on Friday, Saturday or Sunday, we endeavour to deliver on Tuesday before midday.
          10. It is your responsibility to confirm that the received parcel’s security seal has not been tampered with before you or your representative sign for the parcel.
          11. Any missed collection that you have requested will be charged at a rate of £10 per attempt.
          12. Our bags will only be delivered if they are signed for at the address agreed for delivery.
          13. The bag is considered to be in your possession until such time it has been returned. If you leave a bag unattended ahead of a return, it is still in your possession and you are responsible and liable for that bag, including if it goes missing beforehand. 
          14. You must obtain proof of postage for all returns, this acts as your proof of delivery. Please keep this safe until you receive confirmation of your return. Failure to provide us with proof of delivery may result in you being liable to cover the price of loss if your package is lost in transit.

        12.  RETURN AND SWAP OF BAGS
          1. The member must return the original bag to COCOON in secure packaging suitable for transit, including but not limited to;
            1. A sturdy box;
            2. A tape seal;
            3. Protective packaging as necessary
          2. With every return, it is your responsibility to ensure that you obtain proof of postage. For Royal Mail collections, your proof of postage will be your email confirmation.
          3. You agree to return the bag to us from a predetermined destination as agreed with COCOON, on an arranged date and time.
          4. If you fail to return a bag by a pre-agreed date we reserve the right to charge you late fees equal to £10 per business day until the bag is returned in accordance with clause 5.17.
          5. Any bags not returned after 4 weeks can be considered as not returned, and therefore the member is liable to pay the full value  of the bag. An 8% interest   will be charged on the RRP value  of any bag in a member's possession in addition to late fees.
          6. If you have requested a swap of a bag, we will not send the next bag to you without receiving the original bag back in a satisfactory condition. 
          7. You agree to not order a new bag for a swap more than 2 business days before being available for a swap. We reserve the right to cancel your order if you are not available to swap or delay your return beyond the 2 business days. 
          8. If a bag has not been returned or a renewed Temporary Ownership Period has not been agreed within 30 days after the original period has ended, COCOON will consider the product as not-returned and will, in addition to late fees, start proceedings of collection for the full value  of the bag(s) in their possession as well as any due membership fees, all of which which may incur additional legal costs that the member could be liable for. 

        13.  RISK AND INSURANCE
          1. The Temporary Ownership Period of the bag starts when the delivery of the bag has been signed for by you or your representative and ends when the bag has been collected and scanned by the courier on a return journey to us. During Covid, this has been adapted to a contact free delivery method, in which case this changes to photographic evidence of your parcel being delivered. 
          2. COCOON offers a signed-for service for delivery. If you opt to have the delivery of the bag done via a non-signed for service, (e.g. “left in a safe place or with a neighbour”), then the responsibility of the bag transfers over to you as it would in the case of a signed for delivery. 
          3. The member is responsible for contacting us if you have not received the ordered bag within 72 hours of dispatch. If we have not been notified within 72 hours of dispatch, we will consider the ordered bag as having been received and you will be liable for it.
          4. During the Temporary Ownership Period the risk and responsibility for the bag will immediately pass to you.
          5. If a bag is lost, stolen or damaged during the Temporary Ownership Period, you are responsible for the costs covering and associated with restoring or replacing the bag.
          6. You agree that during the Temporary Ownership Period, you will take care of the bag we send you, so it is returned to us in the same condition we sent it to you.
          7. COCOON does not offer insurance cover during the Temporary Ownership Period. We strongly advise that you take out valid home contents insurance. As part of this, you are required to notify your insurer of the bag you are taking Temporary Ownership of to ensure full coverage for any damages or losses that may be incurred. COCOON takes no responsibility for your insurance or the extent of your coverage.
          8. The Temporary Ownership Period ends when the delivery driver or courier collects the bag from you.

        14.  DAMAGE
          1. You agree to take all precautions to avoid theft, loss or damage of a bag during a Temporary Ownership Period including, but not limited to, avoiding exposing the bag to the following as these are not considered normal wear and tear:
            1. Makeup
            2. Moisture
            3. Liquids
            4. Inks (including but not limited to, pens, markers, etc) 
            5. Paints
            6. Sharp objects
            7. Dirt or grime
            8. Grease
            9. Oil
            10. Perfume
            11. Food
            12. Strong variations in temperature
            13. Excessive sunlight
            14. Humidity
            15. Impact/shock
          2. Damage to a bag which includes the following list will be charged to the member as laid out in Clause 11.1:
            1. Stained, marked or damaged interiors or exteriors; 
            2. Ripped leather or exteriors from scraping against a sharp object; 
            3. Ripped or scrapped interiors from cleaning, sharp objects or excessive force; 
            4. Excessive damage to corners or bottom of bag outside of normal wear and tear, due to scuffing on the floor etc; 
            5. Excessive force, stretching, squeezing or squashing the bag so that it loses its shape beyond what is considered normal and reasonable; 
            6. Unreasonable and excessive damage to straps, chains or zips that cannot be considered normal wear or manufacturing defaults.
          3. You will not be held responsible for any damage we class as normal wear and tear which includes:
            1. Natural signs of over-time discolouration;
            2. Natural signs of wear on metal and hardware; and
            3. Replacement of simple removable parts e.g zips and hooks, should these be considered manufacturing faults or arising from normal usage.
          4. If you return a bag with major damage or damage beyond normal wear and tear, you agree that you are liable for:
            1. Any repairs or cleaning the bag requires to return it back to its original condition or a new for old replacement (see clause 4.16 for details on how this will be charged); and,
            2. All administrative and delivery costs we incur from the bag being repaired or replaced,
          5. Failure to return a bag with all of the elements that it was sent out with is considered damage and will be treated as such. If a bag is returned with elements missing, the member could be charged for the cost of replacing the element if this is possible, or the cost of replacing the full bag. This includes, but is not limited to, failure to return the following items:
            1. Chains
            2. Straps
            3. Pouches
            4. Keys, charms, accessories
          6. If you return a bag with damage which is not considered to be normal wear and tear, we:
            1. Will notify you by email within two working days;
            2. Reserve the right to put your membership and any orders for subsequent bags on hold until the issue has been resolved; 
            3. Will request a quote for the repair which can take up to one week, although we will endeavour to get this to you sooner; 
            4. Will be in touch within two working days once we have received the quote back from our external supplier with a final quote;
            5. Reserve the right to charge the full amount of the final quote to your registered payment and/or your Holding Fee, or request that you pay this charge through an alternative method. 
            6. Failure to pay for damage on a bag when requested will result in your membership being cancelled and legal action could be taken to recover the associated costs. Legal action being taken could affect your credit rating.

        15.  LOSS, THEFT AND COUNTERFEIT
          1. Each bag will be documented, by video or photo evidence, each time it enters and leaves the business to track its condition and authenticity.
          2. In case of loss, theft or any damage during the Temporary Ownership Period, you are required to:
            1. contact COCOON immediately through membership@cocoonclub.co.uk;
            2. notify the relevant authorities of suspected theft or loss;
            3. take dated evidence of any damage, loss or theft in the case of any of these occurrences.
          3. We will conduct an investigation into any counterfeit, lost or stolen bags and may:
            1. inform the relevant authorities; 
            2. report the bag(s) as stolen; and
            3. take steps to recover the monies for the goods.
          4. You agree that if you return a counterfeit bag to us in the place of the original bag we sent to you, we will:
            1. consider the bag to be stolen;
            2. take steps to recover the monies for the goods from you; and
            3. notify the relevant authorities.

        16. LATE OR NON PAYMENT OF MEMBERSHIP FEES
          1. A member is liable to pay their membership fees until such time that their membership has been cancelled. This fee is due regardless of whether or not the member has a bag in their possession, unless:
            1. the member has requested to Pause their membership, and their bag has been collected as laid out in Clause 15 PAUSED MEMBERSHIPS. 
            2. COCOON delays a member’s order due to an operational issue and communicates this delay as being at the fault of COCOON 
            3. A member’s account is paused while damage or loss is being investigated
          2. If your payment is declined on the date your recurring charge is due, you will be notified by email and requested to update your payment details and/or make funds available.
          3. We will reattempt to take payment a maximum of four times over the four consecutive days following a charge failure. 
          4. If we are unable to take payment after five attempts, we will have the following rights:
            1. to deem the non-payment as notice to terminate the membership in accordance with our standard notice terms; 
            2. to arrange a collection for the return of the bag being used; and,
            3. to notify you of any outstanding membership, late fees and/or notice period fees due to us
            4. Membership fees shall remain due and payable until such time as your final bag is returned to us and any unpaid fees will be charged with interest at 8%, which will be charged after 7 days from the first day of missed payment. This interest payment on overdue fees will be charged in addition to membership fees until such time that membership fees due have been paid in full and/or the bag has been returned to us and your Active Membership is cancelled. 
            5. Should a member miss a membership payment and fail to update their payment details within the timeline outlined in clause 5 they will be charged late fees for any bags in their possession without an active membership. Late fees for unreturned bags will be charged at £10 per business day in accordance with clause 5.17. 
            6. Any bags not returned after 8 days can be considered as not returned, and therefore the member is liable to pay the RRP value of the bag. An 8% interest will be charged on the RRP value of any bag in a member's possession in addition to late fees and any missed collection attempts.
            7. To consider legal action should the fees remain unpaid and/or the bag not returned after 8 days from first day of failed payment  (this may affect your credit rating).
            8. If you are in possession of a bag without an up to date paid membership, we may treat it as theft and contact the police.
          5. We operate a ‘two strike’ policy whereby we reserve the right to cancel an Active Membership and decline future applications for the Service after two payment issues including but not limited to, non payment and late payment.

        17. CANCELLATION OF MEMBERSHIP
          1. A membership can only be cancelled once the minimum term has been served. The minimum term on a monthly membership is 60 days, and the minimum term on a quarterly and Flexi membership is 90 days.
            1. Any ‘free’ or 100% discounted membership period is counted towards the minimum membership term
          2. To cancel your membership, you are required to email membership@cocoonclub.co.uk at least 5 days before your next membership charge date.
          3. Your notice excludes any free or 100% discounted membership periods.
          4. A member may only request to cancel their Active Membership once any term of free membership or paused membership (as described at clause 13 below) has been completed. 
          5. Any term of free membership or paused membership will not be included as part of the notice period. 
          6. Subject to clauses 14.1 and 14.2, a member may cancel an Active Membership by giving not less than 5 days’ written notice of the cancellation request via email to membership@cocoonclub.co.uk. If necessary, such fees can be deducted from the member’s Holding fee.
          7. An Active Membership will only be terminated and the Holding fee refunded only when:
            1. all amounts owed to us, including but not limited to; membership fees, damage and repair fees and late fees have been paid. 
            2. all bags in the member's possession have been returned or proof of return postage is provided.
          8. If the member does not return all bags in their possession, the membership will not be considered cancelled until proof of return postage is provided.
          9. All members are liable for any damage or cleaning fees upon the final bag being returned to us. COCOON will keep all member's payment details on file until the bag has been inspected by Quality Control. 

        18. PAUSED MEMBERSHIPS
          1. A member is entitled to the opportunity to pause their membership for up to 3 months, during which they will not be charged membership fees. A member must not be in possession of a bag during a paused period of membership. 
          2. A pause period is for up to 3 months, and members can pause multiple times during their membership. If a member wishes to unpause their membership, they can do so for a minimum of one month before pausing their membership again.
          3. The pause period begins when the member's bag is returned.
          4. If a request to pause membership is received less than 2 business days before the start of the members next Membership Billing Cycle, the pause will only become effective with effect from the beginning of the following Membership Billing Cycle
          5. If a charge date occurs between requesting to pause and collecting a bag, any unused membership fees will be put towards the unpaused Active Membership period. Any unused membership fees can also be exchanged for membership credit to use towards other membership products. Unused membership fees will not be refunded during pause periods. 
          6. If a member requests to cancel their membership during a paused Membership period, they are still liable to pay the full membership fees for the applicable notice period as set out at clause 14 above, at the type and cost of membership that they were on prior to their membership being paused.  
          7. If a member would like to unpause their membership before the end of their 3 month pause period, they can login to their account and place an order, their membership will automatically be reinstated.
          8. If a member has not been in contact with COCOON at the end of said 3 months and an alternative course has not been agreed in writing with COCOON, the membership will be automatically unpaused and the member will be charged a £1 transaction fee. Any unused membership days from the member’s previous active membership period will come into effect and the member’s next membership payment will be charged. If a member does not select a bag during this time, their membership charge will not be refunded.
          9. When a member’s pause period comes to an end, COCOON will process a £1 transaction to ensure that there is an active card on file. This £1 fee will be credited to the member’s next membership charge.If COCOON is unable to take payment on the member’s chosen payment method, that will constitute as a failed payment and steps will be taken as laid out in Clause 13, LATE OR NON PAYMENT OF FEES.

        19. RISK AND OWNERSHIP
          1. Risk in the bag is transferred at the start of the Temporary Ownership Period and shall continue until the bag is returned to COCOON. You understand and acknowledge that that the right, title and interest in the bag will remain with you only during the pre-agreed Temporary Ownership Period and will automatically revert to us upon the expiration of this period . 
          2. The agreement between you and COCOON for the Service entitles you to use a bag for your personal use only. You agree that you will not do the following with a bag in your possession:
            1. resell;
            2. loan out;
            3. allow another person to use;
            4. use the bag for any commercial or professional use unless pre-agreed with COCOON
          3. If a member is interested in permanently purchasing the bag that they currently have in their possession or any other bag on our website, they should get in touch with membership@cocoonclub.co.uk and request a quote, which we will endeavour to get back to you within 2 business days. For more information on pricing and membership discounts, see clause 5.23.4. Any such purchase will be subject to express agreement by COCOON, and sales will be on an “as is” and “as seen” basis. No right of cancellation will apply as the bag will have already been in your possession prior to the purchase.

          4. COCOON reserves the right to not sell any bag in their collection at their discretion, and is not required to offer a reason as to why the bag is not for permanent  sale. 
          5. in selling pre-owned luxury and designer bags to COCOON, they should get in touch with membership@cocoonclub.co.uk or submit a request through COCOON Refresh
        20. LIMITATION OF LIABILITY
          1. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors or fraud or fraudulent misrepresentation.
          2. We only supply the Products for private use. If you use the Products for any business purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
          3. Nothing in these Terms limits a consumer’s statutory rights.
          4. If you are dissatisfied with the Service, the Site, or these Terms, your only remedy under these Terms shall be to terminate the Service and return our goods and to discontinue your use of the Site. Without limiting the preceding sentence, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.

        21. PRIVACY AND DATA PROTECTION
          1. Our policy is to respect and protect the privacy of anyone who visits the Site. Please see our Privacy Notice for further details of how we treat your personal data and your rights in relation to such treatment.

        22. DISCOUNTED MEMBERSHIPS
          1. From time to time, we may offer the Service for a specified period without payment or at a reduced rate (the “Discounted Service”). COCOON may determine your eligibility for a Discounted Service, and withdraw or modify a Discounted Service at any time without prior notice and with no liability, to the extent permitted under applicable law.
          2. For some Discounted Services, we will require you to provide your payment details. By providing such details you agree that we may automatically begin charging you for the Service on the first day following the end of the Discounted Service on a recurring monthly basis or another interval that we disclose to you in advance. If you do not want this charge, the standard cancellation policy and notice period applies, unless pre-agreed with COCOON.
          3. Details of active and past offers including for Discounted Services can be found in an addendum to these terms.

        23. COCOON REFRESH
          1. By submitting a request for a quote via COCOON REFRESH, you agree to create an account on the Site.
          2. By submitting a request for a quote via COCOON REFRESH, you guarantee:
            1. The accuracy and completeness of all information contained in your submission;
            2. That you have the legal right to submit the bag for sale;
            3. That the bag is authentic and not counterfeit;
            4. The bag is in a clean and hygienic condition, free from soiling and infestations.
          3. All bags submitted for sale are subject to both digital and physical approval by COCOON. 
          4. COCOON is under no obligation to purchase any bag submitted for sale.
          5. You have the option to accept or reject any offer made by COCOON. If you do not respond to an offer within fourteen business days, your offer will lapse.
          6. If your offer has lapsed, any future conversations or negotiations around price will be based on a new valuation of the bag at the time which may differ from the original offer. 
          7. If both parties agree to the sale and purchase of a bag, COCOON will organise a collection of the bag at COCOON’s expense. COCOON will attempt to collect the bag a maximum of two times, beyond which you agree that any additional collection charges will be taken out of the agreed sale price.
          8. It is your responsibility to package the bag for sale securely for transit including, but not limited to, protective outer packaging and secure seals to avoid damage or risk of tampering en route.
          9. COCOON will manually inspect each bag to assess condition, authenticity and any undeclared damage. If the bag does not conform with the submission details including but not limited to; condition, colour and size, COCOON reserves the right to either:
            1. Reject the bag and return it to you;
            2. Update the valuation of the bag to reflect the change of condition.
          10. The authenticity of a bag is determined by COCOON. COCOON will validate the authenticity of a bag through methods at their discretion including but not limited to, in-house expert knowledge, technology based authentication solutions (Entrupy) and additional third party experts brands do not guarantee the authenticity of our purchased or rented goods.
          11. If COCOON determines that a bag is not an authentic product, it will immediately:
            1. Discontinue with the sale and purchase;
            2. Comply with any relevant legal requirements surrounding counterfeit products; and
            3. Assist the relevant authorities with any investigation into counterfeit products.
          12. Once a bag has been inspected and deemed to conform with the original submission details, COCOON will send an email confirmation and arrange for the transfer of cash and/or COCOON credit as agreed.
          13. Any transfer of cash pursuant to the purchase of a bag will be made on the last working day of the month that the bag was received physically and approved by COCOON.
          14. Any transfer of cash will be made by bank transfer or PayPal in the name of the selling party only.
          15. Any credit due pursuant to the purchase of a bag will be granted within 2 working days of the confirmation of purchase.
          16. Any membership redeemed pursuant to the sale of a bag via COCOON Refresh is subject to our standard terms and conditions regarding membership along with our usual application approval and eligibility checking process.
          17. Maximum cash payout is 50% of the bag valuation, with a minimum of 1 month membership to be redeemed. 
          18. Where possible, COCOON will always round up to the nearest half month when exchanging into membership value.
          19. COCOON credit can be redeemed for any items in the COCOON store, including but not limited to memberships, refundable holding deposit fee, gift memberships and additional membership products (i.e. additional swaps).

        24. COCOON GIFT PRODUCTS
          1. COCOON 1-month, 3-month and recurring Gift Memberships are available for new members to apply towards COCOON membership.
          2. COCOON gift vouchers are available for new and existing members to apply towards any monthly or quarterly membership plan. Gift vouchers cannot be redeemed on any other products in the COCOON store including shipping fees, outright bag purchases and one-time add-on products.
          3. COCOON reserves the right to change the pricing of gift products at any time. Purchases of Gift products prior to the pricing change will be honoured at the price advertised on https://www.cocoon.club at the time of purchase.
          4. After purchasing a COCOON gift product, the gift giver will be sent an email containing a digital confirmation of the gift order and instructions to forward on to the recipient to activate the gift.
          5. Membership start date for new members:
            1. The recipient member will need to enter the unique code included in the gift order confirmation to activate their gift membership or voucher at checkout.
            2. The membership start date is the date that the unique code is redeemed. This can be delayed for up to 14 days from the date of redemption.
            3. For recurring Gift Subscriptions the membership start date is activated when the gift giver checks out with the membership for the first time. This can be delayed for up to 14 days.
          6. Refundable Holding fee for COCOON one-month and three-month Gift Memberships and COCOON Vouchers:
            1. At the point of voucher redemption, the recipient will be prompted to pay a refundable holding fee and pass an active card check, per the standard registration process. 
            2. A refundable holding fee, ID verification and active card check is required to become a COCOON member for the first time. 
            3. This fee and the provided card details will be held against the account of the recipient for the duration of their membership in case of damages as per the DAMAGES AND LIABILITY terms.
          7. Refundable holding fee for COCOON Recurring Gift Memberships:
            1. At the point of voucher redemption, the gift giver will be prompted to pay a refundable holding fee, complete the ID verification process and pass an active card check. 
            2. A refundable holding fee and active card check is required to become a COCOON member. 
            3. This fee and the provided card details will be held against the account of the recipient for the duration of their membership in case of damages as per the DAMAGES AND LIABILITY terms.
          8. Cancellation: If the recipient of a gift membership or voucher chooses to cancel their COCOON membership at the end of their gifted membership term or when their gift voucher credit is used up, they do not need to abide by the standard 30-day cancellation notice period, however, cancellation must be communicated at least 3 days before the end of the gifted membership term or before the gift voucher credit is exhausted.
          9. Automatic Renewal: COCOON requires that gift recipients provide payment details to start the membership. By providing such details you agree that we will automatically begin charging you for your membership on the first day following the end of the gifted membership term or from which point your gifted voucher credit is used up, and on a recurring basis that we disclose to you in advance. 
            1. Account registration process: Recipients are subject to our standard registration process as per our ACCOUNT terms. A bag will only be dispatched after the recipient has completed their account registration, activated their unique voucher code for their gift membership or COCOON voucher and we have received full payment of a refundable holding fee and passed our ID verification process as well as an active card check. The recipient will be subject to our standard registration process, where we will carry out a soft credit check for identification purposes only. This will not affect your credit score in any way. We reserve the right to decline any application at our discretion and will issue a full refund to the Gift Giver of the membership equal to the value of the gifted membership and a full refund to the party (Gift Giver or Recipient) who incurred the refundable holding fee.
            2. Voucher Expiry: Your recipient will receive a unique code to redeem to activate their COCOON 1 or 3 month subscription or COCOON voucher. This unique code must be redeemed within 6 months of issue. 
            3. Promotional Eligibility: COCOON vouchers and COCOON 1 and 3 month gift memberships can not be combined with any other offer at checkout by recipient members. 
            4. Product Availability: These products are available from 11 November 2020 via https://www.cocoon.club. Offer subject to end without notice.
            5. Existing Gift members: members on existing gift or annual membership products will continue on the terms of their current membership.

          10. BAGS FOR PERMANENT PURCHASE AND CLEARANCE SALES:
            1. COCOON may from time to time offer some of its bags for permanent purchase, including to non-members. Both members and non-members purchasing bags are subject to these Terms.
            2. Members can permanently purchase a bag using a membership discount (clause 5.23.4).
            3. Bag condition: Any bags for permanent purchase are sold on an “as is” and “as seen” basis. All bags are pre-loved and in used condition at the point of permanent purchase, unless otherwise noted. The condition and grade of the bag are noted on the product page, and grading policy outlined in our Frequently Asked Questions. Bags for permanent purchase are priced according to grade and resale market value. If you have specific questions on the condition or quality of the bag available for permanent purchase, please contact us on memberships@cocoonclub.co.uk 
            4. A £4.95 shipping charge for all purchases under £500 in addition to the price of the bag for permanent purchase will be charged at check-out for UK addresses (excluding Northern Ireland). 
            5. If you purchase a bag on COCOON and you are based in mainland UK, you benefit from free shipping for orders over £500, returns will be charged at £10 which will be deducted from your refund.
            6. If you wish to return the item(s) that you have permanently purchased, please notify our membership team via email at membership@cocoonclub.co.uk within 14 days of receipt of the item along with your return reason. 
            7. The Buyer must return the item(s) in good condition, unused and with their original packaging (including dust bags or any additional accessories provided). Returns will only be accepted if the tag and the security seal remain intact.  COCOON reserves the right to refuse a refund or to reduce a refund on any item that is returned used, incomplete, damaged or dirtied.
            8. COCOON will book your return on the date requested; your item must be returned within 28 days of original shipment to be eligible for a refund. 
            9. Return shipping fees of £10 will be deducted from your refund. If you use your own shipping method to return an item, you are liable for any loss or damage during the return shipment and no return accepted or refund made unless the item is returned in the condition it was shipped out (Clause 22.3). No refund will be issued for the cost of the original shipping. Any missed collections can be charged at an additional rate.
            10. Your refund will be processed within 14 calendar days of receiving your return.

            1. COCOON REFER A FRIEND PROGRAM:
              1. New members who join COCOON using a referral code receive £50 in COCOON credit for their first full-time membership order.
              2. Standard registration process applies to all new members.
              3. The referrer earns £50 in COCOON credit once their friend redeems the referral code and completes the 60-day minimum term.
              4. No limit on how many friends can be referred using a single referral code.
              5. Offer starts on 18th September 2024 and can end without notice.
              6. Cannot be combined with other promotions on www.cocoon.club.
              7. COCOON credit cannot be used for the £20 refundable holding fee, which is required for membership. 
              8. Credits are only valid for full-time memberships and cannot be used on Flexi membership, add-ons, ReSale products, or exchanged for cash.
              9. COCOON reserves the right to decline credit or cancel memberships if fraudulent activity is detected in the Refer a Friend Program.
              10. Referral credits can be revoked for previous members who cancel their membership within 60 days.

              1. COCOON DISCOUNT CODE PROMOTIONAL OFFERS:
                1. New members purchasing COCOON membership with an eligible promotional code will benefit from discounted membership to the value of the advertised promotional offer. 
                2. Unless stated otherwise the discount code is only available to new members, and cannot be used by existing members. Members who have previously held a membership may use the discount if there has been more than 30 days since their previous membership ended.
                3. The £20 refundable holding fee will still be charged upfront as part of the standard account registration process. 
                4. In registering with a discount code, you agree that COCOON may automatically begin charging you for membership at the full priced membership fee, on the first day following the end of the offer and on a recurring monthly basis.
                5. If the member chooses to cancel their COCOON membership during or after the offer period, the standard cancellation policy and fully paid notice period applies (see CANCELLATION OF MEMBERSHIP terms). 
                6. COCOON Reserves the right to end promotional offers without notice.

            ADDENDUM TO TERMS:

            ADDENDUM TO TERMS: 50% OFF FIRST TWO MONTHS MONTHLY MEMBERSHIP:

                1. New members purchasing a COCOON Premium or Deluxe Monthly Membership will benefit from a 50% discount off their first 2 months of membership.
                2. This promotion is only available to new members, and cannot be used by existing members.
                3. The standard Premium or Deluxe monthly membership fee applies from the third charge date (following the end of the two-month discounted membership term) and on a recurring monthly basis.
                4. Any member who takes advantage of this promotion is bound to the standard cancellation policy and membership can only be cancelled once the minimum term of 60 for a monthly membership has been served. 
                5. This offer is available from 8 February 2022 via www.cocoon.club. Offer subject to end without notice.
                6. This offer has ended on 4 July 2024, any attempts to apply the discount will no longer work.

                  

                ADDENDUM TO TERMS: UPDATED FLEXI HOLDING FEE
                From 21 October 2024 the £1 refundable holding fee required to become a Flexi COCOON member will be updated to £20. New members who register with a Flexi membership from 21 October 2024 will pay a £20 holding fee which applies for the duration of the membership.

                 

                ADDENDUM TO TERMS: EXTENDED PAUSE PERIOD

                    1. Eligible members purchasing a full time Membership will be able to request to pause their membership indefinitely.
                    2. If the member chooses to cancel their COCOON membership whilst in their pause period, the standard cancellation policy and fully paid notice period applied (see CANCELLATION OF MEMBERSHIP terms).
                    3. This offer is available from 2 September 2022 via www.cocoon.club. Offer subject to end without notice.

                     

                    ADDENDUM TO TERMS: COCOON FIRST MONTH FREE MEMBERSHIP:

                        1. Eligible members purchasing a COCOON Premium Monthly Membership will benefit from 1 month of complimentary membership to the value of £79. 
                        2. Eligible members purchasing a COCOON Deluxe Monthly Membership will benefit from 1 month of complimentary membership to the value of £99. 
                        3. The 1 month free membership will be automatically applied to the checkout for eligible members commencing the COCOON Deluxe or Premium Monthly Membership.
                        4. A 100% discounted or free membership is considered an unpaid membership period, and you are still bound by the 30 day paid notice period cancellation. If the member chooses to cancel their COCOON membership during or after the 1 month complimentary membership, the standard cancellation policy and fully paid notice period applies (see CANCELLATION OF MEMBERSHIP terms).
                        5. The standard Premium or Deluxe monthly membership fee applies from the second charge date (following the end of the discounted membership term) and on a recurring monthly basis.
                        6. The standard registration process applies, including the £20 refundable holding fee, required to become a COCOON member. 
                        7. This offer is available from 19 March 2022 via www.cocoon.club. Offer subject to end without notice. 

                       

                      ADDENDUM TO TERMS: WIN A WEEK WITH KELLY BAG ACCESS

                          1. 10 new members who signed up between October 8, 2024 and October 31, 2024 with full time membership have won a free week of access to the Hermès Kelly bag.
                          2. The first week is free of charge. A collection will be scheduled for the following week; if you miss this collection, a £10 fee will apply, and you may incur a £55 charge for a second week.
                          3. The one-week access must be booked between November 1 2024 and January 31 2025. However, no access will be granted over the holidays between December 20 2024 - January 1 2025.
                          4. Terms & conditions regarding damage and loss apply as outlined below.
                      Damage:
                          • You must take precautions to prevent theft, loss, or damage during the Temporary Ownership Period.
                          • Normal wear and tear (e.g., natural discolouration, minor wear on hardware or leather, small breakages) is not your responsibility.
                          • Not normal wear and tear includes:
                            • Makeup, liquid, ink, grease/oil stains
                            • Sharp object damage
                            • Food or perfume spills
                            • Missing items (e.g., keys, dustbags, accessories, pouches and twill scarves)
                          • If a bag is returned with damage beyond normal wear and tear, you are liable for repair or cleaning costs to restore it.
                          • If damage occurs, the company will:
                            • Notify you within 2 working days
                            • Hold your membership and future orders until resolved
                            • Provide a repair quote (up to 1 week to receive this)
                            • Charge you for repair costs
                          • If you don't pay for damage, your membership may be cancelled, and legal action may be taken.

                      Loss, Theft, and Counterfeit:

                          • Each bag is documented (photo/video) for condition and authenticity.
                          • In case of loss or theft:
                            • Immediately contact COCOON at the provided email.
                            • Report to the authorities and provide evidence of loss or damage.
                          • For counterfeit bags, if you return a counterfeit instead of the original, it will be considered stolen, and:
                            • Steps will be taken to recover the cost from you.
                            • Relevant authorities will be notified

                         

                        ADDENDUM TO TERMS: PAY FIVE POUND BIRTHDAY MONTH

                            1. Eligible members purchasing a COCOON Monthly Membership will benefit from saving 100% on their first month of membership upon signup.
                            2. The 100% discount will be applied to the checkout with the code HAPPYBIRTHDAY for eligible members commencing the COCOON Deluxe, Premium or Starter Monthly Membership.
                            3. The standard Starter, Premium or Deluxe monthly membership fee applies from the second charge date (following the end of the discounted membership term) and on a recurring monthly basis.
                            4. The standard registration process applies, however the refundable holding fee will be reduced to £5 instead of £20.
                            5. This offer is available from 29 October 2024 and will run until 12pm 4 November 2024 via www.cocoon.club. Offer subject to end without notice.

                         

                        ADDENDUM TO TERMS: META COMMUNITY COMPETITION

                            1. From 15 November 2024 until 22 November 2024, all new signups added to the COCOON newsletter via the Meta campaign will go in the draw to win six months of free Premium monthly membership.
                            2. There will be 5 winners announced via email.
                            3. The standard registration process applies for competition winners, including the £20 refundable holding required to become a COCOON member.
                            4. The standard Premium monthly membership fee will commence after the 6 free months.
                            5. If a winner would like to cancel their membership at any time, they are required to follow the standard cancellation policy
                            6. This offer is available from 15 November 2024 and will run until 9am 22 November 2024 via www.cocoon.club. Offer subject to end without notice.

                         

                        ADDENDUM TO TERMS: COCOON REQUEST

                            1. Eligible users are able to pre-order a selection of bags via cocoon.club. These bags can only be pre-ordered with a full time membership. The standard signup process including payment of the Holding Fee and completion of the registration process is required.
                            2. COCOON will aim to ship the pre-ordered bag within 4 weeks of the original order. However should this timeframe not be kept, you will not be charged for your next month of membership and a member of the team will be in touch regarding next steps.
                            3. COCOON will update your membership charge date in line with when the pre-ordered bag is shipped, so you will not be charged for time without a bag.
                            4. COCOON has the right to cancel any ReQuest order

                                Access authentic luxury handbags with COCOON membership. Shop pre-loved designer bags with a trusted certificate of authenticity. We're your go-to handbag hotline.