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Terms & Conditions

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. 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.

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. You can amend this during the rental period by following the steps on the Platform.

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.

Pay as you Go

Pay as you Go is a contract type which can only be entered into by completing a Rental Plan. During a Pay as you Go contract, payments will be taken on the same schedule as the existing Rental Plan with the same Monthly Fee, on the same Billing Date.

Purchase Transaction

You can choose to purchase any item you have on rent by participating in a Purchase Transaction through the Flex Platform. This amount will be the stated value minus the amount already paid through the Rental Plan. If this value has already been reached through rental payments, a payment of £1 will be taken to signify the exchange of ownership.

Rental Plan

Refers to the agreement to rent an item from Flex which you enter into by transacting to rent through the Flex app or website. This may be a fixed term or a Pay as you Go contract.

The Platform

Means the Flex phone application or website.

The Terms of Use:

These terms and conditions ("Terms and Conditions") apply to every transaction you make on the Flex Platform. If you have any questions or do not want to accept the terms and conditions, please contact our customer service team via live chat on the Flex website.

Contract

By creating a Flex account you are agreeing to these terms of service and also those of our affiliate Fat Llama Limited (Company number 09927338) which can be found here. You agree that an account will be made for you with Fat Llama using the same details, in order to allow you to use the Flex service. Fat Llama handles aspects of your transaction such as the payments, verification and item guarantee.

The Rental Agreement

You agree to uphold your obligations of any Rental Plan or Item Purchase which you commit to on the website. In the case of If you enter into a rental plan you are obliged to pay your Monthly Fees for your Minimum Rental Period. Fat Llama 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.

Ownership

Commencement of a Rental Plan does not constitute a change of ownership of the goods fromFlex to the customer. Ownership of the item only changes to the customer in the event that they complete the Purchase Transaction through the Platform and pay the amount due. This amount will be the stated value minus the amount already paid through the Rental Plan. If this value has already been reached through rental payments, a payment of £1 will be taken to signify the exchange of ownership.

Delivery

Delivery of the item marks the beginning of your Minimum Rental Period. The item will be delivered upon successful completion of your Account Verification and 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.

The end of the Contract

When the Minimum Rental Period has ended, you agree to move onto a Pay as you Go 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 Fat Llama / Flex within 7 days of the end of the Rental Period.
  • If you are renting furniture, then you pay the £25 cleaning fee per item.

Once both of these have happened, your Rental Plan has ended and no further Monthly Fees will be taken. If one or both of these do not happen, you will be moved to a Pay as you Go contract and the missed Monthly Fee will be processed immediately. 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 Pay as you Go period, you can choose to enter into a new Minimum Rental Period instead of remaining in Pay as you Go contract by following the steps on the Platform.

Cancelling Pay as you Go

You may cancel a Pay as you Go contract any time by notifying Fat Llama / Flex; no later than 5pm (BST) on the working day prior to your next Billing Date; that you wish to cancel. Your Monthly Fees will then be paused for 7 days during which time the item must be returned. 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 within this 7 day period, Monthly Fees will resume.

Early Termination

If you decide you do not wish to proceed with the Rental Plan, you may cancel it within 7 days of the item being delivered to you and receive full refund provided that:

  • Flex / Fat Llama 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.
  • If you are renting furniture, then you pay the £25 cleaning fee per item.

After this 7 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 within 7 days. 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.

Damage

Once the item has been returned it will be assessed for any damage caused. A reasonable level of wear and tear is permitted but you will be charged for any more significant damage. If the item is damaged beyond repair, you will be charged the replacement value. The condition of the item will be assessed by our team, 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.

Late Fees

If the item is returned after the 7 day window after giving notice to cancel, you will be charged late fees at the following rate:

  • The Monthly Fee you were paying on a pro rata basis for each day it is late plus 15% interest.

If you owe any money to Flex for any reason the outstanding amount will accrue 15% interest for each month that the payment is overdue.

Non-Payment

If you miss subscription payments and are uncommunicative with Flex, you agree that Fat Llama 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, unless the item requires repair, replacement or if you do not continue to pay the remaining amount on your subscription.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL FLEX BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROPERTY WHETHER OR NOT THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE PAID SERVICES TERMS & CONDITIONS, THE PROPERTY, OR THE SERVICES, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. FLEX’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE PAID SERVICES TERMS & CONDITIONS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO FLEX UNDER THESE PAID SERVICES TERMS & CONDITIONS OR YOUR LEASE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT FLEX’S SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE PAID SERVICES TERMS & CONDITIONS OR YOUR LEASE. THE FOREGOING LIMITATIONS ON LIABILITY SHALL NOT APPLY TO THE LIABILITY OF FEATHER FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY ITS FRAUD OR FRAUDULENT MISREPRESENTATION.

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