Terms and Conditions

In these Terms and Conditions, “you” and “your” refer to all users of the website www.facebook.com/dresses4hire and www.dressesforhire.com.au  (“the website”) and “we”, “us” and “our” refer to Dresses for Hire.

  1. DEFINITIONS

1.1 “Dresses For Hire (“we”, “our”, “us” or “DFH”) means Dresses For Hire ABN 51 883 380 638 its successors and assigns any person acting on behalf of and with the authority of Dresses For Hire ABN 51 883 380 638

1.2 “Services” means Dresses For Hire website and Dresses For Hire store locations as a Fashion Rental Provider.

1.3 “User” (“client”, “customer”, “you” or “your”)  means the User or any person acting on behalf of and with the authority of the User.

1.4 “Apparel” means all Apparel (including any fashion accessories e.g. dresses) supplied on hire by Dresses For Hire to the User (and where the context so permits shall include any incidental supply of services). The Apparel shall be as described on any invoices or other documentation provided by Dresses For Hire to the User.

1.5 “Rental Period” means the 4- 6 Day Hire period that the User booked the Apparel for – starting from the day the Apparel is dispatched to the User’s delivery address, to the day the Apparel is supposed to be dropped in mail by the User, as shown on Dresses For Hire website.

1.6 “Rental Price” (“price”)  means the cost of the hire of the Apparel as agreed between Dresses For Hire and the User subject to clause 4 of this contract.

1.7 “Rental Return Due Date” means the date the Apparel is expected to be returned back to Dresses For Hire. The Rental Return Due Date is calculated to be 1-2 days from the end Hire Period Date (2-3 for WA).

  1. ACCEPTANCE

2.1 Any instructions received by Dresses For Hire from the User for the hire of Apparel and/or the User’s acceptance of Apparel supplied on hire by Dresses For Hire shall constitute acceptance of the terms and conditions contained herein.

2.2 Upon acceptance of these terms and conditions by the User the terms and conditions are irrevocable and can only be amended with the written consent by Dresses For Hire.

2.3 The User shall give Dresses For Hire not less than fourteen (14) days prior written notice of any proposed change in the User’s details (including but not limited to, changes in the User’s address, facsimile number, or business practice). The User shall be liable for any loss incurred by Dresses For Hire as a result of the User’s failure to comply with this clause.

2.4 Apparel is supplied by Dresses For Hire based only on the terms and conditions of hire herein to the exclusion of anything to the contrary in the terms of the User’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of hire.

  1. PRICE AND PAYMENT

3.1 Dresses For Hire reserves the right to change the Price in the event of a variation to the User’s requirements.

3.2 At Dresses Fort Hire’s sole discretion a bond may be required which shall be refunded upon return of the Apparel in a condition acceptable to Dresses For Hire.

3.3 Payment may only be made by credit card (only Mastercard and Visa accepted) or by any other method as agreed to between Dresses For Hire and the User.

3.4 In the event an invoice is issued for payment for any reason then payment shall be due within seven (7) days of the date of the invoice.

3.5 GST and other taxes and duties are listed on our website as inclusive unless stated otherwise.    

3.6 Dresses For Hire delivery Service is complimentary to all users Australia Wide. The return on completion by the User is a mandatory return fixed fee charge.

3.7 Prices listed on the Dresses For Hire website, www.dressesforhire.com.au, are in Australian Dollars.

  1. RENTAL PERIOD AND LATE FEES

4.1 Rental period shall commence from when the User receives shipping confirmation of the Apparel release until the Apparel is dropped in the mail. Hire period is generally 4-5 days unless User and Dresses For Hire have agreed to prior to the commencing date

4.2 All hired items must be returned by no later than the consecutive Tuesday 12pm following the hire period and must not exceed 5 days.

4.3 Where Apparel has not been returned to Dresses For Hire by the Rental Return Due Date then Dresses For Hire shall be entitled to charge additional interest hire fees of twenty-five percent of the Hire total daily until the Apparel is returned to Dresses For Hire and the User expressly authorises Dresses For Hire to deduct such additional hire fees from the User’s credit card which was provided at the time of placement of the User’s order.

4.4 When counting overdue days Dresses For Hire can include all days in the Calendar year, Public Holidays, Weekends, shipping times and delays until the hire is returned.

4.5 Should the User return the Hire Apparel after the return date, it is agreed that a late fee calculated at the rate of 25% of the hiring fee for every day if the User is late (up to a maximum of 200% of the retail value can be charged. Dresses For Hire will use the payment method you have provided to charge any late fees. The User agrees to pay these late fees up to an amount not exceeding 200% of the retail value of the product.  The late fee is payable for each item that is hired, including any back up styles or sizes. The late fee also applies to orders where you have used a credit voucher as payment.                                                                                                                     

4.6 Should the Apparel not be returned within 21 days of the scheduled return date, the User will consider the Hire a non-return and Dresses For Hire will charge the debit/credit card used as security for the rental the maximum late fee as set above (less any late fees already charged). The matter will be reported to the police and a third party for resolution.   

  1. BACK UP STYLE

5.1 For an additional $10 Dresses For Hire offer a “back up style” when the User would like additional choices for their order                                                               

5.2 Back up style are only offered for Online hires in which the dresses have not been tried on.          

5.3 Dress must be of equal or less value to the hired dress.                                            

5.4 International brands are not offered as Back Up Style.                                                                 

5.5An order is considered satisfied if any of the dresses (the original or any back ups) is worn. No returns will be accepted in any of these circumstances.      

5.6 In the event that we determine, in our sole discretion, that you have worn more than one of the products, we will charge the hiring fee of each product worn to your debit/credit card.

  1. RISK/INSURANCE

6.1 You authorise us to charge your debit/credit card with any amount for damages made to the garment while in your possession, in a condition not in accordance with normal wear and tear.  Normal wear and tear will be determined at our sole discretion, however we will generally consider fair wear and tear to include any minor stains that can be easily removed, minor seam tears and small missing parts (e.g. sequins).                                                                                                                                 

6.2 If the Apparel gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the User then the User will be liable to pay for replacement of the item. In assessing the replaceable value, Dresses For Hire will take into account, the demand of the Apparel in the market, the availability to purchase that dress in the market, the condition of the dress, and the rental fee that the User has already made.                                                              

6.3 To prevent the potential use of fraudulent credit cards (or other payment types), Dresses For Hire withholds the right to request proof of identity for all orders, as outlined on our Hire Request Form. Where fraudulent activity is suspected, Dresses For Hire reserves the right to cancel the Users hire request at any given time and the User will be notified via email.                                                       

6.4 Dresses For Hire advises Users to be extremely cautious if using Fake Tannings products, perfume and jewellery. In the event that bronzing fluid, oil or powder damages the fabric and the Apparel is no longer hireable, Dresses For Hire reserves the right to charge the User a replacement value and any financial loss to Dresses For Hire.                                                                                                         

6.5 Dresses For Hire reserves the right to refuse service to anyone.

7. TITLE TO HIRED APPAREL

7.1 The Apparel is and will at all times remain the absolute property of Dresses For Hire.

7.2 If the User fails to return the Apparel to Dresses For Hire then Dresses For Hire or Dresses For Hire’s agent may (as the invitee of the User) enter upon and into land and premises owned, occupied or used by the User, or any premises where the Apparel is situated and take possession of the Apparel.

8. DEFECTS

8.1 The User shall inspect the Apparel on delivery and shall within four (4) hours of receipt of the Apparel notify Dresses For Hire (by phone or email) of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.                                                                              

8.2 Apparel must be accepted as a pre-worn item unless stated otherwise.

  1. CANCELLATIONS

9.1 The User may cancel the order up to five (5) days prior to commencing the hiring period (TUESDAY of that week) (subject to cancellation fees in the following circumstances). No refund or credit voucher applies for cancellations made within this period. Money will be forfeited.                  

9.2 Cancellations that are made sixty (60) days or more prior to commencement of the proposed hiring period will receive a refund, minus a 30% admin processing fee.                                             

9.3 Cancellations that are made less than sixty (60) days prior to commencement of the proposed hiring period will receive a credit voucher for the full hiring fee which can be used on the website or in store, within one (1) year, 12 Months of issue, starting from the booking date. Vouchers under no condition will be extended or reissued, a voucher is a one-time use.                                                   

9.4 Government Restrictions that cancel the Users Hire request will adhere to our cancellation policy above.

9.5 Dresses For Hire does not accept cancellation by the User after the hire has been dispatched.

10. USER’S RESPONSIBILITIES

10.1 The User shall:
(a) immediately notify Dresses For Hire of any damage to the Apparel that occurs during the hire period;
(b) on termination of the hire, deliver the Apparel complete with all accessories, in good order as delivered, fair wear and tear accepted, to Dresses For Hire (Fair wear and Tear determined by Dresses For Hire);
(c) keep the Apparel in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Apparel;
(d) not alter or make any additions to the Apparel or in any other manner interfere with the Apparel.

  1. INDEMNITY

11.1 The User indemnify Dresses For Hire from and against all claims, demands, actions, losses and damages, costs, charges, fines and expenses (including, but not limited to, reasonable costs and disbursements on a solicitor and client basis) arising from the User of the website or because of any breach by the User of these Terms and Conditions, any demand or complaint made by another user against the User or due to any comments, submissions, posts and materials made or added by the User or authorised by User for the website.

 

  1. INTELLECTUAL PROPERTY

12.1 Unless specifically advised otherwise, the content of the website www.dressesforhire.com.au, together with all other material distributed by Dresses For Hire are our property. All content, including but not limited to photographs, graphics, text, layout and code is protected by copyright and trademark law. Except for the Users personal use, no content can be used, copied or modified. All rights not expressly granted are reserved by Dresses For Hire, unless noted otherwise.       

  1. SALE ITEMS

13.1 Sale items are final sale and can not be returned or exchanged                                                     

13.2 Sale items must be accepted as pre-worn, used and clearance items                                                 

13.3 Videos and Photographs may be provided by Dresses For Hire to the User at any time. Under circumstances of not requesting Videos and Photographs the User accepts the above as a sale item.  

13.4 Sale items are listed as either                           

a) Brand New With Tags is advertised as a never worn item, labels, sizing and buttons/zip in new condition.                                                                                               

b) Pre-Loved is Pre-worn and Pre-Hired items. These items may show slight signs of wear and have to be accepted as a used item.

c) Clearance/Final Sale items are heavily discounted items that show great signs of wear however still have some life for a few wears in them. These items may have missing buttons, sequins, small tears, piling or fraying.

  1. PRICE MATCH GUARANTEE

14.1 Dresses For Hire will honour the Users proof to match a price by acting competitors, not by Hiring sharing platforms. Dresses For Hire will honour a price match should the User locate identical style, size, and condition.

  1. DISCLAIMER

15.1 These Terms and Conditions are always subject to Dresses For Hire’s need to comply with all relevant laws and regulations and if anything contrary is expressed, it is deemed amended by the terms of those laws and regulations which prevail at all times.

16 CONSUMER and COMPETITOR ACT 2010

16.1 The object of this Act is to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection                                                   

16.2 Where the User hires Apparel as a consumer of Dresses For Hire and the Terms and Conditions outlined, the User is subject to all state laws and legislations governing the statutory rights of the consumer.

  1. WEBSITE

17.1 The Users use of the website must be in accordance with these Terms and Conditions and any other Statements and Policies posted on our website www.dressesforhire.com.au. We reserve the right to cancel any registration or user profile at our discretion for any reason whatsoever.