Sydney Dress Hire Rental Policy
This rental policy constitutes a legal agreement entered into between the Renter and Sydney Dress Hire (as defined below) and shall apply to all rental orders placed through Sydney Dress Hire.
· In this agreement unless the context indicates otherwise:
· “Damages” (in relation to a Dress) means the actual expenditure in repairing any damage, replacing any parts and/or elements, or any other charges incurred related to an incident of whatsoever nature;
· “Sydney Dress Hire” means Sydney Dress Hire ABN 28816 955 211;
· “Dress” means the designer dress and/or any other apparel offered for rental by Sydney Dress Hire and in respect of which the Renter has ordered the rental thereof;
· “Rental Period” means the period between the date of requested delivery and the termination date and time or if such period is extended, the time and date entered on Sydney Dress Hire’s records of the rental;
· “Renter” means all of the persons, jointly and severally, who are undertaking rental of a Dress from Sydney Dress Hire;
· “Total Loss” (in relation to a Dress) means: (I) Damages where the estimated costs of repairs is such that the Dress is in the sole and absolute discretion of Sydney Dress Hire uneconomical to repair in relation to the value of the Dress and condition of the Dress for the time being; or (II) when the Dress is stolen and/or lost. The amount of the Total Loss will be the 100% of the retail value reasonably determined by Sydney Dress Hire as at the date of loss; and
· “Wearer” means such person who is duly authorised by Sydney Dress Hire to wear the Dress. In the event that the Renter is not the Wearer, the Renter shall notify Sydney Dress Hire prior to rental of the Dress of such fact and shall identify the Wearer.
· Sydney Dress Hire rents to the Renter, who hires the Dress subject to the terms and conditions applicable at the time of the rental as set forth herein. The Renter will be bound by these terms and conditions, whether they are the Wearer or not. If the Renter is not the same person as the Wearer, it shall be the Renter’s responsibility to procure that the Wearer complies in full with these terms and conditions.
· All rentals from Sydney Dress Hire are subject to availability of the requested Dress.
· Sydney Dress Hire’s general policy is to limit Renters to 4 (four) products at any given time (not including backups for sizing), although Sydney Dress Hire reserves the right at any time to increase or decrease this number, with respect to any or all Renters.
Cancellation of Rental Order
· Any orders for rental of a Dress shall be legally binding.
· Orders may be cancelled by the Renter only in the following circumstances: (I) at least 7 (seven) calendar days prior to the requested delivery date, without penalty and with a full refund if applicable (refunded to Renter using their original mode of payment); or (II) prior to 12:00pm on the requested delivery date, in exchange for credit in the amount of the rental rate, which credit may be used exclusively for future rental of a Dress from Sydney Dress Hire, and which shall expire if not used in the 12 (twelve) months following issuance.
Delivery / Collection
· Sydney Dress will make available for collection or delivery (as agreed) to the Renter the Dress ordered by them in accordance with their selected design and size specifications, on or prior to the requested delivery date. In the event that the Dress is not delivered by the requested delivery date, the Renter shall be entitled to a refund of rental costs and charges, without any further obligation or liability on the part of Sydney Dress Hire.
· Delivery of a Dress (as agreed in advance of the delivery date) shall be made by Sydney Dress Hire’s delivery team to the address indicated by the Renter. Sydney Dress Hire reserves the right to refuse
delivery to a post office box or to any other location at which a person is not available to accept physical delivery. Deliveries shall be subject to any additional terms agreed at the time of reservation.
· Sydney Dress Hire may offer the Renter the right to order a second size of the same Dress. In such cases, the second Dress shall be returned at the same time as the return of the other Dress. In such cases the Renter undertakes that only one of the two Dresses may be worn (other than for trial sizing purposes).
· Delivery and transfer of the risk in and to the Dress shall occur at the time and place that the Renter or their duly authorised representative, or the Wearer, takes possession of the Dress, either at the Renting Location in the event of personal pick-up, or at the delivery address specified by the Renter when placing their rental order. It shall be the Renter’s responsibility to ensure timely collection and/or physical reception of any Dress from their requested delivery address. In no event shall Sydney Dress Hire be liable for any delays or costs resulting from the Renter’s failure to receive delivery of a Dress at their requested delivery address.
· The Dress shall be deemed to have been delivered to the Renter or their duly authorised representative or the Wearer in good order and repair, clean and without any damage, unless otherwise recorded in writing and signed by Sydney Dress Hire(or its delivery agent) and the party accepting delivery of the Dress.
Use of Dress
· The Dress shall be used exclusively by the Renter (or by the Wearer, if different from the Renter). Any use of the Dress by any other person shall not be permitted without the prior written consent of Sydney Dress Hire.
· The Dress may be used only for the Rental Period or any extended period as agreed to by Sydney Dress Hire. The Renter agrees that any extension so noted on Sydney Dress Hire’s records would correctly reflect such extended period as agreed to by Sydney Dress Hire.
· Sydney Dress Hire will at all times remain the owner of the Dress.
Return of the Dress
· The Renter shall return the Dress to Sydney Dress Hire at the end of the Rental Period at the location of original delivery (unless otherwise agreed to by Sydney Dress Hire), and in the packaging and form provided and indicated by Sydney Dress Hire to the Renter.
· The Renter acknowledges that failure to return the Dress as set forth in this agreement shall constitute illegal possession by them, and Sydney Dress Hire may repossess the Dress wherever same may be found and from whomsoever is in possession thereof. Any costs incurred by Sydney Dress Hire to retrieve the Dress will be for the account of the Renter. Moreover, Sydney Dress Hire reserves the right to charge a penalty for failure to return any Dress on time.
· If a Dress is returned late, Sydney Dress Hire charges 5% of the retail value of the Dress for each day, with a total penalty of the retail value of the Dress being due for any Dress not returned after 20 (twenty) calendar days. The Renter hereby authorises the charging of their credit card in that amount, in such circumstances. In the cases of cash on delivery, the Renter agrees to provide cash payment in that amount, in such circumstances, upon pickup of the dress. Payment of late penalties shall be without prejudice to the Renter’s obligation to return the Dress to Sydney Dress Hire.
· Should the Dress not be returned as indicated above, the Dress may be reported as stolen to the relevant authorities, and Sydney Dress Hire will schedule pick-up of payment immediately in the amount of the retail value of the dress from the Renter if cash on delivery method was used.
· The Dress shall be returned to Sydney Dress Hire in the same condition as received, that being undamaged and in good condition, ordinary wear and tear excepted.
Termination/Cancellation/Extension of Rental/Purchase
· Notwithstanding anything to the contrary contained herein, Sydney Dress Hire shall be entitled in its sole and absolute discretion to terminate this agreement at any time by notice (verbal or in writing) to the Renter, whereupon the Renter shall immediately return the Dress to Sydney Dress Hire. In the event of such failure to return the Dress to Sydney Dress Hire, Sydney Dress Hire shall be entitled to recover possession of the Dress, wherever found and from whosoever has possession thereof. The obligations of the Renter and the rights of Sydney Dress Hire shall continue in full force and effect until the Dress has been returned to Sydney Dress Hire in terms of this agreement and the Renter has complied with all his obligations. Any costs incurred by Sydney Dress Hire to retrieve the Dress will be for the account of the Renter.
· The Renter shall give Sydney Dress Hire 24 hours’ notice, prior to the termination of the agreement, of their intention to extend the Rental Period. The Rental Period shall be extended on acceptance by Sydney Dress Hire of the extended Rental Period requested by the Renter.
· Sydney Dress Hire may at its discretion offer the Renter the right to purchase the Dress, in which case the Renter shall pay to Sydney Dress Hire such additional amounts as may be agreed between Sydney Dress Hire and the Renter. Any purchases by the Renter of any Dress shall be on an “as is” basis, without any warranty express or implied, and shall be final and non-refundable.
· The Dress may only be worn by the Wearer.
· If the Renter and Wearer are not the same person, then, without derogating from any rights or remedies which Sydney Dress Hire may have, the Renter shall remain liable for all their obligations in terms of this agreement and in particular, they shall be liable to Sydney Dress Hire as if they had been wearing the Dress.
· The Renter warrants that they are entitled and have the capacity to enter into this agreement, that all particulars given to Sydney Dress Hire are true and correct.
Rental Rates and Charges
· The Renter agrees to pay Sydney Dress Hire the rental rates plus all other charges and fees opted for or utilised by the Renter as contemplated up until the Dress is returned to Sydney Dress Hire, as per the rates indicated on Sydney Dress Hire’s website or as otherwise communicated to the Renter.
· Rental rates, charges and fees will be calculated for the whole of the rental period (including any extended period as agreed by Sydney Dress Hire) at the rates and on the basis set out by Sydney Dress Hire. The Renter shall also be liable for all costs incurred by Sydney Dress Hire (including, without limitation, all fees of lawyers and other advisers) in recovering any outstanding expenses not paid by the Renter.
· All payments are due on demand. Payment for rental of a Dress shall be payable at the time of placing a rental order (unless otherwise agreed in writing by Sydney Dress Hire). All charges payable by the Renter shall be payable by credit card.
· Sydney Dress Hire may at its absolute discretion elect to accept cash payment for a rental, in which case a cash handling fee may be charged by Sydney Dress Hire. Sydney Dress Hire may also, at its absolute discretion, elect to accept payment by other means, such as PayPal for example.
· The Renter will not be entitled to set-off or withhold payment of any amounts due in terms of this agreement for any reason whatsoever.
· If Sydney Dress Hire has agreed to accept payment from the Renter by credit card or charge card, the Renter’s acceptance of this agreement will constitute irrevocable authority for Sydney Dress Hire to obtain authorisation and/or payment. This will also constitute irrevocable authority for the issuer of the card to debit them with the total amount due to Sydney Dress Hire including but not limited to any late penalties, Damages and/or Total Loss suffered by Sydney Dress Hire. Such authority shall extend to cases where the price for renting a Dress is zero.
· In the event that the Renter returns the Dress to Sydney Dress Hire prior to the termination of the Rental Period, the Renter will pay, at the discretion of Sydney Dress Hire either the usual rates and charges applicable to that part of the Rental Period actually used, or the rates and charges for the full Rental Period.
· In the event of an incident and/or if the Dress is stolen and/or lost, the amount of the Damages and/or the Total Loss as suffered by Sydney Dress Hire is payable by the Renter immediately on demand by Sydney Dress Hire.
· If any amount is not paid on the due date, Sydney Dress Hire may without prejudice to any rights it may have, charge interest on the overdue amount at a rate of 5% or the maximum amount allowed under the law, whichever is lower, and in the sole discretion of Sydney Dress Hire.
· A certificate of any director, manager or accountant of Sydney Dress Hire as to any amount owed by the Renter to Sydney Dress Hire shall constitute prima facie proof of that amount.
Renter’s Risks and Liabilities
· The Renter shall assume the sole risk of the Dress (ordinary wear and tear excepted) from the time that the Dress is handed to the Renter until such time as the Dress is returned, in accordance with the terms of this agreement.
Incident in Relation to the Dress
· If at any time the Dress is involved in an incident, damaged, stolen and/or lost, the Renter shall take every reasonable precaution to safeguard the interest of Sydney Dress Hire, and failure to do so will result in the Renter being liable for Total Loss.
· The Renter shall notify Sydney Dress Hire upon return of the Dress of the occurrence of any incident or damage in relation thereto. In the event that the Dress is stolen or lost, the Renter shall within twenty-four hours of the occurrence notify Sydney Dress Hire of such incident, and shall, if requested by Sydney Dress Hire, cooperate with Sydney Dress Hire in reporting such incident to the police.
· The Renter shall, if requested by Sydney Dress Hire, co-operate with Sydney Dress Hire and its insurer in any investigation, the making or instituting of any claim or action and the defence of any prosecution, claim or action relating to any accident, theft or damage. If the Renter is not the Wearer, then, without in any way derogating from the Renter’s obligations in terms of this agreement, the Renter shall procure that the Wearer complies with the foregoing provisions and the Renter warrants that the Wearer shall do so.
Limitation of Liability / Indemnity of Sydney Dress Hire by Renter
· Neither Sydney Dress Hire nor any of its directors, officers, employees, service providers or agents shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from the rental by the Renter of the Dress, including, without limitation, any defect in the Dress (howsoever arising and of whatever nature) and whether such loss or damage results from breach of contract or negligence or gross negligence or otherwise which may be suffered by the Renter, Wearer and/or any third party.
· Sydney Dress Hire, its directors, officers, employees, affiliates or agents are accordingly indemnified by the Renter against any claim of any nature whatsoever and howsoever arising from any damages or loss which might be instituted against Sydney Dress Hire, its directors, officers, employees, affiliates or agents arising from or connected with or pursuant to the renting of the Dress contemplated in this agreement.
· This document contains the entire agreement between the parties regarding the matters contained herein and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded in writing by Sydney Dress Hire.
· If any provision of this agreement is found by a court of law to be invalid or void such provision will be severed from the agreement, without affecting the remainder of the provisions hereof.
· No extension, latitude or other indulgence that may be given or are allowed by any party in respect of performance of any obligation hereunder, and no delay or forbearance in the enforcement of any party arising from this agreement, and no single or partial exercise of any right of any party under this agreement will in any circumstances be construed as implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any party’s rights in terms of or arising from this agreement or stop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
· This agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of New South Wales. The Renter consents to the jurisdiction of the courts of New South Wales with respect to any disputes arising out of this agreement.