Last updated on 12 May 2023
We may change these Terms at any time by updating this page of the Website. The Terms displayed on this page of the Website at the time you place your Hire Order will apply to that Hire Order. Please review these Terms each time you place a Hire Order, as these Terms may have changed.
These terms and conditions (Terms), govern your use of the booking functionality located on this Website and the terms under which you or the company you represent (the Customer, you) will hire designer Clothing Items listed on the Website.
By placing an order for Clothing Items, you agree to be bound by these Terms which form a binding contractual agreement between you, the Hirer and us, Dress Hire Dolls Pty Ltd ABN 70 405 485 577
(Dress Hire Dolls, our, we, us). A contract if formed when we confirm your Hire Order.
In addition to capitalised terms defined in the Introduction above, capitalised terms used in this agreement will have the following meanings:
1. YOUR ORDER TO HIRE CLOTHING ITEMS
(a) By submitting an order for hire of a Clothing Item using the Website’s functionality (Hire Order) you represent and confirm that:
(i) you intend to place a binding order to hire the Clothing Items on a rental basis (and you are not purchasing the Clothing Items);
(ii) you will return the Clothing Items on or before the Return Date unless you extend your Hire Order in accordance with clause 2.3
(iii) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(iv) you are authorised to use the debit or credit card used to pay the Fees.
(v) you must provide us with a copy of your Driver’s License or other photo ID.
(b) The Clothing Items are, and will at all times be and remain, the property of Dress Hire Dolls. You will not have any right, title or interest in or to the Clothing Items except as expressly set out in these Terms. You must not, without Dress Hire Dolls’ prior written consent, part with possession of the Clothing Items during the Rental Term.
2.1. VARIATIONS TO YOUR ORDER
You may vary an order prior to notification to you that your Hire Order is being processed by Dress Hire Dolls through the functionality on the Website.
(a) Online – If you receive the Clothing Items and want to exchange for different Clothing Items, additional fees will apply including all delivery costs and a processing fee.
(b) In person – If an in person Clothing Item exchange request has been approved by Dress Hire Dolls, you acknowledge and agree that if the new Clothing Item (the Alternative Item) has a lower fee than the original Clothing Item, you will not be entitled to a refund of the difference. If the Alternative Item has a higher Fee than the original Clothing Item, you acknowledge and agree to pay the difference.
2.3. EXTENDING THE HIRE PERIOD
If you want to extend the hire period, you may do so using the functionality on our website (Extension). All Extensions are subject to availability and your payment of the additional fees displayed on our website from time to time.
If you fail to return the Clothing you have hired by the return date, you will be charged a late fee of $60 per day (Late Fee) and shall remain liable for payment until the Clothing is returned to us or your Late Fee is paid. Where applicable, this also includes payment for the sum of any refunds due to the next customer as a result of your late return of the Clothing Item. At all times, you remain liable to return the Clothing to us.
2.4. CANCELLATIONS BY US
We reserve the right to cancel your order for any reason and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
(a) We do not offer refunds for change of mind, event cancellation, postage delays beyond our control or Clothing Item not fitting.
(b) We will provide a full refund of the Fees paid in respect of:
(i) any ordered services not provided due to failure by us; or
(ii) any services provided not being substantially the same as the services requested in the Hire Order;
provided you request the refund not more than five (5) business days (in New South Wales, Australia) after the scheduled delivery date and subject to confirmation of the failure, delay or substantially incorrect service by us.
(a) Shipping is charged at a flat fee of $24.99 per order.
(b) Clothing Items will be delivered with a return pre-paid post bag. You must return the Clothing Items using this bag, or you will have to pay for the cost of return shipping.
(c) We will deliver the Clothing Items to you in accordance with the shipping information displayed on our Website. Third party courier terms apply to the delivery of the Clothing Items to you. Any problems with delivery should be directed to the courier, and please let us know too and we will see if we can help.
(d) All delivery times provided to you are estimates only and are subject to reasons beyond our control.
(e) We do not warrant or make any representation that your order will be delivered within the times indicated.
(f) We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries or non-deliveries except as set out in clause 2.5 below.
(a) You must take all necessary and reasonable precautions to protect the Clothing Items.
(b) You must store the Clothing Items by hanging them on a hanger at a height that ensures the Clothing Items are not in contact with the floor or other surfaces or objects that may crease or otherwise damage the Clothing Items.
(a) Dry cleaning of the Clothing is included in the Fees.
(b) We will use our dry cleaner. Please do not provide the Clothing Items to another dry cleaner unless otherwise agreed with us.
(c) If dry cleaning is required prior to returning the Clothing Items, including where there are any stains on the Clothing Items, please notify us immediately. We will work with you to determine the best approach and may require you to take the Clothing Items to a dry cleaner yourself.
The price of the Clothing Item hire is that stated on the Website at the time of acceptance of your Hire Order, unless otherwise expressly agreed by us in writing.
6.2. PRICING ERRORS
In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
You must pay the Fees to Dress Hire Dolls, in the amounts and using the payment method set out in the Hire Order or as otherwise agreed in writing.
6.4. THIRD PARTY PAYMENT PROVIDER
The Fees must be paid through our third-party payment providers including PayPal or Stripe, as prompted by the Website. You acknowledge and agree that those third party payment providers have additional terms and conditions which apply to your payment of the Fees.
Unless otherwise indicated, amounts stated in a Hire Order and/or on our Website include GST.
6.6. CARD SURCHARGES
Dress Hire Dolls reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(a) You acknowledge and agree that the Clothing Items available for hire are not brand new garments but items for hire which may show signs of previous fair wear and tear and Dress Hire Dolls exercises best efforts to maintain in good wearable state.
(b) Except for fair wear and tear, you will bear all risk of loss or destruction of, or damage to, the Clothing Items during the Rental Term, or otherwise when the Clothing Items are in your possession.
(c) You must compensate us for any costs of repair or replacement in relation to any loss, theft, damage or destruction set out in clause 7. We will provide you with any invoices for damage repair which must be paid within 7 days of receipt by you.
(d) You must bear all risks and liability for the Clothing Items and their use, repair and storage (including but not limited to loss of profits, loss of revenue, consequential damage, inconvenience or loss of use for any period of time) and for injuries to or deaths of persons and damage to property arising in connection with such use, repair or storage.
(e) If a Bond Fee is applicable to a Clothing Item hired by you, you agree that the Bond Fee is held by Dress Hire Dolls until that Clothing Item has been returned to Dress Hire Dolls in the same condition. In case there is damage to the Clothing Item, the Bond Fee will be retained by Dress Hire Dolls to cover the cost of repairing the damage.
(f) If the Clothing Item has been returned to Dress Hire Dolls in a state that is beyond repair, you will be charged the full Recommended Retail Price of the Clothing Item.
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement are excluded.
(b) Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, Dress Hire Dolls’s liability for breach of that non-excludable condition, warranty or guarantee will, at Dress Hire Dolls’s option, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
This clause is not intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
To the extent permitted by law (including the Competition and Consumer Act 2010 (Cth)), Dress Hire Dolls’ liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with these Terms:
(a) is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits or loss of goodwill; and
(b) is limited, insofar as concerns other liability, to the total money paid to Dress Hire Dolls under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).
You indemnify Dress Hire Dolls from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:
(a) any damage to the Clothing Items during the Rental Term or otherwise when the Clothing Items are in your possession;
(b) injuries to or deaths of persons and damage to property in connection with the Clothing Items during the Rental Term or otherwise when the Clothing Items are in your possession; or
(c) any breach of this Agreement by you.
8.1. GOVERNING LAW
This Agreement is governed by the law applying in New South Wales, Australia.
Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior consent of each other party (such consent not to be unreasonably withheld).
(a) Nothing contained in these Terms creates an agency, partnership, joint venture or employment relationship between Dress Hire Dolls and the Customer or any of their respective employees, agents or contractors.
(b) Neither party nor any person acting on its behalf may hold itself out as being entitled to contract or accept payment in the name of or on account of the other party.
This Agreement may only be amended by a document signed by each party.
No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
8.7. FURTHER ACTS AND DOCUMENTS
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this Agreement.
8.8. ENTIRE AGREEMENT
This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement.
8.9. FORCE MAJEURE
Neither Dress Hire Dolls nor the Supplier will be liable for any failure or delay in complying with any obligation imposed by these Terms if the failure or delay arises directly from an any circumstance beyond Dress Hire Dolls’ or Supplier’s control, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, embargo, changes in law, delays or disruption by government or government agencies
In this agreement, the following rules of interpretation apply:
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (currency) a reference to “$” or “dollar” is to Australian currency;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.