T&Cs
1. Definitions
1a) “AJ Dress Hire” (“we”, “our”, “us”) means AJ Dress Hire or any person acting on behalf and have the consenting authority of AJ Dress Hire.
1b) “Client” (“renter“, “customer”, “you” or “your”) means the Client or any person acting on behalf of and with the authority of the Client and/or the ‘cardholder’. The ‘cardholder’ (being the person that either books the Garment or pays for the Garment) is incorporated into the definition of the Client (and is considered as the Client in addition to the person that wears the Garment) regardless of whether they are wearing the Garment.
1dc) “Garment” means all Garments supplied on hire by AJ Dress Hire to the Client in accordance with these Terms.
1d) “Event Date” means the date that the Client provides to AJ Dress Hire for when they plan to wear the Garment.
1e) “Hire Period” means the period that the Client books the Garment for spanning from the scheduled pickup date (or the delivery date for hires being delivered by post) to the scheduled return due date (whether in store or by post).
1f) “Hire Fee” means the cost of the hire of the Garment inclusive of GST. This is separate from the “Bond” or any other additional charges (i.e. freight charges).
2. Acceptance (general and minors)
2a) The following circumstances constitute your acceptance of these Terms:
• your signature (whether electronic or actual); or
• your confirmation (whether electronic or actual); or
• your conduct (either express or implied); or
• any instructions received by AJ Dress Hire from the Client which a reasonable person would believe constitutes acceptance of these Terms.
2b) Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments in connection with Hire Fees due and owing to AJ Dress Hire.
2c) Upon acceptance of these Terms by the Client, the Terms are binding and irrevocable and can only be amended with the written consent of AJ Dress Hire.
2d) If you are 13 or older but under the age of 18, you represent and warrant in favour of AJ Dress Hire that you have reviewed these Terms with your parent or legal guardian and that you and your parent or legal guardian understand these Terms. AJ Dress Hire will assume that this is the case and provide access to its services on this basis.
4. Freight / Express Post ($15 flat-rate per direction)
4a) For all Garments that are to be delivered in either direction (to and/or from the Client) a $15 freight charge per direction is payable by the Client either at the time that the booking is made, or when the garment is dispatched by AJ Dress Hire.
4b) If a freight charge cannot be successfully charged by AJ Dress Hire when due, the hire may not proceed and the Hire Fee is not redeemable by the client.
4c) Upon dispatch of the garment, the client will be emailed the Post tracking information.
4d) The Client will not take steps to void the “signature on delivery” requirement for their parcel, for example by acceptance of the “leave in a safe place” option on the online tracking link. If the Client breaches this term the Client takes full responsibility for any loss of garment/s.
4e) If AJ Dress Hire has agreed for the Client to return the hired Garment via Australia Post, the Client may only use the pre-paid return satchel which is provided by AJ Dress Hire and the Client must post the satchel, over the counter inside any Australia Post Office, before 3pm on the first business day following the Event Date. No Garments are to be posted in an Australia Post Box or any way other than described above. Australia Post will provide the Client a lodgement receipt for evidence of lodgement.
5.Hire Period, Returns & Late Fees
5a) A rental period is for a duration of 4 days
5b) This means the dress is due to be returned to local drop off during predetermined time on the last day of the booking.
5c) Local returns: For local drop off, customers are expected to return the item within opening hours. If the return date falls on a day that the AJ Dress Hire is closed the next day will be the required return date.
5d) Once a rental item has been collected in person, there are no returns or refunds for change of mind if the item is returned unworn within the rental period or on the booking end date.
5e) Post Returns: For interstate customers, or customers posting items after the hire, items must be posted on the fourth day in the return Express Post bag provided by AJ Dress Hire (unless otherwise agreed at the time of hire). Postage item location can be tracked via the tracking numbers provided by AJ Dress Hire at the time of delivery.
5f) Customers are expected to notify AJ Dress Hire urgently if there is a delay in returning the item.
5g) If customers receive an item that is not as described, or faulty, customers are expected to contact AJ Dress Hire within 2 hours of receipt of the item and we will arrange exchange, or refund of the booking fee once the item is received back at the boutique.
5h) Late returns attract a Late fee of 25% of the hire price per day that the return is late, after the last day of booking. Late fees will be charged to the customer credit card details that were provided at the time of booking
5i) If the customer has not returned the rental item(s) within 15 days after the return date, AJ Dress Hire will consider the rental item(s) as non-returned and will charge the User’s credit card 200% of the recommended retail value in addition to the rental cost that the User has already paid. The credit card on file will be charged and if unsuccessful, referred to a debt collection agency.
5j) If the Client pays AJ Dress Hire an amount equal to 200% of the retail value, as determined by AJ Dress Hire at its sole discretion, in late fees, the garment(s) is the Client’s to keep.
6. Cleaning / Alteration
6a) AJ Dress Hire takes care of the cleaning of Garments between hires. The Client agrees that they will not attempt to clean, press, alter or repair the garment.
6b) We dry clean and inspect all products with the utmost of care however use of this product is at your own risk and AJ Dress Hire shall not be held liable for any health-related complaints associated with a product rented from our site. Our products have been worn by other consumers prior to your rental.
7. Title To Hired Garment/ Risk
7a) The Garment is and will at all times remain the absolute property of AJ Dress Hire nonetheless all risk for the Garment passes to the Client on pickup/delivery and the Client accepts full responsibility for the safekeeping of the Garment.
7b) If during the Hire Period the Garment gets lost, stolen or damaged beyond repair then the Client will be liable to pay for replacement of the item. In assessing the replacement value, AJ Dress Hire will take into account the demand of that garment in the market, the availability to purchase that garment in the market and the condition of the garment.
8. Defects
8a) The Client shall inspect the Garment on collection (or for Garments delivered to the Client, within 12 hours of electronic receipt of the delivery via Australia Post tracking and notify of any alleged defect, shortage in quantity, damage or failure to comply with what was ordered.
8b) The Client acknowledges that the Garments which they are hiring from AJ Dress Hire may not be in their original condition and therefore may be subject to fair wear and tear (determined by AJ Dress Hire in its sole discretion).
9. Changes / Cancellations by client:
9a) Rental Bookings: A $45 cancellation fee per order applies to all cancelled bookings. If your event is cancelled or you cancel your hire, AJ Dress Hire will happily refund the rental amount minus $45 cancellation fee. The $45 cancellation fee applies per dress. Cancellations must be advised 48 hours prior to the Booking start date, before the item is collected by the customer or posted to the customer. Cancellations within 48 hours of the Booking start date qualify for a store credit (valid for 12 months).
9b) Last Minute orders: If a customer places an order less than 3 days prior to the start date of the rental booking, this is considered "Last Minute order". AJ Dress Hire will not take responsibility for any post delays caused by Australia Post. Last minute orders are not eligible for a refund (in the case of late delivery past the booking start date, or failure to deliver by Australia Post). Customers may request a store credit, valid for 12 months, by notifying AJ Dress Hire via email. The store credit is exclusive of postage.
9c) AJ Dress Hire reserves the right to cancel a booking at short notice. Reasons for cancellation may include (but are not limited to) an item not being available due to late return by a previous customer or damage to an item. AJ Dress Hire endeavour to provide as much notice as possible. In the event of a cancellation by AJ Dress Hire , AJ Dress Hire offers a full refund, store credit or the option to change the booking to another item.
9d) If a product doesn’t fit you then you can return it unworn within 24 hours to receive a credit of the rental fee minus delivery charges. You must email ajdresshire@gmail.com indicating your intention to mail back the product for credit. Returns for credit will not be accepted if your garment has been deemed “worn”. The term “unworn” will be determined by AJ Dress Hire and must be fulfilled prior to a credit being issued.
Credits will only be issued if ALL of pieces in the order were unworn.
10. Client Responsibilites
10a) The Client shall:
• immediately notify AJ Dress Hire of any damage to the Garment that occurs during the Hire Period
• not alter or interfere with the garment (including cutting off hanging ribbon or amending the length of garment – temporary or otherwise).
• not apply self-tan within 48 hours before wearing the Garment (if a light coloured Garment)
• keep the Garment in their own possession and control during the Hire Period
• Remove any fashion tape prior to returning a garment
11. Cancellation by AJ Dress Hire
11a) AJ Dress Hire may cancel these Terms or cancel the hire of a Garment at any time before the Hire period by giving verbal or written notice. On giving such notice AJ Dress Hire shall repay to the Client any sums paid in respect of the Hire Fee. AJ Dress Hire shall not be liable for any other loss or damage howsoever arising from such cancellation.
12. Default & Collection (consequence)
12a) If the Client owes AJ Dress Hire any money the Client shall indemnify AJ Dress Hire from and against all costs and disbursements incurred by AJ Dress Hire in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, AJ Dress Hire collection agency costs or associated administration charges, and bank dishonour fees).
12b) If you do not pay the amounts owed to us when due we will pass on the invoices to a collection company to pursue you for collections, including and without limitation attorney and collection fees. AJ Dress Hire reserves the right to terminate your right to rent products from us at any time at our own discretion should you breach this agreement or for any other reason.
13. Warranties and disclaimers
13a) To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our services under these Terms or in regards to the Content.
13b) We reserve the right to restrict, suspend or terminate without notice your access to our services under these Terms or any Content at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
14. Returns
AJ Dress Hire does not except returns of sale items. Items sold are final sale unless faulty (including reasonable wear 7 tear or faults pointed out).
15 Liability
15a) To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense irrespective of the manner in which it occurs – which may be suffered due to your use of our services and/or the information or materials connected with our services under these Terms.
16. Jurisdiction and governing law
16a) These Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
Lenders Insurance
AJ Dress Hire provides Lenders who always adhere to these Terms with an option to purchase low cost insurance for loss of Items for up to $500 or half the recommended retail price (whichever is lower).
In order to access AJ Dress Hire Lender Insurance, Lenders must list an accurate and verifiable recommended retail price and have complied with these terms at all times. Any evidence that implies, at AJ Dress Hire full discretion, that the Lender has not complied (or attempted to not comply) with any of these Terms at any time or for any transaction, including transacting outside of AJ Dress Hire platform will mean the said Lender is unable to access AJ Dress Hire Lender Insurance.
If the Lender has complied with these terms at all times since becoming a User, AJ Dress Hire will first attempt to recover the costs from the particular Borrower through any number of means, including through charging the Borrower’s credit card, contacting the Borrower directly or debt collection. AJ Dress Hire reserves the right to attempt to recover from the Borrower for up to 90 days before paying out any claim under this policy. If you are a Lender who has business insurance, you are obliged to attempt to recover your loss from your own insurer before making a claim for AJ Dress Hire Insurance. Where a Lender has a business insurance policy, the Lender must provide AJ Dress Hire evidence that their claim has been unsuccessful. For the avoidance of doubt, AJ Dress Hire Lender Insurance does not apply where an item has been damaged by the relevant Borrower or during shipping.
If an Item is lost in transit by a shipping provider including Australia Post or any other shipping provider, AJ Dress Hire Lender Insurance does not apply and the Lender must make a claim to the relevant shipping provider.