Terms and Conditions

Welcome to Dressedup.com.au, a website owned and operated by Dressed Up Pty Ltd A.B.N. 72 129 978 445 (“Dressedup”).
This website is located at http://www.dressedup.com.au ("Website"). Under these Terms of Use, this Website provides a service for customers to borrow designer garments from Dressedup.

  1. DEFINITIONS

In these Terms of Use “you” and “your” refer to all users of this Website and “we”, “us” and “our” refer to Dressedup. References to users must be read as being also a reference to customers of Dressedup.

  1. LEGALLY BINDING Contract

These Terms of Use constitute a binding legal contract between you and Dressedup. These Terms of Use apply to you whether you are browsing or are a customer of Dressedup.
The Terms of Use in force at any time are published on the Website and you will be taken to have accepted them by accessing or using the Website.
If Dressedup develops revised terms of use then on their publication on the Website they will supersede those they replace. If you subsequently access or use the Website you will be taken to have accepted the revised terms of use.
If you do not agree with the terms of use applicable from time to time, do not access, use, submit information to or download from this Website.
These Terms of Use may change without notice, so do check them from time to time. If you do not agree to any change, you should terminate your use of the Website. A last updated date appears at the end of the Terms of Use specifying the date of the last update coming into force.
Specific Website offerings, incentives, areas, or sections may also have additional guidelines which govern your use of this Website. You must comply with them in addition to these Terms of Use.

  1. GARMENT ORDER PROCESS

    1. You make your order


As a prospective customer of this Website, first pick a garment you would like to borrow. The normal period of the borrowing is seven (7) days inclusive of the day of delivery and the day of return to Dressedup. To pick a garment, fill in a customer order form on this Website. The order includes your contact details, delivery address, and credit card details. It also requires you to confirm your acceptance of these Terms of Use.
You warrant that all your details provided to Dressedup are true and correct, including your name, email address, credit card details and delivery location.

    1. Dressedup checks availability


Dressedup will receive your customer order via email. Dressedup checks that stock of the garment you selected is available and ready for delivery to you.
If the delivery charge (or any other component of the borrowing fees or charges) for your order needs variation given your specific situation or requirements then Dressedup will contact you to confirm if you still want to proceed with your order.

    1. Dressedup processes your payment and order

If your order is accepted by Dressedup, your payment will be processed.
You authorise Dressedup to charge the applicable borrowing fees and charges as calculated on the basis specified on this Website at the time of your order. These normally include the borrowing fee, delivery charge, and GST. In some circumstances they may also include any additional borrowing fees (for borrowings over 7 days), any charge associated with damaged, lost, stolen or unreturned goods, and any other charges incurred in connection with your use of the service provided by this Website.

    1. Dressedup confirms your order


You will receive an order confirmation advising that your payment has been received and processed and that delivery will be approximately 1 to 4 business days.
On confirmation of your order by Dressedup, your order will be treated as a firm order (ie no cancellation is permitted).
After such confirmation, you will be charged the applicable borrowing fees and charges (as calculated on the basis specified on this Website at the time of your order) if you seek to cancel or terminate your order, or you are unable or unwilling to accept physical delivery, or there is any misdelivery due to or arising from issues with your order form instructions, or if you return your order.

    1. Dressedup despatches your order

Dressedup will now organise delivery of your order via courier to the delivery address you nominated in your order. Dressedup’s obligation to deliver will be discharged on arrival of the order at the delivery address you nominated in your order.
On delivery, you must check that the package includes:

      1. delivery box (ie the package delivered by the courier),
      2. garment,
      3. garment bag,
      4. printed information on how to care for the garment,
      5. printed return delivery instructions, and
      6. pre-paid courier voucher to use to return the garment.

Keep all the above package items as you’ll need them to return the garment in accordance with these Terms of Use.
While the garment is in your possession or control you have legal obligations to look after it as a bailee for Dressedup.

    1. Your return obligations

You must ensure that the garment is returned to Dressedup in accordance with these Terms of Use and Dressedup’s printed instructions, unless otherwise agreed in writing.
You must ensure the garment is returned in the same condition it was delivered to you, fair wear and tear excepted.
Any adjustments or alterations to the garment must be temporary adjustments or alterations (as the case may be). They must be removed completely prior to return of the garment. If the garment is returned still adjusted or altered then you will be charged for their removal.
You must make timely contact with the courier company to arrange timely pick-up time and attach the pre-paid courier voucher to the box to send back the garment.

    1. Your potential additional borrowing fees


If you choose to keep the garment for more than seven (7) days (inclusive of the day of delivery and the normal day of return to Dressedup), then you will be charged an additional borrowing fee (of the same price as you originally paid) for every additional seven (7) days of your borrowing.

    1. Consequence of damage to garment

Dressedup will check returns for any damage, loss, adjustment or alteration of the garment or a part of it. If damage has occurred, Dressedup will promptly inform you. If the garment is repairable you will be charged for the repairs. If the garment is not repairable in the reasonable opinion of Dressedup, then Dressedup reserves the right to charge you the full retail value of the garment and you will have the option to keep the garment.

  1. ORDER obligations

    1. Delivery Notifications and Altered Borrowing Start Time

      1. (Courier’s Calling Card) If you are not able to take receipt of the order from the courier at the delivery address, the courier will leave a calling card at the delivery address. Within 24 hours from the time that the Calling Card is left at the delivery address, you must contact the courier and provide the courier with an alternative time for delivery. This alternative time must be within 48 hours from the time you contact the courier. Your seven (7) day borrowing period (inclusive of the day of alternative time for delivery and the normal day of return to Dressedup) for the garment will automatically start from that alternative time, whether or not you are then available to receive your order.
      2. (Dressedup Email) In some cases, the courier may not be able to leave a calling card. In this instance, Dressedup will contact you via email to arrange an alternative time for delivery. Within 24 hours from the time that Dressedup sends that email, you must email Dressedup and provide Dressedup with an alternative time for delivery. This alternative time must be within 48 hours from the time you email Dressedup. Your seven (7) day borrowing period (inclusive of the day of alternative time for delivery and the normal day of return to Dressedup) for the garment will automatically start from that alternative time, whether or not you are then available to receive your order.
      3. (No Contact) If, despite its best endeavours, Dressedup is unable to contact you, or if you do not respond to its email notification, your seven (7) day borrowing period (inclusive of the day of alternative time for delivery and the normal day of return to Dressedup) for the garment will automatically start seventy two (72) hours from the time a courier first attempted delivery to your nominated delivery address, whether or not you are then available to receive your order.

    5. Delivery Time and Address

      2. Any delivery date or time given will be on the basis that it is an estimate. Delayed or late delivery of the garment does not confer on you any right of cancellation, termination or refusal of delivery. You will not be relieved of your obligation to accept delivery or pay the borrowing fees and charges by reason of any delayed or late delivery.
      3. Dressedup is not liable in any way for non-delivery or any delay or late delivery.
      4. Dressedup may refuse delivery of the garment to an address if it believes the address is too remote or inaccessible.

    11.  

    12. Legal Title and Risk

Legal title to the property in the garment remains with Dressedup unless otherwise specified in writing by Dressedup. Risk in the garment pass to you on delivery and ends on handover to a courier for return to Dressedup.

    1. Consequence of Loss, Theft or Unreturned Garments

 

If in the reasonable opinion of Dressedup the garment or a part of it is lost or stolen while it is in your possession or control, you will be charged the full retail cost of the garment, as well as all applicable borrowing fees and charges as calculated on the basis specified on this Website at the time of your order.

    1. Accounts

     

You must notify Dressedup within fourteen (14) days of the date of any disputed invoice or account. If you dispute an invoice or account you must nonetheless pay all other undisputed invoices and accounts and must not set off, suspend or withhold payment of them. You grant to Dressedup or Dressedup’s authorised representative the right on seven (7) days notice to examine your accounts and records in so far as they relate to disputed invoices or accounts.

    1. Capacity

     

    5. You represent that you are either 18 years of age or older and are fully qualified and empowered to enter into these Terms of Use or you represent you are a minor over the age of 13 and warrant that you have obtained parental consent.

  1.  

  2. GST

Unless otherwise stated, any charges referred to for use of any services provided by Dressedup via a Dressedup website are exclusive of Goods & Services Tax (“GST”). Where GST applies, Dressedup will deduct the GST it incurs from each customer's payment and Dressedup will issue the customer with a tax invoice. Terms used in this clause are governed by definitions in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

  1. CONSENT TO COMMUNICATIONS

 

If you use the services of Dressedup provided via this Website, you agree that Dressedup may from time to time send communications to you, such as a enewsletter or updates on what is available from Dressedup.

  1. Permitted Use and Prohibitions

Your use of the Website, its components and content must not breach these Terms of Use, Dressedup’s statements on pages of the Website, and any agreement on the Website to which you become a party.
All other use is unauthorised and strictly prohibited and will terminate any registration and access rights granted.
Dressedup requires that each individual participating in the Website do so from a single login account. Multiple individual accounts are prohibited.

  1. Intellectual Property

 

The content of the Website and any newsletters, mail-outs or other materials associated with the Website are the property of Dressedup, unless noted otherwise.
The Website and its content is protected by law including copyright in its layout, text, images, photographs, illustrations, animations, audio clips, video clips, programming and HTML code. No part of the Website or its content may be used, copied, modified, distributed, republished or transmitted, except for your personal and non-commercial use. All rights not expressly granted at the Website are reserved by Dressedup, unless noted otherwise.
All names, logos and signs in the Website are the trade marks of their respective owners. This is our trade mark: Dressedup™.

  1. Third Party Products and Services

 

No endorsement, recommendation or approval of any user, customer or other third party or any of their products, services, or websites is intended by any content, links or third party advertisements (including any banner ads containing embedded hyperlinks) on or to Dressedup. Links are provided only as a convenience. Some third party advertisements contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Dressedup, and it is not responsible to you for the goods or services you buy on the third party website.

  1. Links Policy

 

You are welcome and encouraged to create links to the Website. If you are using frames, when they are activated you must ensure they do not continue to display your frames, or frames of others, around the Website pages.

  1. Indemnity

You indemnify Dressedup 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 or incurred due to your activities on or use of the Website, any breach by you of these Terms of Use, any demand or complaint made by another user against you, and any due to any comments, submissions, posts and materials made or added by you or authorised by you for the Website.

  1. Disclaimers and Limitation of Liability


The Trade Practices Act 1974 (Cth) and other legislation confers rights and remedies in relation to the provision of goods and services which cannot be excluded, restricted or modified.

Despite anything to the contrary in these Terms of Use, the disclaimers and limitations specified in these Terms of Use only apply to the maximum extent permitted by such legislation and do not exclude, limit or modify remedies under such legislation.

Under these Terms of Use your use of the Website is at your risk. Dressedup is not liable to you or anyone else for any damage or loss in connection with use of the Website or any comment, submission, post or material on the Website. You should not act on the basis of anything contained in the Website without first obtaining any necessary or prudent professional advice. Dressedup is not responsible for any damage suffered from the direct or indirect use of the Website. This includes, but is not limited to: expenses and loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by the negligence, errors or omissions of Dressedup, its officers, employees and contractors, editors, moderators, consultants, and authors.

The disclaimers and recommendations in the preceding paragraph apply to all content on the Website’s web pages, PDFs and other files and documents. The disclaimers and recommendations in the preceding paragraph are not restricted by the detailed provisions below.

All care and diligence is taken to ensure the accuracy and currency of information. However, Dressedup, its officers, employees and contractors, editors, moderators, consultants, and authors with content on the Website, and the internet service provider hosting the Website, make no representation and accept no responsibility for any error, omission, service interruption, unreliability, lack of timeliness, inaccuracy, misleading information or anything done or not done if you use, download, or act in reliance on any representation, information or data contained, linked or distributed through the Website.

The Website and its content is therefore provided "as is", and to the full extent permitted by the law, without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for purpose or otherwise.

Further, Dressedup, its officers, employees and contractors; editors, moderators, consultants, and authors with content on the Website; and the internet service provider hosting the

Website, accept no liability for any direct, indirect, incidental, consequential, exemplary, special, or punitive damage (including any loss of profit, revenue or data) whatsoever and howsoever caused, arising from access, use, downloading, or reliance by you or any third party on or of any representation, information, product or service provided on, via or involving the Website, whether in an action of contract, tort (including negligence), criminal law, property, trust, unjust enrichment or statutory law.

  1. Termination


Without limitation to other provisions in this Terms of Use, Dressedup may at its discretion refuse service, suspend or terminate any access or account you may seek or have with Dressedup. Dressedup may do so, for example but without limitation, if it believes you will breach or have breached these Terms of Use. This includes any access right you may have as a registered user.

  1. Construction


In these Terms of Use, unless the context otherwise requires:

      1. a reference to any legislation, regulation, proclamation, ordinance, by-law, industrial award or other statutory instrument or rules includes a reference to all legislation, regulations, proclamations, ordinances, by-laws, industrial award and statutory instruments or rules amending, consolidating or replacing it or made or issued under it;
      2. a reference to these Terms of Use is a reference to these Terms of Use as may be varied, supplemented, novated, or replaced from time to time;
      3. words in the singular number include the plural and vice versa;
      4. a reference to a thing (including any amount or a garment) is a reference to the whole and each part of it and a reference to a group of things or persons is a reference to all of them collectively and to any one or more of them;
      5. headings, underlines, indexes and lists of contents are for convenience only and have no effect on interpretation;
      6. "including" and like terms mean "including but not limited to";
      7. a failure to comply, observe or perform an obligation constitutes a breach of an obligation; and
      8. no rules of construction apply to the disadvantage of one party on the basis that it offered or drafted this Agreement or part of it.


  7. GENERAL


    2. Relationship of Parties

Nothing in these Terms of Use is to be taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any of the parties.

    1. Limitation

 

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website will be barred if it is not filed within one (1) year of the cause of action arising.

    1. Composition

 

These Terms of Use are subject both to any agreement between you and Dressedup which expressly supersedes these Terms of Use, and, to any mandatory statutory or common law to the contrary applicable in the state of New South Wales, Australia.

    1. Variation

 

These Terms of Use or any part of them may be varied, modified, amended, added to or substituted only by a document in writing executed by the parties.

    1. Waiver

     

    No provision of these Terms of Use is to be taken to be waived except by express written consent executed by the party which is claimed to have waived the relevant provision.

    1. Severability

 

If a provision, or part of it, of these Terms of Use is held invalid, unenforceable or illegal by a judicial authority for any reason, then that provision or part must be read down if possible but if that cannot be done then it must be severed and the balance of these Terms of Use will otherwise remain in full force.

    1. Governing Law and Jurisdiction

 

These Terms of Use must be interpreted and governed by the law of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises in relation to them it must be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Copyright © Dressedup 2008. All rights reserved.

Last updated: 2 September 2008