Hire Terms & 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 https://www.dressedup.com.au (“Website”). Under these Terms of Use, this Website provides a service for customers to borrow designer garments from Dressedup.

Legally Binding Contract

This contract you have entered into with Dressedup comprises the invoice for the hire, Shipping terms, Returns Policy, Website Terms of Use, Privacy Policy and these Hire terms and conditions (collectively, “Terms and Conditions”). They contain the terms regarding your rental of any of our products or items (Items) on the Website or from Dressedup’s Sydney Showroom.  The Terms and Conditions constitute a binding legal contract between you and Dressedup.

You agree that rental from our business is subject to the Terms and Conditions, which are available on the Website and are subject to change from time to time.

Severance clause: The failure of Dressedup to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Dressedup. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Definitions

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

Items mean all Items (including any fashion accessories e.g. dresses) supplied on hire by Dressedup to you (and where the context so permits shall include any incidental supply of services). The Item shall be as described on any invoices or other documentation provided by us to you.

Consumer Rights Statement

All rights set out in these Hire Terms and Conditions are in addition to your rights as a consumer (Applicable Law) under applicable consumer protection legislation, including the Australian Consumer Law. Your Consumer Rights are not excluded, restricted or modified by this Rental Agreement. Where the User hires Apparel as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.

You can find out more about your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State or Territory fair trading authorities.

Our Commitment to You

We will deliver the Item that you have hired including the correct size, colour and style on or before the date you have specified for delivery on your order, except where we have indicated to you that it is not possible or guaranteed and therefore your order has been amended. Items may appear different in colour and style then the images listed on the Website. Our liability to you for failure to deliver an Item you have ordered is limited only to timely delivery.

Rental Fees

The “Rental Fee” for hire of any Items will be the rental fee, delivery fees and any additional charges listed on the Website in relation to your rental of Items.

Where you hire an Item from Dressedup, you agree that you are renting Item until the return date only and that ownership and title in Item hired remains with Dressedup at all times.

Where an Item is not returned on the return date the Item you will incur Late Return Charges.

All Prices on our website are denominated in Australian Dollars.

Payment Authorisation

When you order any Items, you authorise Dressed Up to charge through the payment method you have opted for online or agreed to with Dressedup, immediately upon receiving your order.

Items may be rented by customers who are under the age of 18. However, we only rent directly to adults who may rent the Items on behalf of a minor.

By clicking “I accept” on registration and on check out, you represent that you are over 18 years of age and are authorised to use the chosen method of payment with the purpose of renting the Items on the order.

Late Return Charges

If an Item has not been returned by the specified hire due date, Dressedup will continue to charge hire fees until on the outstanding Item(s) to a maximum of 20 days. You authorise Dressedup to charge your payment method a fixed fee of $50 for each day, excluding public holidays and Sundays. If after 20 days you have not returned the Item(s) we will consider the Items to be non-returnable and you will incur a total fee equal to 200% of the entire original retail value of the Item when new as set in the “retail value” on the Website. You authorise Dressedup to charge your payment method the late fee on the basis that we only charge your payment method when you have not upheld your commitment to us as set forth in this rental agreement.

Cancellation & Refund of Orders

You may cancel your order at least seven (7) days prior to the order delivery date subject to the following cancellation fees:

  1. a)      For cancellations that are thirty (30) days or more in advance of delivery date, a credit will be issued that can be used on future Dressedup within the twelve (12) months of issue, or a full refund with no cancellation fee.
  2. b)      For cancellations that are less than thirty (30) days in advance of delivery date a full credit will be issued and can be used on future Dressedup orders within twelve (12) months of issue.
  3. c)      For cancellations where the order has already been shipped, a credit for the hire minus shipping will be issued and can be used on future Dressedup orders within twelve (12) months of issue.

Cancellation must be issued in writing by emailing customerservice@dressedup.com.au with your order number and cancellation request.

The refund process can take approximately ten to twenty (10-20) working days dependant on the independent processing time taken by the User’s credit card provider and the User acknowledges that Dressedup has no control over such Credit card issuers processes.

Dressedup may cancel these terms and conditions or cancel the delivery of an Item at any time before the Item is delivered by giving written notice. On giving such notice Dressedup shall repay to you any sums paid in respect of the Price. Dressedup shall not be liable for any loss or damage howsoever arising from such cancellation. In which event Dressedup will issue you a full refund of the dress rental cost, minus the shipping cost.

Return of Unworn Items

If an Item doesn’t fit you, not as described, or faulty, you may return it unworn within 24 hours, with the security tag attached, to receive a credit of the rental fee minus delivery charges. You must email customerservice@dressedup.com.au indicating your intention to mail back the Item for credit. Returns for credit will not be accepted if security tag has been removed from the garment. The term “unworn” will be determined by Dressedup and must be fulfilled prior to a credit being issued. Credits will only be issued if ALL of the sizes in the order were unworn.

Backup Size

In order to help you with fit, Dressedup offers a “back up size” where available. This back up size is subject to availability at the time of shipment and will only be sent to you if no other orders are present for this back up size during the period of your order. At no time do we guarantee availability of back up size dresses. If you wear either ordered size or a backup size dress, the order is considered successful and no returns for credit will be possible. We may discontinue the availability of backup Items at any time.

If a backup size was worn, no credit will be issued. The order is considered successful if one or more of the Items in the order is worn.

Backup Style

Dressedup offers a “backup style” when consumers want extra choices for their order. This service is intended not to be used to borrow multiple dresses for multiple occasions, rather to be used to give customers more options to choose from for their one occasion. An order is considered fulfilled and successful if any of the dresses including the original rental, back up size or back up style is worn and no returns for credit will be considered if any of these conditions are met. If a backup style is worn, no credit will be issued.

Delivery of Items

Your ordered Items will be available to pick up from our Sydney Showroom on the same day as order, where requested. Delivery Australia wide is available. The last daily delivery is 4:00pm on the requested day of delivery, and the cut-off time for ordering an urgent delivery is 4.30pm. If you are unavailable to sign for a delivery it may be taken back to the delivery depot or post office for collection by you. It is your responsibility to be available for delivery of your Item or collection of your Item when you have been unavailable. Your rental period commences from the time the courier attempted first delivery and credits will not be issued for late delivery where you have not been available to accept delivery, unless agreed otherwise in writing.

Once delivery has been made to your nominated address you bear all responsibility for the Item. If you have opted to have your Item delivered to your work address or mailroom, responsibility is passed to you as soon as the mailroom has signed for the Item. A secure shipping address is highly recommended when placing your order. In the event that an unsecure shipping address is provided Dressedup does not accept any responsibility for the Item left unattended. If you are unavailable to receive the Item Dressedup will not be held responsible for additional shipping delays or additional shipping charges passed on by the delivery service.

Dressedup delivery is facilitated by Australia Post (see Australia Post’s Terms and Conditions). In case of delay not due to Dressedup’s fault, which constitutes a major force or impossibility of execution, we are not liable. A credit will be given to compensate for the inconvenience.

Dry Cleaning

We dry clean and inspect all Items with the upmost of care prior to delivery. However, use of an Item is at your own risk and Dressedup shall not be held liable for any health-related complaints associated with an Item rented from our site. Our Items may have been worn by other consumers prior to your rental. Furthermore, customers agree not to attempt to clean the dress, if the customer attempts to clean the dress and it results in permanent damage, additional costs may incur.

Return Packaging

With delivery of your Item, pre-paid return packaging is provided. Please ensure that you place your rental Item inside the self-addressed envelope and return the envelope to Australia post no later than 4pm on the last day of your rental. The return envelope must be submitted at any Australia post counter and not left in any Australia post bin, to ensure the Item is properly tracked. Dressedup will not take responsibility for lost articles mailed in Australia post boxes and not over the counter. If you lose your return packaging it is your responsibility to return the garment via trackable express post to Dressedup. You must provide tracking details to customerservice@dressedup.com.au in order to avoid further borrowing charges.

Using Dressed Up Items

You agree to treat our Items like you would your own, or your best friends. You agree to treat the garment with the upmost of care. You will not attempt to fit into a dress that is too small for you, you will not try and zip up a dress that is too tight and therefore damage the zip or Item in any other way. You are responsible for any damage to the dress including material burns, major stains, theft or loss.

Normal wear and tear are considered such as minor stains which are able be removable with in dry cleaning, small seam rips, missing beads and sequins, stuck zippers, at Dressedup’s discretion. These minor damages will not be charged according to Dressed Up’s discretion. We may choose to take care of the process at our discretion as well.

If you return an Item and it is damaged beyond normal wear and tear then you agree that we shall charge you, and you will pay, for the price of repairing the Item or if the Item is unable to be repaired you agree to pay up to the full retail value of the dress (as listed on our Website). This price will be at the Discretion of Dressedup.

If an Item is lost or stolen during your Rental period, you agree to immediately report it to customerservice@dressedup.com.au . You agree for us to charge you, and you will pay, for the full retail value of the dress as indicated on our Website.

Return of Items of Time

You agree to return your Item by the order return date (or next business day) by 4pm using the prepaid return envelope provided. You agree to return your Item to an Australia post counter and not into an Australia post box. If you return your Item late you will incur a fifty dollar ($50.00) late fee for every day you are late up to 200% off the retail value of the dress as indicated on our Website. Dressedup will use the payment method you have provided to charge any late fees. You agree to pay these late fees up to an amount not exceeding 200% of the retail value of the Items. The late fee is payable for each Item that is on the order and included back up styles or sizes. Late fee is payable regardless of whether a customer is on a membership or has used a credit for their order.

If you have not returned your Item within 20 days of the return date your Item will be considered a non-return and Dressedup will charge your payment card the maximum late fee as set out above.

If you lose your return delivery bag it is your responsibility to return the Item to Dressedup within 1 business day of return date. You must purchase return shipping at your own expense and provide the tracking number to Dressedup by emailing customerservice@dressedup.com.au . Dressedup will not be held liable for Items which are late or not received by us to your chosen method of shipping.

Collection

If you do not pay the amounts owed to us when due, we will pass on any outstanding invoice for collection to pursue the outstanding invoices and you agree to pay, in addition to the outstanding invoice, without limitation any legal any collection fees, we incur and interest will accrue on the outstanding invoice from the date of invoice at the rate of 4% per annum above the Reserve Bank Rate. Dressedup reserves the right to take all steps necessary to collect amounts due to you, including but not limited to legal action and/or using third party collection agencies.

Dressedup reserves the right to terminate your right to rent Items from us at any time at our own discretion for breach of this agreement or for any other reason.

Copyright © Dressedup 2020. All rights reserved.

Last updated: 1 April 2020

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