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).
Legally Binding Contract
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.
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.
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.
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:
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.
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.
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 firstname.lastname@example.org 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 email@example.com 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.
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.
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.
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.
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 firstname.lastname@example.org 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 email@example.com . 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 firstname.lastname@example.org . Dressedup will not be held liable for Items which are late or not received by us to your chosen method of shipping.
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.
Sales Terms and Conditions
Welcome to dressedup.com.au, a website owned and operated by Dressed Up Pty Ltd ABN 72 129 978 445 (“Dressedup”).
Acknowledgment & Acceptance
By using the website https://www.dressedup.com.au (“Website”), you agree to be bound by these Terms and Conditions, which form a legally binding contract between you and Australia Fashion & Media Pty Ltd, ABN 99 601 124 225t/as DRESSEDUP (“DRESSEDUP”, “we”, “us” and “our”) and its successors and assignees.
Your purchase from the Website indicates that you have had sufficient opportunity to access the Terms and contact us with any questions, that you have read, accepted and will comply with the Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order products or services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms and Conditions, please do not use our Website.
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.
Use of this Website
You must only use this Website for lawful purposes and agree not to use it in a way that violates our rights or the rights of any third party. You recognise and agree that the content contained within this Website is only intended for your own personal, non-commercial use and that you may only download, print or use content for this purpose. You must not copy, reproduce, modify, distribute, imitate, publish, commercially exploit or link to or deep-link into this Website without our prior express written consent.
When placing information on our Website, we will take reasonable care in ensuring that all details, prices, product images and descriptions displayed are correct at the time. While we have made every attempt to show textures, appearances and colours of our products as accurately as possible, what you see will vary to the delivered product depending on your monitor and computer equipment. We cannot guarantee that the product images on our Website are an exact representation of the actual products you receive. If you’re unhappy with your delivered product, please review our Returns Policy.
First Time Orders
First time customers will require verification of their identification. Due to an increasing amount of credit card fraud, complete this verification as a safe guard for both you and us. To enable us to complete your Purchase, we may require that you supply us with the following information:
a copy of your photographic driver’s licence verifying your identity and billing address, and;
• if the billing address differs from the address specified on your licence, proof of address will be required in the form of a bank statement or other relevant documentation.
We reserve the right to accept or reject an order for any reason, including due to unavailability of product, an error in the price, image or the product description, error in your order or inability to adequately verify the purchaser details. We also reserve the right to terminate your DRESSEDUP account for any reason, or request photo ID (or any other such documentation we deem appropriate) from you for verification purposes before we allow your order to be processed. A binding agreement will form between us once we confirm that we have accepted your order.
All orders are made subject to availability. We will use our best endeavours to ensure that products ordered are available for delivery, and in most cases will notify you when a product is unavailable soon after you have completed your order. In some cases, immediate notification is not possible, and we may need to reject an order where later establish that it is unavailable for delivery. Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order.
If your order is cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. We cannot provide rain checks for products ordered online, and reserve the right to limit the sale of products to reasonable or normal household quantities.
Variation of Products & Price
You agree to pay the purchase price for the products as specified on the Website from time to time plus any applicable delivery charges. We may vary the prices on this Website at any time, and prices are subject to change until you have paid for the products in full.
If and when applicable, GST payable on our goods and services will be set out on our invoices. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed on these charges.
All prices are quoted in, and orders are calculated, in Australian Dollars ($AUD). You must pay for your products purchased on this Website at the time of placing an order.
We only accept payment by MasterCard, American Express, and Visa We reserve the right to vary our accepted payment methods at any time without notice. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
We will always act to protect the details of your payment and purchase however in the absence of gross negligence, we will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorised access to data that you have provided to us when ordering from our Website.
Title in the products will not pass to you until the later of delivery or until your payment has been processed or otherwise received by us. If your payment is declined or reversed for any reason, we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
We remain the owner of all of the goods covered by an order until you have paid the full price for those goods plus any associated charges. Receipt by Dressedup of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.. . It is further agreed that until ownership of the Goods passes to you in accordance with the Hire terms and conditions that:
(1) You are only a bailee of the Items and must return the Items to us on request.
(2) You hold the benefit of the User’s insurance of the Items on trust for Dressedup and must pay to Dressedup the proceeds of any insurance in the event of the Items being lost, damaged or destroyed.
(3) You must not sell, dispose, or otherwise part with possession of the Items. If you sell, dispose or part with possession of the Apparel then you must hold the proceeds of any such act on trust for Dressedup and must pay or deliver the proceeds to Dressedup on demand.
(4) You irrevocably authorise us to enter any premises where we believe the Items are kept and recover possession of the Items.
(5) We may commence proceedings to recover the Price of the Items sold notwithstanding that ownership of the Items has not passed to the User.
Please refer to our Shipping Policy (https://www.dressedup.com.au/shipping/)
Cancelling an Order
Once your order has been placed you cannot cancel the order. At your request, we are unable to cancel an order or stop an order from being dispatched. If you have incorrectly placed an order, please refer to our Returns Policy.
Copyright, Trade Marks & Ownership of Rights
The copyright, trademarks and other intellectual property rights contained within this Website, business, products and branding are owned by or licensed to us and are protected by Australian and international laws. Unless prior written permission from us has been is obtained, the use or misuse of any copyright, trademarks or intellectual property is forbidden. Intellectual Property includes but is not limited to:
all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trademarks), patents, designs, copyright, imagery, any corresponding property rights under the laws of any jurisdiction;
all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
all work product developed in whole or in part by us.
Limitation of Liability
To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to our products and services, this Website and this agreement, including but not limited to:
implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms or which cannot be excluded by law;
the quality or fitness for purpose of our goods and services;
the Website or the products being unavailable; and
any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Website, inability to access or use the Website, the products, the services, the late supply of products, or the Terms, even if we were expressly advised of the likelihood of such loss or damage.
To the maximum extent permitted under law, where our liability cannot be excluded, our total liability arising out of or in connection with the products, the services or the Terms and this Website and its content, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise.
Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
You must inspect the Items on delivery and must within seven (24) hours of delivery notify us in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. You must notify any other alleged defect in the Items as soon as reasonably possible after any such defect becomes evident. Upon such notification you must allow Dressedup to inspect the Items.
Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
We make no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Item. Dressedup’s liability in respect of these warranties is limited to the fullest extent permitted by law.
If we are required to replace the Item under this clause or the CCA, but is unable to do so, we may refund any money you have paid for the Item.
Returns will only be accepted provided that:
(1) You have complied with the provisions of the Ownership clause; and
(2) We have agreed that the Items are defective; and
(3) the Items are returned within a reasonable time at your cost (if that cost is not significant); and
(4) the Items are returned in as close a condition to that in which they were delivered as is possible.
Notwithstanding Ownership clauses but subject to the CCA, we shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(1) the user failing to properly maintain or store any Item;
(2) the user continuing the use of any Apparel after any defect became apparent or should have become apparent to a reasonably prudent user;
(3) fair wear and tear, any accident, or act of God.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.
The information contained on this Website is provided by us in good faith. To the best of our knowledge, the information is accurate and current. However, we and our directors, officers, employees, consultants or agents do not make any representation or warranty as to the reliability, accuracy or completeness of the information. Promotional codes can only be used once per customer. We reserve the right to cancel any order in which it appears that multiple accounts have been set up for the same customer.
Damage to Computers or other Devices
We take reasonable steps to ensure that our Website is free from viruses or other malicious or dangerous content, however we cannot guarantee that use of this Website will not cause damage to your computer or other devices. We will not be liable for any loss or damage caused by any such content that may infect your computer due to the use of this Website or any Website linked to it. It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this Website safely. You must not misuse this Website by introducing technologically harmful material, including but not limited to, malware, viruses and trojans or by attempting or actually breaching the Website’s security mechanisms.
Third Party Websites
This Website may contain links to third party Websites. We are not responsible for the condition or content of those Websites as they are not under our control. You access those Websites and/or use the Website’s products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by us of the Websites or the products or services provided on the Website. We will not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on an external Website. Any concerns regarding an external link, should be directed to its responsible Website administrator or webmaster.
Under no circumstance will we deliberately send you an electronic message without your consent. If you receive an unsolicited email from us, please let us know.
Promotions & Offers
Please note that unless specifically mentioned, no promotions or offers may be used in conjunction with any other promotion or offer and cannot be used to purchase Gift Cards. We reserve the right to cancel and refund any order placed online where a customer has used one or more promotion or offer to place an order. We may run competitions and promotions throughout the year. Competitions and promotions may have their own separate terms and conditions which will apply in addition to these Terms. Please carefully read those terms and conditions before entering or participating in a competition or promotion. If a competition or a promotion does not have its own specific terms, these general Terms will apply.
Password & Account Security
It is your responsibility in maintaining the confidentiality of your password and account and all activities that take place under your password or account. If you will be using a shared computer, ensure that you logout of your account at the end of each session. If you believe that there has been a security breach or misuse of your password or account, please let us know immediately. We will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause.
These Terms may be amended from time to time with notice, and we reserve the right to amend these Terms at our sole discretion, without prior notice and without incurring any liability to you. Your use of this Website following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check these Terms prior to each use of the Website.
We will not accept responsibility if this Website is unavailable to you as a result of computer downtime, malfunction or other factor/s beyond our control.
Gift cards cannot be purchased with promotional codes. Gift cards cannot be refunded or returned, unless required by law. They will also not be exchanged for another denomination or tender such as cash. Please note that we are not responsible for and are unable to replace gift cards which are lost or stolen.
Correction of Errors
Occasionally there may be content on this Website that contains typographical errors, inaccuracies or oversights relating to a product description, product image, price, promotion, special offer or availability. In this circumstance, we reserve the right to amend any typographical errors, inaccuracies or oversights and to correct or update content or cancel orders at any time without prior notice. Please note that this also applies to orders that have been submitted. If you believe that there is a typographical error, inaccuracy or oversights on this Website please contact us by email at email@example.com
We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.
Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
If you breach these Terms and Conditions, we reserve the right to immediately suspend, terminate or limit your access to this Website. A notice as outlined above will be sent to you.
You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.
If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
The laws of New South Wales govern these Terms. We make no representations that the content of this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.
These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
If you have any comments or concerns, we welcome your feedback and suggestions. Please address feedback by email to firstname.lastname@example.org
Copyright © Dressedup 2020. All rights reserved.
Last updated: 1 April 2020