Terms & Conditions
Last Updated: January 2019
This website (https://designerclosethire.com.au/) and any services provided by Designer Closet Hire Australia are governed by the terms and conditions set out below. When you place an Order for the rental of a Garment via this website, you are entering into a legally binding Rental Agreement and agree to be bound by these terms and conditions.
- a) DCH
(“us”, “we”, “our”) means Designer Closet Hire ABN # 41229539369, its successors and assignees and any person acting for or on behalf of DCH and with the authority of DCH.
- b) Client
(“you”, “your”) means the person or any person acting for or on that person’s behalf that enters into a rental agreement with DCH.
- c) Garment
Means any and all clothing apparel and accessories supplied on hire by DCH to the Client.
- d) Order
Means an order for the hire of a Garment from DCH for the nominated Rental Period.
- e) Rental Price
Means the cost of hiring a Garment from DCA as published on this website at the time of hiring the Garment and includes GST.
- f) Rental Period
Means the four (4) or eight (8) day period (as selected by the Client) that the Garment is on hire to the Client commencing on the Delivery Date and concluding on the Rental Return Date.
- g) Delivery Date
Means the date selected by the Client for the Garment to be delivered to the Client.
- h) Delivery Fee
Means the fee charged by DCH for the delivery of the Garment to the Client & back.
- i) Rental Return Date
Means the final date by which the Garment is to be posted or couriered (as the case may be) back to DCH.
- j) Non-Returned Garment Fee
Means the fee payable by the Client for the non-return of a Garment.
2. Renting From DCH
At all times, DCH retains sole ownership of all Garments featured on this website. The Garments supplied by DCH to you are supplied on hire only and you acknowledge that you acquire no rights of ownership in respect of the Garments.
A live online calendar is provided on this website which shows the availability of all Garments. You can select to hire the Garments for a period of four (4) days or eight (8) days. You will also be required to nominate the date you wish to receive the Garment.
When you place an Order for a Garment you will receive an acknowledgement e-mail confirming receipt of your Order, details of the Garment/s ordered, the Rental Price, the nominated Delivery Date and the Rental Return Date.
An Order for the hire of a Garment placed via this website entitles you to exclusive use of the Garment/s during the Rental Period.
If the Garment becomes unavailable (due to damage or late return by another Client), we will notify you as soon as reasonably possible. You will be entitled to choose an alternate Garment, a credit or a full refund of the Rental Price.
The Rental Price is calculated according to the Rental Period selected by the Client and includes GST.
Payment of the Rental Price is by credit card only (Visa, Mastercard, Shopify Payments) and must be made at the time an Order is placed. DCH is unable to process any Orders until such payment has been made.
DCH offers Australia-wide delivery. Delivery may be by way of courier, registered delivery by Australia Post or other delivery method depending on your location and the value and type of Garment.
DCH charge a flat rate of $19.95 irrespective of the delivery method used to have the garment delivered to you. Local pick up from DCH premises can be arranged by prior appointment. Same Day Delivery can be arranged for an additional negotiated fee.
Delivery of Garments can be made to a street address and may require a signature on receipt.
Delivery of Garments will be made on weekdays up until 6.00pm. DCH does not deliver on weekends or public holidays unless a courier has been specifically arranged for you.
The Rental Period commences from the Delivery Date you have selected. It is your responsibility to be available for delivery of the Garment or collection of the Garment where delivery to you was not able to be effected. Where delivery is not able to be effected (i.e, because no one is available to sign for receipt of the Garment), the Garment may be taken back to the courier depot, post office or returned to DCH for collection by you.
5. Errors In Sizing
Given that each Garment is individually designed and cut, we cannot guarantee that a particular sized Garment will fit you properly. We recommend going into a store that stocks the exact garment for sale to try the item in which you are hoping to hire.
If a Garment does not fit you, you are entitled to return the unworn Garment to DCH within 24 hours of receiving it. You must notify DCH by email as soon as practicable after receiving the Garment that the Garment does not fit you. If possible, DCH will send you an alternately sized Garment however you will be responsible for the shipping cost incurred.
Where DCH is unable to provide you with an alternately sized Garment, DCH will provide you with a credit of the Rental Price less the shipping cost. This will be valid for 90 days from the initial date the previous order was meant to commence.
If you cancel your Order 30 days or more prior to the Delivery Date, DCH will refund you 100% of the Rental Price.
If you cancel your Order less than 30 days of the expected hire date, the Rental Price will be given to you in a credit form which is valid for (3) months from the date of purchase. We are unable to provide a refund.
7. Returning Rented Garments
Garments hired by you are to be posted or couriered (as the case may be) to DCH by the Rental Return Date (or where the Rental Return Date falls on a weekend or public holiday, on the next business day).
At DCH’s sole discretion, we may arrange for a courier to collect the Garment from you at the conclusion of the Rental Period. Where we have arranged for a courier to collect the Garment, it is your responsibility to ensure the Garment is available for collection as arranged to avoid any additional fees.
For Garments that are to be returned via Australia Post, DCH will provide you with a prepaid return satchel for the return of the Garment.
DCH highly recommends that you post the return satchel at an Australia Post outlet to enable the satchel to be scanned and assigned a tracking number. For Garments returned at an Australia Post outlet, we will accept responsibility for the Garment once it has been scanned.
We will not accept responsibility for Garments that are posted via an Australia Post mail box and are subsequently lost in transit. If a Garment is not scanned on return and is lost by Australia Post then you accept responsibility for this loss and will be required to pay the full retail value of the Garment as indicated on this website less the rental fee already paid.
If you lose the prepaid return satchel provided to you by DCH, it is your responsibility to arrange for the Garment to be returned to DCH by trackable express post, in which case you must provide the tracking details to DCH by phone or email.
Garments that are returned after the Rental Return Date will incur additional fees of $50.00 per day for every day you are late in returning the Garment, up to 100% of the retail value of the Garment as indicated on this website.
You expressly authorise DCH to charge any additional fees owing to the late return of a Garment to the credit card provided by you at the time of payment.
8. Non Returned Garments
Garments that are not returned to DCH within 14 days of the Rental Return Date are deemed to be non-returned Garments and you will be liable to pay DCH the Non-Returned Garment Fee calculated at 200% of the retail value of the Garment as indicated on this website less any late fees already charged as set out above.
You agree and acknowledge that once a Garment is deemed a non-returned Garment you become a debtor of DCH. Further, you expressly authorise DCH to charge the Non-Returned Garment Fee to the credit card provided by you at the time of payment.
In the event that DCH is unable to charge the Non-Returned Garment Fee to the credit card provided by you at the time of payment DCH will enforce its legal right of recovery against you by engaging a collection agent or solicitor and you will be liable to pay any fees incurred by DCH in enforcing its legal right of recovery against you.
9. Damage To Garments
You are responsible for the care of any Garment supplied to you on hire under this Rental Agreement and agree to treat any Garment supplied to you on hire as if it was your own.
You will not attempt to fit into a Garment that is too small for you, including by stretching the garment or by attempting to zip up a Garment that is too tight.
You are responsible for the cost of any repairs for damage caused to the garment.
Upon return of a rented Garment to DCH, we will inspect the Garment and notify you within 48 hours of any damage or defects identified by us during our inspection that are beyond normal wear and tear and for which you are liable. Where the Garment is able to be repaired, you expressly authorise DCH to charge the repair costs in to the credit card provided by you at the time of payment.
Where a Garment has been damaged beyond repair, you will be liable to indemnify us for the full retail value of the Garment as indicated on this website. In such circumstances, you expressly authorise DCH to the full retail value of the Garment as indicated on this website to the credit card provided by you at the time of payment.
In the event that DCH is unable to charge the full retail value of the Garment as indicated on this website to the credit card provided by you at the time of payment, DCH will enforce its legal right of recovery against you by engaging a collection agent or solicitor and you will be liable to pay any fees incurred by DCH in enforcing its legal right of recovery against you.
If the Garment supplied to you does not accord with your Order or if it is alleged that the Garment is defective, damaged, stained or scented you must notify us within two (2) hours after receipt of the Garment. Where we are satisfied that a Garment is defective or damaged, we may, at our sole discretion, arrange for the Garment to be returned at our cost and provide you with a credit or refund of the Rental Price, provided that the Garment has not been worn by you, and provided that the defect or damage was not caused by you or whilst in your custody or care.
We are solely responsible for the cleaning or laundering of all Garments once they have been returned to us.
We specifically instruct you not to dry clean or launder any Garments on hire to you. If you do dry clean or launder any Garments on hire to you and in doing so, the Garments are damaged, you will be responsible for the cost of repairing the Garments in accordance with the terms and conditions set out above.
11.1 Acceptance of risk
The Garments supplied to you under this Rental Agreement may have been worn previously. Where a Garment has been worn previously, we will dry clean and inspect the Garment with utmost care, however you acknowledge and accept that the use of any Garments supplied to you under this Rental Agreement is at your own risk and DCH shall not be held liable for any health-related complaints associated with a Garment supplied to you under this Rental Agreement.
Despite our reasonable efforts, prices and information on this website may be listed incorrectly. We reserve the right to cancel your Order in the event of an error, notwithstanding that your Order has been confirmed and payment has been debited from your credit card. In such circumstances, we will endeavour to provide you with reasonable notice of your Order having been cancelled, and we will refund any payment you have made to you.
You acknowledge and agree that any photographs or images you upload to our website or otherwise supply to us become the property of DCH. Further, by accepting these terms and conditions, you expressly authorise DCH to use any such photographs or images at our sole discretion, provided that we warrant to you that we will use such photographs or images in a lawful manner.
11.4 Retail Value
The retail value of the Garments listed on this website is an estimate based on the cost of purchasing the Garment new and unworn and takes into account the availability of the Garment in the retail market and the current foreign currency exchange rates. The retail value does not necessarily represent the purchase price paid by DCH.
Copyright in all of the contents of this website (including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to DCH. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in the jurisdiction in which you ordinarily reside, you may not without our express written authority:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website or any information or thing available from this website; or (b) commercialise any information, products or services available or obtained from this website.
11.6 Trade Marks
Except where otherwise specified, any word or device denoted with the ® symbol is a registered trade mark.
If you use any of our trade marks (whether registered or unregistered) in reference to our activities, Garments or services, you must include a statement attributing that trade mark to us.
You must not use any of our trade marks (whether registered or unregistered):
(a) in, or as the whole or part of, your own trade marks;
(b) in any manner that may diminish our rights in the trade marks;
(c) in connection with activities, Garments or services that are not ours;
(d) in a manner that may be confusing, misleading or deceptive; or
(e) in a manner that disparages us or our business, Garments or services.
You agree to indemnify DCH and any related bodies corporate, officers and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by a person acting for or on your behalf.
11.8 Use of this website
You agree to use this website for lawful purposes only. You acknowledge and agree that you will take care to ensure that, by accessing this website, you are not exposed to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. DCH does not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website.
11.9 Security of information
We take all reasonable precautions to provide a secure platform for the transmission of your personal details and to protect your data once transmitted to us. However, we cannot, and do not warrant that the information you have provided is totally secure and you acknowledge and agree that any information that you transmit to us is transmitted at your own risk.