“Label Love Dress Hire” (“we”, “our”, “us” or “LLDH”) means Label Love Dress Hire (ABN 615 934 856 20), its successors and assigns or any person acting on behalf of and with the authority of Label Love Dress Hire (ABN 615 934 856 20).
“Services” means the related services including Label Love Dress Hire fashion rental services and its content (the “Content”).
“Hirer” means (“client”, “customer”, “you” or “your”)
“Apparel” means all Apparel (dresses, sets, tops, bottoms and accessories) supplied on hire by Label Love Dress Hire to the Hirer (and where the context so permits shall include any incidental supply of services). The Apparel shall be as described on any invoices or other documentation provided by Label Love Dress Hire.
“Hire Period” shall refer and include the entire period from the day the Apparel is delivered to the Hirer to the day the Apparel is required to be returned to LLDH
“Rental Price” (“price”) means the cost of the hire of the Apparel as agreed between Label Love Dress Hire and the Hirer.
“Rental Return Due Date” means the date the Apparel is expected to be returned to Label Love Dress Hire. If a return date falls on a weekend or a public holiday, then the return date is to be the next business day.
“Applicable delivery method” shall refer to the method of delivery as determined by LLDH as the case may be.
BETWEEN Label Love Dress Hire ABN 615 934 856 20 (“LLDH”) AND (“The Hirer”)
1. TERMS OF THE AGREEMENT
This Agreement will take effect from the date that the Hirer hires apparel from LLDH or its affiliates third parties associated with LLDH.
2. PURPOSE AND NATURE
The purpose of this Agreement is for hiring apparel from the LLDH. The Hirer is permitted to hire the apparel from LLDH (Subject to this agreement). By entering into this Agreement the Hirer accepts the terms set out herein which makes this agreement binding on all parties.
This Agreement is a HIRING AGREEMENT ONLY and does not give any option(s) to purchase. LLDH remains the sole exclusive owner of the apparel.
Any instructions received by LLDH from the Hirer for the hire of Apparel and/or the Hirer’s acceptance of Apparel supplied on hire by LLDH shall constitute acceptance of the Terms & Conditions of this Agreement.
The Hirer is the only person entitled to the hire of the Apparel and is strictly prohibited from giving the said Apparel to any other person.
Upon acceptance, the terms of this Agreement are irrevocable and can only be amended with the written consent of LLDH.
The Hirer shall give LLDH no less than fourteen (14) days written notice of any proposed change in the Hire’s details (including but not limited to, changes in the Hirer’s residential address, contact number or Payment details). The Hirer shall be liable for any loss incurred by LLDH as a result of the Hirer’s failure to comply with this clause.
Apparel is supplied by LLDH based only on the terms of hire herein to the exclusion of anything to the contrary in the terms of the Hirer’s order notwithstanding that any such order is placed on terms that purport to override the terms of hire.
4. PROVISION OF IDENTIFICATION DOCUMENTS AND CONTACT DETAILS OF THE HIRER
For the purposes of identification, the Hirer agrees to provide LLDH with valid forms of Identification which can include but not be limited to a Driver’s License, Medicare Card, Passport and or any other document as required.
LLDH retains the right to refuse to enter into an agreement with any person whom fails to provide valid forms of Identification satisfactory to LLDH.
The parties agree that any amendment or variation to this Agreement is not effective unless a request in writing is made directly to LLDH. The Hirer agrees that it cannot make an objection or claim for compensation if such request is refused/denied by LLDH.
6. TERMS OF PAYMENT & PRICE
The Price shall be LLDH current Price, at the date of delivery of the Apparel, according to LLDH current Price list as detailed on LLDH website. LLDH reserves the right to change the Price in the event of a variation to the Hirer’s requirements. Payment for any hire may be made via Cash, Credit Card or AfterPay (AfterPay Terms & Conditions Apply).
LLDH may require any or all of the following to occur under this clause:
(a) Payment in full to be made before delivery of the Apparel;
(b) Payment by instalment in accordance with AfterPay (See AfterPay Terms & Conditions);
c. payment be made by any other method agreed to in writing
In the event that an invoice is issued for payment of any hire, then payment shall be due within seven (7) days of the date of the invoice.
Receipt by LLDH 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. GST and 5 other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price. All Prices on the hired apparel is denominated in Australian Dollars ($AUD).
The hirer will be in default and dealt with accordingly under clause 12 of this agreement in the event that the full payment of the hire price for an apparel is not paid or as agreed between the parties.
7. HIRE PERIOD, RETURN AND LATE FEES
Hire period shall commence from the date of postage or any other means of delivery and shall continue until the Apparel is returned to LLDH or Store.
Where Apparel is not returned to the LLDH’s PO Box or its Store by the Rental Return Due Date, then LLDH shall be entitled to charge additional hire fees until the Apparel is returned to LLDH’s PO Box or Store and the Hirer expressly authorises LLDH to deduct such additional hire fees from the Hirer’s credit card which was provided at the time of placement of the Hirer’s order.
Such additional charges shall be charged on a pro rata basis per day including and up to the day the business receives the Apparel.
When counting overdue days, LLDH shall not count either Sundays or Public Holidays when the post office is closed as being part of the overdue period.
If the Hirer has not returned the rental apparel within 2 days after the return date is due, LLDH is entitled to consider the rental apparel as non-returned and will charge the Hirer’s credit card as set out under Clause 12 under this Agreement.
The Hirer may return the rental apparel to the Store on the day the rental return day is due.
Alternatively, the Hirer must ensure that the apparel(s) is posted Over the Counter at their local Australia Post Office the day prior to the rental return due date with the supplied Express Post return satchel in order to ensure that the apparel(s) is returned to LLDH promptly.
8. DELIVERY OF THE APPAREL
Subject to LLDH’s discretion, delivery of any Apparel under this agreement shall be deemed to have taken place when the Apparel is delivered to the Hirer’s nominated delivery address.
LLDH standard delivery method is Courier and/or tracked Australia Post. Please be advised that on this method of delivery, unless the Hirer is present at the time of delivery to acknowledge receipt of the Apparel(s) by signing, Australia Post will not be authorised to deliver the said apparel(s).
Delivery of the Apparel to the hirer shall be deemed to have taken place when the Apparel is delivered to the Client’s nominated delivery address. If no one is present at the time of delivery, Australia Post will follow their ordinary procedures that apply in those circumstances, usually involving the leaving of a card advising the location of the nearby Australia Post facility at which the parcel is available for collection. Collection of the parcel usually requires production to Australia Post of the card, proof of identity (with signature) and address. Agent authorization is necessary when requiring a person other than the Client to collect the parcel. If the Hirer’s location is outside of the Express Post Network, next day delivery will not be guaranteed. LLDH assumes no responsibility in such event.
Same Day Delivery is also available for Hirers in the Sydney Metro area. In the event that the Hirer requests Same Day Delivery, the Hirer will incur additional fees. Same Day Delivery is available 7 days a week.
The Hirer shall make all arrangements necessary to take delivery of the Apparel whenever tendered for delivery. In the event that the Hirer is unable to take delivery of the Apparel at the nominated delivery address and for any reason LLDH is required to redeliver the Apparel then LLDH shall be entitled to charge a reasonable fee for the redelivery.
The Hirer agrees that any delivery time or date given by LLDH to the Hirer is an estimate only.
The Hirer is not entitled to refuse receipt of any apparel on the sole ground that the said apparel has been delayed.
LLDH will not be liable for any loss or damage incurred by the Hirer as a result of any late deliveries.
The Hirer shall inspect the Apparel on delivery and shall within (8) hours of receipt of the Apparel notify LLDH (via email) of any alleged defect, shortage in quantity, damage and or failure to comply with what was ordered.
10. CANCELLATION & REFUND POLICY
If the Hirer wishes to cancel an order, a cancellation request form must be submitted on LLDH website as soon as possible.
No cancellation fees will be applied when cancelling a booking more than 21 days prior to the start of the rental period.
When cancelling within 7 days of your rental period, a 50% cancellation fee will be applied.
When an order is cancelled within 72 hours of the rental start period, no refund shall be provided.
A 50% credit note will be provided if cancellation takes place within 7 days.
Once the apparel has been dispatched from LLDH’s premises, no refund shall be given.
All Apparel which is to be returned because of incorrect sizing or because the Hirer has changed their mind must be sent back to LLDH within twenty-four (24) hours of receiving the apparel (unworn with tags and intact). A refund request must be submitted within 24 hours.
LLDH may cancel these terms or cancel the delivery of Apparel at any time before the Apparel is delivered by giving written notice.
On giving such notice LLDH shall repay to the Hirer any sums paid in respect of the Price. LLDH shall not be liable for any loss or damage howsoever arising from such cancellation.
11. HIRER’S RESPONSIBILITIES
The Hirer shall:
(a) immediately notify LLDH of any damage to the Apparel that occurs during the hire period;
(b) on termination of the hire, deliver the Apparel complete with all accessories, in good order as delivered, fair wear and tear accepted, to LLDH;
(c) keep the Apparel in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Apparel; and
(d) not alter or make any additions to the Apparel or in any other manner interfere with the Apparel.
It is the Hirer’s responsibility to ensure that any apparel in their possession is maintained properly and does not receive any damage. Any apparel that is damaged whilst in possession of the Hirer shall be the fault of the Hirer whether through their act or omission.
12. HIRER’S DEFAULT AND CONSEQUENCES OF DEFAULT
If the Hirer owes LLDH any money the Hirer shall indemnify LLDH from and against all costs and disbursements incurred by LLDH in recovering the debt (including but not limited to internal administration fees and legal costs).
Without limiting any remedies available to LLDH at law or in equity, if at any time the Hirer is in breach of his/her obligation(s) (including those relating to payment) under these Terms & Conditions of hire, LLDH may repossess the Apparel or suspend or terminate the supply of Apparel to the Hirer and any of its other obligations under the terms contained herein. LLDH will not be liable to the Hirer for any loss or damage the Hirer suffers because LLDH has exercised its rights under this clause.
Without limiting any remedies available at law or in equity, LLDH shall be entitled to cancel all or any part of any order of the Hirer which remains unperformed in addition to and without prejudice to any other remedies LLDH may have and all amounts owing to LLDH shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to LLDH becomes overdue, or in LLDH’s opinion the Hirer will be unable to meet its payments as they fall due; or
(b) the Hirer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Hirer.
In the event that the Hirer causes any damage to the apparel beyond what can be reasonably repaired, LLDH shall charge the Hirer’s Credit Card to the tune of any amount LLDH needs to repair or if necessary, to replace the apparel.
13. SECURITY AND CHARGE
In consideration of LLDH agreeing to supply Apparel, the Hirer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Hirer either now or in the future, to secure the performance by the Hirer of its obligations under these terms of this Agreement. The Hirer indemnifies LLDH from and against all LLDH costs and disbursements including legal costs.
14. SUB-HIRE TO THIRDS PARTIES
The Hirer is not permitted to re-hire or lend hired apparel to third parties. Doing so, will constitute a breach of this Agreement.
15. REPRESENTATIONS AND WARRANTIES
LLDH represents and warrants to the Hirer:
LLDH is the owner of the hired apparel and its legal property rights, which gives the right to grant the respective use of such apparel.
The hired apparel and its property rights are valid accordingly to the knowledge of LLDH at the date of hire.
LLDH will inform the Hirer immediately if legal changes affect the hired apparel.
All materials transmitted between the parties and containing proprietary information shall remain the property of the transmitting party and shall be returned upon request.
The transmission of the material containing such proprietary information shall not be construed to grant the receiving party a license of any type under any patents, know-how, copyrights or trademarks owned or controlled by the transmitting party.
The obligations of the parties under this section regarding confidential information shall survive termination, expiration or non-renewal of this Agreement.
17. INTELLECTUAL PROPERTY
The Hirer acknowledges that LLDH’s icon, tagline or any other symbol or imagery representing LLDH and shall remain the intellectual property of LLDH at all times and that the Hirer will not copy, reproduce or use any of LLDH’s trademark for any purpose unless expressly authorised by LLDH.
18. NO PARTNERSHIP OR AGENCY
This Agreement does not constitute any party the agency of one another or imply that the parties intend constituting a partnership, joint venture or other form of association in which any party may be liable for the acts or omissions of another. No party has authority to pledge the credit of the other party.
19. GOVERNING LAW
This Agreement will be interpreted and construed according to, and governed by, the laws of New South Wales and any dispute regarding this agreement shall be examined under this jurisdiction.
20. FURTHER ASSURANCES
The parties agree to provide a minimum of 28 days-notice to each other in the event that the dispute arises before any mediation may begin.
The hirer acknowledges that their agreement may be signed electronically or by hand copy.
22. ENTIRE AGREEMENT
This Agreement embodies the entire understanding and Agreement between the Hirer and LLDH as to the subject matter.
23. SOCIAL MEDIA
For any content that you submit endorsing or bearing LLDH’s apparel, Logo or signage or any information such as data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Service – you grant LLDH a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content in any form, medium or technology throughout the world without compensation to you.
Any content endorsing or bearing LLDH’s apparel, Logo or signage that you submit may be used at LLDH’s sole discretion. We reserve the right to change, condense or delete any content on all platforms specified herein as LLDH deems fit. However, LLDH reserves the right to remove or to refuse to post any submission for any reason.
You acknowledge that you are responsible for the content(s) of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of the LLDH, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
By submitting any content to LLDH, you represent and warrant that:
• you are the sole author and owner of the unit intellectual property rights thereto; and
• All “moral rights” That you may have in such content have been voluntarily waived by you; and
• All content that you post is accurate; and
• Use of the content you supplied does not violate these Terms & Conditions nor is malicious to any person(s).
You further agree and warrant that you shall not submit any content:
• That is known by you to be false, inaccurate or misleading; and
• That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and
• That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); and
• That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; and
• For which you were compensated for granted any consideration by any third party; and
• That includes any information that references other websites, addresses, Email address, contact information or phone numbers; and
• That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold LLDH (and its offices directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable Legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law for the rights of a third party.
LLDH offers limited insurance to accommodate for minor damage to the apparel at a cost of $100 per apparel. Minor damage may be staining or smudges. The assessment of what constitutes minor damage may vary in each case and is a discretionary matter for LLDH. If LLDH determines that the Insurance of $100 is insufficient to rectify any minor damage that has occurred, then the Hirer will be required to pay whatever the difference may be to restore the said apparel to a satisfactory condition.