Hire Terms & Conditions

 

By hiring from The Dress Nook, trading as The Dress Nook, you are accepting and consenting to the practices in these terms of use. The Dress Nook reserves the right to change these Terms from time to time at its sole discretion. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Australian Consumer Law.

 

1. Definitions

1a) “The Dress Nook” (“we”, “our”, “us”) means The Dress Nook trading as The Dress Nook (ABN 55138215734) or any person acting on behalf of and with the authority of The Dress Nook.

1b) “Client” (“renter“, “customer”, “you” or “your”) means the Client or any person acting on behalf of and with the authority of the Client and/or the ‘cardholder’. The ‘cardholder’ (being the person that either books the Garment or pays for the Garment) is incorporated into the definition of the Client (and is considered as the Client in addition to the person that wears the Garment) regardless of whether they are wearing the Garment.

1c) “Garment” means all Garments supplied on hire by The Dress Nook to the Client in accordance with these Terms.

1d) “Event Date” means the date that the Client provides to The Dress Nook for when they plan to wear the Garment.

1e) “Hire Period” means the period that the Client books the Garment for spanning from the scheduled pickup date (or the delivery date for hires being delivered by post) to the scheduled return due date (whether in person or by post).

1f) “Hire Fee” means the cost of the hire of the Garment inclusive of GST. This is separate from the “Bond” or any other additional charges (i.e. freight charges).

 

 

2. Acceptance (general and minors)

2a) The following circumstances constitute your acceptance of these Terms:

• your signature (whether electronic or actual); or
• your confirmation (whether electronic or actual); or
• your conduct (either express or implied); or
• your payment (if making payment at an in person try on appointment); or
• any instructions received by The Dress Nook from the Client which a reasonable person would believe constitutes acceptance of these Terms.

2b) Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments in connection with Hire Fees due and owing to The Dress Nook.

2c) Upon acceptance of these Terms by the Client, the Terms are binding and irrevocable and can only be amended with the written consent of The Dress Nook.

2d) If you are 13 or older but under the age of 18, you represent and warrant in favour of The Dress Nook that you have reviewed these Terms with your parent or legal guardian and that you and your parent or legal guardian understand these Terms. The Dress Nook will assume that this is the case and provide access to its services on this basis.

 

3. Bond

3a) A bond is payable by the Client at the beginning of the Hire Period which shall be released upon return of the Garment/s by the scheduled return date and time, as per The Dress Nook instructions and in a condition acceptable to The Dress Nook at the sole discretion of The Dress Nook.

The bond is a separate transaction to the Hire fee.

3b) If the bond cannot be successfully charged by The Dress Nook when due, the hire may not proceed and the Hire Fee is not redeemable by the client.

3c) The Bond varies, dependent on the RRP of the garment. All bonds are listed on each individual product listing, in the description. 

 

4. Freight / Express Post 

4a) For all hires that opt in for postage, a $14 freight charge per direction (to and/or from the Client) is payable by the Client at the time that the booking is made. 

4b) The $14 freight charge is generally applicable to most garments that fit in a small box/small satchel, however if a garment is quite large and requires a bigger box/satchel, the Client will be notified in person or via email of any additional shipping charges. 

4c) Upon dispatch of the garment, the client will be emailed the Australia Post tracking information.

4d) The Client will not take steps to void the “signature on delivery” requirement for their parcel, for example by acceptance of the “leave in a safe place” option on the online tracking link. If the Client breaches this term the Client takes full responsibility for any loss of garment/s.

4e) The Dress Nook is not liable for any delays when delivering the dress to the hiring client, caused by Australia Post, that exceed the 1-2 day express post guarantee. In the event of your item being delayed/lost in transit, we will offer a replacement dress where possible (If Melbourne based) or a store credit. The store credit excludes any freight charges. Strictly no refunds. 

 

Postal Returns

4f) If The Dress Nook has agreed for the Client to return the hired Garment via Australia Post, the Client may ONLY use the pre-paid return satchel which is provided by The Dress Nook and the Client must post the satchel, over the counter, INSIDE any Australia Post Office store, BEFORE 3PM on the first business day following the Event Date.

No Garments are to be posted in an Australia Post Box or any way other than described above.

Australia Post will provide the Client a lodgement receipt for evidence of lodgement. A photo of this receipt MUST be sent to The Dress Nook, as proof of lodgement. 

 

5. Hire Period and Late Fees

5a) Where the Garment has not been returned to The Dress Nook by the agreed method and/or by the Hire Return Due Date then The Dress Nook shall be entitled to charge additional fees.

For all garments hired during the week, they must be returned the following business day after your event, being before 7pm (in person returns), or posted before 3pm. 

For all garments hired over the weekend, they must be returned before 7pm the following Monday (in person returns), or posted before 3pm. 

Postal returns must be lodged over the counter at an Australia Post store before 3pm. Strictly not at a street postal box. 

The Client authorises The Dress Nook to deduct such additional Hire Fees from the Client’s bond/credit card previously provided by the Client during the hire process.

For each day a garment is returned late, posted after 3pm the same day, or posted the following day, 50% of the Hire Fee will be charged for each day overdue. 

 

5b) If the Client has not returned the rental item(s) within 15 days after the return date The Dress Nook will consider the hire item(s) as non-returned and will charge the Client’s credit card 200% of the retail value, as determined by The Dress Nook at its sole discretion, minus any late fees and Bond that the Client has already paid.

 

6. Cleaning / Alteration

The Dress Nook takes care of the dry cleaning of Garments between hires. The Client agrees that they will not attempt to wash, clean, press, alter or repair the garment.

• If a garment has been washed by the Client, the Client will be held liable for any damage that occurs after the dress has been dry cleaned. 
• If a garment is returned damaged or dirty in any way, The Dress Nook has the right to deduct extra cleaning and alteration charges from the client’s bond, where necessary.
• The hiring client will be held accountable for any losses that The Dress Nook incurs due to the dirty/damaged garment, including but not limited to transportation costs and potential cancelled hires that affect future clients. 

 

7. Title To Hired Garment/ Risk

7a) The Garment is and will at all times remain the absolute property of The Dress Nook nonetheless all risk for the Garment passes to the Client on pickup/delivery and the Client accepts full responsibility for the safekeeping of the Garment.

7b) If during the Hire Period the Garment gets lost, stolen or damaged beyond repair then the Client will be liable to pay for replacement of the item. In assessing the replacement value, The Dress Nook will take into account the demand of that garment in the market, the availability to purchase that garment in the market and the condition of the garment. The amount due by the payee for the lost/stolen/damaged garment will be due on top of the initial hire price. 

 

8. Defects/Damage to a Garment 

8a) The Client shall inspect the Garment on collection (or for Garments delivered to the Client, within 6 hours of electronic receipt of the delivery via Australia Post tracking and notify of any alleged defect, shortage in quantity, damage or failure to comply with what was ordered. 

8b) The Client acknowledges that the Garments which they are hiring from The Dress Nook may not be in their original condition and therefore may be subject to fair wear and tear (determined by The Dress Nook in its sole discretion).

 

9. Changes / Cancellations of a hire by the client:

9a) The Dress Nook strictly do not provide refunds - only store credits. 

9b) For a Client to amend or cancel a booking they must contact The Dress Nook in writing via Instagram DM or email. 

9c) The Dress Nook will only issue a hire-credit in the following circumstances:

• The Client provides notice of cancellation to The Dress Nook in writing, AT LEAST 14 days before the scheduled Event date.

9d) Hires that are placed within this 14 day timeframe, strictly CANNOT be cancelled or amended. No store credit will be issued within this 14 day timeframe due to change of mind or incorrect sizing.

Once you have received the garment, there are absolutely NO store credits due to change of mind/incorrect sizing. You hire at your own risk. 

 

10.  Hire Credits

10a) A hire-credit issued by The Dress Nook may be used within 3 months from the date of the cancellation request. That hire-credit will expire (if not used) at the end of that 3 month period.

10b) The hire-credit can not be split over multiple transactions and is strictly for use on one other future hire. 

If the Client chooses a garment with a different Hire Fee and the Hire Fee of the newly chosen Garment is less than the hire-credit then the Client forfeits the difference in Hire Fees.

If the Client chooses a garment with a different Hire Fee and the Hire Fee of the newly chosen Garment is more than the hire-credit then the difference in hire fees is due by the client.

10c) A hire-credit may not be used on anything other than a future hire-fee (i.e. not on retail sales, bond charges or shipping charges).

10d) Once a new hire is placed using a hire-credit, it is final and cannot be swapped/amended or cancelled for another hire-credit.

10e) A Hire Credit is non-transferrable to any new or existing Client of The Dress Nook and will remain under the original Client’s name.

 

11. Client’s Responsibilities

The Client shall:

• Immediately notify The Dress Nook of any damage to the Garment that occurs during the Hire Period.
• Not alter or interfere with the garment (including cutting off hanging ribbon or amending the length of garment – temporary or otherwise).
• Not attempt to wash, clean, alter or press the garment. 
• Not apply self-tan within 48 hours before wearing the Garment (if a light coloured Garment).
• Not apply strong perfumes directly to the garment. 
• Keep the Garment in their own possession and control during the Hire Period
• Remove any fashion tape prior to returning a garment.
• Provide a proof of lodgement receipt if returning via post. 

 

12. Cancellation by The Dress Nook

The Dress Nook may cancel these Terms or cancel the hire of a Garment at any time before the Hire period by giving verbal or written notice. On giving such notice The Dress Nook shall repay to the Client any sums paid in respect of the Hire Fee. The Dress Nook shall not be liable for any other loss or damage howsoever arising from such cancellation.

 

13. Try On Appointments

13a) Try On Appointments can be booked here. 

13b) The $15 Try On Appointment fee is redeemable towards a hire, if the hire is booked within 24 hours from the Try On Appointment. 

13c) All Try On Appointments are strictly 30 minutes. If you would like a longer time slot, you are welcome to book in 2 Try On Appointments, to give yourself up to 1 hour to Try On. 

13d) No guests are to be brought with you to your Try On Appointment, as we operate from a family home, not a traditional shop front. Guests that show up at the door will be kindly asked to remain in the car. You are more than welcome to Facetime friends/family, whilst you are at your Try On! 

If you are a minor/under 18, you a permitted to bring with you 1 parent/guardian to your appointment. You must notify us via email, of this PRIOR to your Try On appointment. 

13e) By booking a Try On Appointment, we cannot guarantee that all garments will be available to Try On, as they may be out for hire, being dry cleaned, or in transit via a postal return. 

Please contact The Dress Nook if you are wanting to Try On a particular garment, so we can advise when it will be available in our Try On space to Try On. 

13f) If the Client wishes to reschedule their Try On Appointment, at least 24 hours notice prior to your appointment must be provided. Anything within this 24 hour window will not be refunded or rescheduled, and you will be required to book a new appointment. 

 

14. Default and Consequences of Default

14a) If the Client owes The Dress Nook any money the Client shall indemnify The Dress Nook from and against all costs and disbursements incurred by The Dress Nook in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, The Dress Nook’s collection agency costs or associated administration charges, and bank dishonour fees).

14b) Without prejudice to any other remedies The Dress Nook may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these Terms The Dress Nook may repossess the Garment or suspend or terminate the supply of Garment to the Client and any of its other obligations under the Terms. The Dress Nook will not be liable to the Client for any loss or damage the Client suffers because The Dress Nook has exercised its rights under this clause.

 

15. Security and Charge

15a) In consideration of The Dress Nook agreeing to supply a Garment, the Client 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 Client either now or in the future, to secure the performance by the Client of its obligations under these Terms (including, but not limited to, the payment of any money).

15b) The Client indemnifies The Dress Nook from and against all The Dress Nook’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising The Dress Nook’s rights under this clause.

15c) The Client irrevocably appoints The Dress Nook and each director of The Dress Nook as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Client’s behalf.

 

16. Warranties and disclaimers

16a) To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our services under these Terms or in regards to the Content.

16b) We reserve the right to restrict, suspend or terminate without notice your access to our services under these Terms or any Content at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

 

17. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense irrespective of the manner in which it occurs – which may be suffered due to your use of our services and/or the information or materials connected with our services under these Terms.

 

18. Jurisdiction and governing law

18a) These Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.