Terms & Conditions
- “Fashion Confidential” means Fashion Confidential or BGRM Horizons PTY LTD who will be supplying the accessory for the customer to hire.
- “Accessory” means any accessory, handbag, clutch or other item/s supplied on hire by Fashion Confidential to the Customer.
- “Business Day” means a day that is not a Saturday, Sunday or a public holiday
- “Customer or Client” means the individual who accepts these Terms and Conditions. By checking the box labelled “I’ve read and accept the Terms and Conditions” and agreeing to these Terms and Conditions, the Client represents that he or she is 17 years or older and is authorised to use the chosen payment method (including, without limitation, credit cards) for the purpose of hiring the Accessory.
- “Damage” means any damage, degradation (including, without limitation, a tear, stain, discolouration or mechanism malfunction) or discernible harm whatsoever suffered by the Accessory during the hire period.
- “Delivery Date” means the date the Client has requested to receive the Accessory via Australia Post.
- “Dispatch Date” means the date the Accessory is sent by Fashion Confidential to the client via Australia Post.
- “Hire Period” means the duration between the Delivery Date and the Return Date, inclusive of both.
- “Hire Fee” means the cost to hire the Accessory for the Hire Period as identified on Fashion Confidential’s website.
- “Replacement Cost” means the amount identified by Fashion Confidential as the full cost to replace the Accessory.
- “Return Date” means the date in which the Client must lodge return delivery of the Accessory to Fashion Confidential via Australia Post. This must be done over-the-counter at an Australia Post outlet (post boxes are to be strictly not be used). Return lodgement must be done prior to 2.00pm EST (or 11.30am EST on Saturdays) on the Return Date.
Agreement of Hire
- In consideration of the Hire Fee and the Client’s acceptance of these Terms and Conditions, checking the box labelled (“I’ve read and accept the Terms and Conditions”). Fashion Confidential agrees to supply the Accessory selected by the Client for the Hire Period.
- Any instruction or communication received by Fashion Confidential from the Client reasonably indicating the intent to proceed with the hire of an Accessory shall constitute acceptance of the Terms and Conditions. Acceptance shall have the effect of creating binding obligations between Fashion Confidential and the Client in accordance with these Terms and Conditions (“the Agreement”).
Payment of the Hire Fee, Security and Refund of Security
- Upon accepting the Terms and Conditions, the Customer will be directed to make payment, which will in effect process the Agreement of Hire (provided the payment is approved).
- Payment will take in the form of Master Card or Visa.
- Long term hire payments will be processed monthly , 1 month in advance.
- The Customer acknowledges and agrees that the Cancellation Fee is a reasonable estimate made at the time of entering into the Agreement of Hire and that it is the anticipated loss that Fashion Confidential will suffer due to cancellation.
- In the event that there are debts owing for a stolen and/or damaged Accessory, Fashion Confidential will keep the Customer’s Personal Details until all and any Penalty Fees are paid in full whether the account remains registered or has been de-registered
- The Customer acknowledges and agrees that Fashion Confidential can and will use the Customer’s Personal Details if the Customer is in breach of the Agreement of Hire which may include, but is not limited to the following;
- Damage(s) caused to the Accessory;
- Stealing the Accessory;
- Returning the Accessory after the return date; and
- Any cancellations that render a penalty
Delivery & Returns
- The Client agrees that payment of the Hire Fee is due at least one (1) clear business day before the Dispatch Date.
- Delivery and return postage is free of charge.
- Delivery of the Accessory to the Client shall be deemed to have taken place when the Accessory 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.
- Any delivery time or date given by Fashion Confidential to the Client is an estimate only. The Client is deemed to accept delivery of the Accessory even if it is received later than the Delivery Date. Fashion Confidential will not be liable for any loss or damage incurred by the Client as a result of the delivery being late. In specifying the Delivery Date, it is the Client’s responsibility to allow for unforeseen delays which might arise.
- The Client agrees to return the Accessory to Fashion Confidential following these instructions (also specified in the “How it Works” section on Fashion Confidential website):
- Place the Accessory inside its original packaging (dust bag and box) and into the enclosed postage satchel provided then attach the postage sticker.
- Lodge the package over-the-counter at an Australia Post outlet (post boxes are to strictly not be used). Return must be complete prior to 2.00 pm EST (or 11.30 am EST on Saturdays) on the specified Return Date.
- Retain the tracking number on the postage satchel, as well as the receipt issued to the Client by Australia Post upon over-the-counter lodgement.
- If the Accessory has not been received by Australia Post by 2.00 pm EST (or 11.30 am EST on Saturdays) on the Return Date, Fashion Confidential shall be entitled to charge additional Hire Fee until such time as the Accessory is received by Australia Post. Additional Hire Fees for which the Client is liable shall be $20 per day that applies to the hire of the Accessory for each day that the Accessory has not been received after the Return Date (“the Additional Fees”).
- The Client acknowledges and agrees that the Additional Fees are a reasonable estimate made at the time of entering into the Agreement of the anticipated loss that Fashion Confidential will suffer by reason of the late return of the Accessory.
- If, for any reason whatsoever, Australia Post or Fashion Confidential has not received the Accessory by the time that the amount chargeable as Additional Fees is greater than the Replacement Cost, the Client shall then be liable to forfeit to Fashion Confidential. Even if the Accessory does ultimately arrive back to Fashion Confidential, as compensation for the late return of the Accessory, Fashion Confidential shall be entitled to the returned Accessory and all additional charges.
- Fashion Confidential retains ownership of the Accessory during the Hire Period but all risk therein passes to the Client immediately upon delivery until it has been received by Australia Post on the Return Date.
- The Client accepts full responsibility for the safekeeping and return of the Accessory to Fashion Confidential in the same condition as which it was received.
- Where an Accessory has been returned with Damage(s), Fashion Confidential will charge a Penalty Fee and bill the Customer for the costs.
- If the Client notices any damage to the Accessory upon receiving it, the Client should immediately photograph the damage and notify Fashion Confidential prior to using the Accessory. If the Client does not provide photographs of any damage prior to using the Accessory, the Client assumes responsibility for the damage.
- If the Client cancels the Agreement prior to the Accessory being dispatched for delivery and prior to Fashion Confidential parting with possession thereof, the Client shall be entitled to a refund of 50% of the Hire Fee. The remaining 50% of the Hire Fee shall be retained by Fashion Confidential as compensation for the cancellation of the Agreement (“the Cancellation Fee”). The Client acknowledges and agrees that the Cancellation Fee is a reasonable estimate made at the time of entering into the Agreement of the anticipated loss that Fashion Confidential will suffer by reason of the cancellation of the Agreement.
- Fashion Confidential shall be entitled to cancel this Agreement at any time, and is not required to disclose the reason to the Client. If Fashion Confidential chooses to do so and such cancellation occurs through no fault of the Client, Fashion Confidential will refund any sum that has by the time of cancellation been paid by the Client by way of the Hire Fee. Fashion Confidential shall otherwise have no liability to the Client by reason of the cancellation of the Agreement or at all.
The Client must:
- Not hire or loan any Accessory to anyone other than themselves.
- Ensure that all personal information given to Fashion Confidential is true and correct.
- Treat with utmost care and keep the Accessory in his or her own possession and control throughout the Hire Period.
- Not alter, temporarily or permanently, nor make any additions to the Accessory.
- By no later than 2.00pm EST (or 11.30am EST on Saturdays) on the Return Date, lodge return delivery of the Accessory to Fashion Confidential via Australia Post. This must be done over-the-counter at an Australia Post outlet (post boxes are to strictly not be used).
Default and Consequences of Default
- The Client is liable for any costs incurred by Fashion Confidential in protecting its rights under this Agreement or in recovering any sums owed under the Agreement or by reason of any breach thereof, including all legal costs, on a full indemnity basis.
- Fashion Confidential shall be entitled to interest at the rate of 10% per annum on any sum owed under this Agreement or by reason of any breach thereof for the duration that such sum is outstanding.
- By entering into this Agreement, the Client consents to Fashion Confidential obtaining from the Client personal information such as, inter alia, residential address and credit card details, copy of Drivers licence or passport.
- The Client agrees that personal information provided may be used and retained by Fashion Confidential for the following purposes:
- the hire of the Accessory to the Client; and/or
- analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the Accessory hire; and/or
- processing of any payment, direct debit facilities and/or credit facilities by the Client pursuant to the Agreement or as requested by the Client; and/or
- If the Client does not provide all the personal and credit card information required by Fashion Confidential, Fashion Confidential will not be required to supply the Accessory to the Client and shall otherwise have no obligations to the Client under this Agreement or at all.
- The Client can access or amend their personal information and make an inquiry or complaint about the way Fashion Confidential has handled their personal information by emailing Fashion Confidential at the following email address: [email protected]
- If any provision of this Agreement shall be invalid, void, illegal or unenforceable it will be severed from this Agreement, and the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- This Agreement shall be governed by the laws of NSW and is subject to the jurisdiction of the courts of Sydney, Western Australia. The Client waives any right he or she may have for a change of venue selected by Fashion Confidential with respect to any court proceedings between the Client and Fashion Confidential
- These Terms and Conditions constitute the entire agreement between the parties and shall not be modified unless authorised in writing by Fashion Confidential
Defects, Warranties, Returns, Competition and Consumer Act (CCA) and Fair Trading Acts (“FTA”)
- The Accessory is hired by the Client at the Client’s own risk. Except as expressly set out in this Agreement, Fashion Confidential makes no representation nor gives any warranty including but not limited to matters concerning the quality or suitability of the Accessory for the purpose intended by the Client. Fashion Confidential’s liability in respect of these warranties is limited to the fullest extent permitted by law.
- Fashion Confidential shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
- the Client failing to properly maintain or store the Accessory;
- the Client continuing the use of the Accessory after any defect became apparent or should have become apparent to a reasonably prudent user.
- Fashion Confidential shall have no liability whatsoever to the Client for any direct, indirect and/or consequential loss and/or expense (including but not limited to loss of profit) suffered by the Client arising out of a breach by Fashion Confidential of this Agreement.
- Fashion confidential shall have no liability whatsoever to the Client for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond its reasonable control.
- The Client agrees to indemnify and hold harmless and its o Fashion Confidential officers, directors, agents and affiliates from any claims, damages, losses, liabilities and all costs and expenses, including but not limited to legal fees, resulting directly or indirectly from a claim by a third party that arises by reason of this agreement with the Client.
- Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
The Customer accepts full responsibility for the safekeeping and return of the Accessory to Fashion Confidential in the same condition as which it was received.
In the event that the Customer or any third party has stolen, lost or has not returned the Accessory, Fashion Confidential will withdraw the full value of the Accessory.