Terms of Hire & Purchase

Passion for Fashion Technologies Pty Ltd

Terms of Hire and Purchase

These terms constitute our Terms of Hire and Purchase and apply to all hire and purchase transactions which occur via our Website.  By hiring or purchasing an item via our Website, you warrant to us that you have read, understood and agree to be bound by our Terms of Hire and Purchase. You will not be permitted to proceed with any transaction via our Website if you have not agreed to our Terms of Hire and Purchase.

General

(a)      The terms “we”, “us” and “our” throughout these Terms refer to Passion for Fashion Technologies Pty Ltd ACN 672 602 238.

(b)     These Terms govern all hire and purchase transactions which take place via our Website. By proceeding with any such transaction, you agree to be bound by these Terms.

(c)      Some of the items available for rent or purchase through our Website are provided and fulfilled by one of our Third party providers.

(d)     Third party providers are independent lenders and sellers, who use our Website to offer their items for sale or hire. By accepting these Terms you acknowledge and agree that:

(i)      Third party providers are independent entities not related to or controlled by us and who operate subject to their own terms and conditions;

(ii)     while we make every effort to ensure Third party providers conduct themselves in a reputable and transparent manner, we are not responsible or liable for the actions or omissions of any Third party provider; and

(iii)    you agree to release us from any Claim you may have in connection with any Loss suffered as a result of any act or omission of a Third party provider.

(e)      As noted above, Third party providers will often have their own specific terms that add to what is described below. These terms are displayed when viewing any item on our Website. 

(f)       By placing an order for the hire or purchase of an item via our Website, you are entering into a legally binding agreement between yourself and either us or, if applicable, a Third party provider (as the case may be). The agreement between you and us will be governed by these Terms. If applicable, the terms of the relevant Third party provider will apply to your agreement with them. 

Payment providers

(a)      In accepting payments, we will use any payment providers, merchants or gateways as we consider appropriate in our sole and absolute discretion. The terms and conditions of the relevant provider will apply to transactions taking place via our Website and by accepting these Terms, you agree to abide by the terms and conditions of such providers in all respects.

(b)     If you have any queries regarding the terms and conditions of the payment provider, please contact the payment provider directly.

(c)      If by your act or omission you cause us to breach the terms and conditions of any payment provider, and we suffer any Loss or become the subject of any Claim as a result, you agree to indemnify us and keep us indemnified against any such Loss or Claim which arises in connection with your relevant conduct. Please be aware that this may mean you are obligated to compensate us for our legal fees and other costs incurred by us as a result of your conduct.

(d)     We recommend that you review the privacy policies of our payment providers before proceeding with a transaction via our Website. Where you proceed with a transaction via our Website, you are providing your consent to our payment providers accessing and using your personal information in the manner outlined in their privacy policy. If you have any queries regarding the privacy policy of a payment provider, please contact the payment provider directly.

Payments

(a)      By proceeding to hire or purchase an item via our Website, you authorise us to charge your selected payment method according to these Terms. You warrant to us that you are authorised to use the payment method you have selected and you agree not to dispute the transaction with your bank or provider if we or our Third party provider have fulfilled applicable obligations to deliver to you the relevant hired or purchased item and, where applicable, complied with your requested delivery date.

(b)     You irrevocably authorise us to charge your nominated payment method for any additional fees which become due and owing to us or to a Third party provider and which are outlined in these Terms (including Damage Fees or Late Fees). If a charge against the supplied payment method cannot be made, we will provide you with an invoice for the fees, which you agree to pay within 5 Business Days.

(c)      If for some reason, your payment for an Order is reversed or rejected, you agree to pay the outstanding amount within 48 hours of demand. Failure to do this will result in immediate cancellation of your Order. If the item(s) the subject of your Order have already been dispatched, you will remain liable for the full amount owed.

(d)     We reserve the right to take all necessary steps to recover any amounts owing pursuant to these Terms, including the use of debt collection agencies and taking legal action. You agree to indemnify us and keep us indemnified for all costs we incur, including legal costs, in pursuing you for full and final payment of any amount owed. 

Identity verification

Please note that in order to hire an item via our Website, you will need to verify your identity. In order to do this, you will need to submit your identity documents via Shopify’s Real ID application. Please download the application and follow the prompts. Please note that we do not own or control Real ID and as such, cannot guarantee the security of your identity documents or confirm how they will be handled once submitted to Real ID.     

Renting from us and our Third party providers

Renting directly from Third party providers

(a)      You will be advised via our Website if you are about to hire an item from a Third party provider. Where you are hiring an item from a Third party provider, you acknowledge and agree that:

(i)     you are hiring directly from the relevant Third party provider;

(ii)     the Third party provider’s hire terms, including their refunds and returns policy, will apply instead of, or in priority to, our Terms; and  

(iii)    we are simply providing a platform for the transaction and we are not a party to the hire arrangement.

(b)     The relevant Third party provider is solely responsible for the supply of the hired item, the quality of the hired item and the delivery of the item.

(c)      We are not liable for any Loss suffered by you in connection with your hire arrangement with a Third party provider and you agree to release us from any Claim you may have in connection with any such Loss suffered.

(d)     You should ensure that you read the terms of any Third party provider carefully before proceeding to hire an item listed by a Third party provider.

Title to rental items

(a)      At all times, the rental items are and remain the property of either us or our Third party provider (as the case may be).

(b)     Where an item has not been returned as required, each we and our Third party provider reserve the right to retrieve the item at any time or otherwise take any necessary action required to retrieve an item.

(c)      You may not make any modifications or alterations to an item without express written consent from either us or the relevant Third party provider (as the case may be).

Insurance

(a)      We offer optional insurance coverage for our customers to purchase in respect of hired items at their discretion. The cost of our insurance coverage is $50.

(b)     Our insurance covers you for:

(i)          damage, repair or additional cleaning required in respect of hired items to a total value of $70 (inclusive of GST); and

(j)          provides coverage for the loss or destruction of a hired item equal in value to either 50% of the item’s original recommended retail price or $500, whichever is less.

(k)      Where an item is damaged and the relevant Damage Fees associated with the item exceed the coverage amount provided by your insurance policy, you will be liable for the difference.

(l)       Where insurance is not purchased and an item is damaged, you will be liable for the full amount of any applicable Damage Fees.

Booking period

Please be aware that the booking period you select when hiring an item is inclusive of the day you receive the item and the day you are required to return the item.

Delivery

(a)      We recommend placing your Order for an item no less than 3 full Business Days prior to your desired delivery date. Prior to finalising your Order, you will be advised of the item’s estimated delivery date. By proceeding to finalise your Order, we will consider that you were aware of, and accepted, the estimated delivery date provided to you at that time (Estimated Delivery Date).

(b)     Your selected item(s) will be sent in order to arrive to your nominated address on or before the Estimated Delivery Date.

(c)      We will use any delivery or transport provider we consider appropriate as determined at our sole discretion.

(d)     Instructions to leave an item without signature will be assessed on a case-by-case basis and, where applicable, will be subject to approval by Third party providers.

(e)      We cannot guarantee that any courier or other delivery agent will comply with a request to leave an item without a signature, and we do not accept any liability or responsibility where an item is not left without signature.

(f)       If an item arrives after the Estimated Delivery Date, and as a result, you return the item unworn, you may be entitled to a full refund.

(g)      No refund or credit will be provided if the delivery is slightly late, but you choose to wear the item regardless.

(h)     If your delivery fails because you have provided an incorrect or incomplete address, you will not be entitled to a refund or credit. It is your responsibility to ensure that the address you enter is accurate.

(i)       Please see our refunds and returns policy for a detailed explanation of your rights to a refund for items not delivered.  If you have hired an item from one of our Third party providers, please refer to their terms and conditions.

Incorrect items

(a)      If you receive an incorrect item, please notify us immediately and, in any event, no later than 48 hours after you receive the item. If there is sufficient time before your event, we will do our best to provide you with a replacement item (where all associated postage (including for the return of the incorrect item) will be at our cost).

(b)     If you receive an incorrect item and there is not sufficient time for us to provide you with a replacement, you will be entitled to a full refund. Your refund may not be processed until such time as we or our Third party provider can verify that you have received an incorrect item and the incorrect item has been returned to us or our Third party provider.

(c)      Please see our refunds and returns policy for a more detailed explanation of your rights in respect of incorrect items. If you have hired an item from one of our Third party providers, please refer to their terms and conditions.

Damaged items

(a)      If you receive an item which has been damaged or has faults or noticeable stains, please notify us immediately and in any event, prior to your using the item. All such notification should be made within 48 hours of your receiving the item. If we do not receive notice of damage or fault from you within 48 hours of your receipt, we reserve the right to refuse a refund as it will not be clear when the damage was caused or by who.

(b)     If you receive an item which has damage or faults, but you consider that you may still wear the item, please contact us within the above noted timeframe, so that we can explore the option of a partial refund. Please be aware that the provision of any partial refund will be at our sole discretion (subject to our obligations to you under the Australian Consumer Law) or otherwise at the discretion of our Third party provider.

(c)      You acknowledge that the items being sent to you are not brand new and may have some signs of wear and tear. A refund may not be granted if the issue is considered minor or insignificant. However, if the item delivered is not in an acceptable condition, you may be entitled to a full refund. Please be aware that the provision of any refund will be at our sole discretion (subject to our obligations to you under the Australian Consumer Law) or otherwise at the discretion of our Third party provider.

(d)     In most cases, you will need to wait for the item to be returned to either us or our Third party provider (as the case may be) and assessed, prior to a refund being approved and processed. If approved, you will receive a full refund including any amount paid for postage.

(e)      Please see our refunds and returns policy for a more detailed explanation of your rights in respect of damaged items. If you have hired an item from one of our Third party providers, please refer to their terms and conditions.

Issues with fit or appearance

(a)      Please be aware that we do not offer returns or refunds for change of mind for an unsuitable size/fit. It is your responsibility to ensure you are booking the correct size and style.

(b)     Please be aware that ordering an item in your usual size (as stated in the relevant product description on our Website) does not guarantee that a product will fit, as sizing parameters often change based on the standards adopted by the relevant manufacturer.

Customer cancellations

(a)      For cancellations of Orders, you will be entitled to a full refund if:

(i)      your cancellation request is received in the first 24 hours after placing your Order, as long as it is still more than 72 hours from your nominated delivery date and your package hasn't yet been dispatched; OR

(ii)     your cancellation request is received 21 or more days prior to your nominated delivery date.

(b)     You will not otherwise be entitled to a refund in connection with a cancelled booking.

Cancellations by us or our Third party providers

Each we and our Third party providers may cancel your Order, for any reason. The compensation payable to you will be limited to the amount you paid to us for the Order (including postage). Neither we, nor our Third party providers, will be responsible for any Loss, including consequential damage or loss, that results from the cancellation of an Order.

Return of items

(a)      You are responsible for ensuring all rented items have been posted for return to us or, if applicable, our Third party provider, by 3.00pm on the Return Date. You must use the return envelope/packaging (including all tracking details) provided to you as part of your booking. If your Return Date is a Sunday or a public holiday, you must post the item before 3pm on the next Business Day. No Late Fees will apply in this instance.

Late return

(a)      If for any reason you post or ship the rental item(s) after your Return Date, Late Fees will apply. Our Late Fees are charged at the following rates:

(b)     By hiring an item via our Website and accepting these Terms, you irrevocably authorise us to charge Late Fees owed to us or our Third party provider to your nominated payment method.

(c)      If we are unable to charge your nominated payment method for any applicable Late Fees for any reasons, we will issue you with an invoice for the relevant Late Fees, which you agree to pay within 5 Business Days. Should you fail to pay your invoice by the due date, we reserve the right to refer you to debt collection.

Cleaning

(a)      You agree that under no circumstances will you attempt to clean the rental item(s) yourself, or have them cleaned by anyone else.

(b)     If you attempt to clean a garment and cause damage, or cause a stain to be permanent, Damage Fees will apply in accordance the provisions included under ‘Damage and Loss’ below.

Damage or loss

(a)     If you damage a rental item, do not attempt to repair it.

(b)    Simple repairs, such as replacing a button, re-stitching or getting out non-permanent stains will be taken care of with no additional cost to you.

(c)     Where an item is in need of some repair, but we (or our Third party provider) do not consider the item to be in need of major repair or replacement, you will be charged a moderate damage fee of up to $70.

(d)    If an item has been damaged to such an extent that it is no longer fit for use and cannot be repaired, or if the item has been lost, or destroyed, you will be charged a severe damage/replacement fee, which is equal to the lesser of:

(i)     50% of the item’s original recommended retail price (as advised to you at the time of making your Order); or

(ii)    $500.

Please be aware that the above Damage Fees are applied on a per item basis.

(e)     If you have purchased our insurance, the relevant coverage amount will be deducted from any Damage Fee prior the Damage Fee being charged to your nominated payment method. Where the coverage amount is greater than the anticipated Damage Fee, you simply won’t be charged for the relevant Damage Fee.

(f)      Where an item is lost by your courier or delivery agent, provided you have provided us with satisfactory tracking information in respect of the item, you will not be held liable.

(g)     By hiring an item via our Website and accepting these Terms, you irrevocably authorise us to charge Damage Fees owed to us or our Third party Provider to your nominated payment method.

(h)    If we are unable to charge your nominated payment method for any applicable Damage Fees for any reasons, we will issue you with an invoice for the relevant Damage Fees, which you agree to pay within 5 Business Days. Should you fail to pay your invoice by the due date, we reserve the right to refer you to debt collection.

Purchase of items from us or our Third party providers

Purchase function  

Our Website provides an offer to purchase function. You may make an offer to us or to one of our Third party providers to purchase an item for a proposed amount (Offer). The recipient of your Offer may either accept your Offer, reject your Offer or make a counter-offer.

Binding agreement for sale and purchase 

Upon an Offer being accepted, a legally binding contract for the sale and purchase of the item is formed between you and the party offering the item for sale (Sale). Upon the terms of the Sale being agreed, the following provisions will apply in respect of the Sale of the relevant item.

Terms of sale

Purchases from Third party providers

(a)      You will be advised via our Website if you have made an Offer to one of our Third party providers. Where you are purchasing an item from a Third party provider, you acknowledge and agree that:

(i)     you are making a direct purchase from the relevant Third party provider and accordingly, the Third party provider’s terms of sale, including their refunds and returns policy, will apply;

(ii)    we are simply providing a platform for the transaction and we are not a party to the contract of sale.

(b)     The relevant Third party provider is solely responsible for the supply of the purchased item, the quality of the purchased item, delivery of the item and any agreed after sale care.

(c)      We are not liable for any Loss suffered by you in connection with your purchase of an item from a Third party provider and you agree to release us from any Claim you may have in connection with any such Loss suffered.

(d)     You should ensure that you read the terms of any Third party provider carefully before proceeding to purchase an item listed by a Third party provider.

Purchases from us

(a)      Where you purchase an item directly from us, we are responsible for ensuring the item is shipped for delivery to you, in accordance with our estimated shipping time frames (as advised to you at the time of purchase).

(b)     We offer refunds and returns in accordance with the Australia Consumer Law and the provisions set out in these Terms.

(c)      Subject to clause (d) below, you will be entitled to a full refund, including the cost of postage, if there is a major problem with an item you have purchased from us. We will consider there to be a major problem if:

(i)     the item arrives in a condition that is not considered acceptable (i.e. the item is damaged and such damage was not disclosed in the item’s description);

(ii)    the incorrect item is sent to you; or

(iii)  the item sent to you is vastly different to the item described on our website.

(d)     If there is a major problem with an item you have received but we consider we are able to offer you a replacement item which is able to be delivered to you prior to your planned event or within a reasonable time, we may elect to provide you with a replacement item as opposed to providing you with a refund. We will discuss this option with you first, before making our election. In such instances, we will also bear the cost of having the incorrect item returned to us.

(e)      Please see our refunds and returns policy for more detailed information regarding your rights to a refund or rights to return an item, when purchasing an item directly from us.

Miscellaneous

Complaints and Dispute resolution

Disputes with Third party providers

(a)      Should a dispute arise between yourself and a Third party provider, you should first attempt to resolve the dispute with the Third party provider directly.

(b)     If you are unable to resolve the dispute with the Third party provider directly or are unsatisfied with the resolution proposed by the Third party provider, please contact us via hello@passionforfashion.au

(c)      While all hire and purchase transactions with a Third party provider are subject to the terms of the relevant Third party provider, we will do our best to assist you in resolving the matter with the Third party provider.

Disputes with us

(a)      If you are dissatisfied with a service or response provided by us, please contact us as soon as possible via hello@passionforfashion.au. We will make a senior representative available to attempt to resolve the matter with you as soon as is reasonably practicable.

(b)     If you remain unsatisfied after we have attempted to resolve the dispute or your complaint, please note that there may be regulatory bodies who may be in a position to assist you or to whom you may be able to lodge a complaint.

Risk

(a)      By accepting these Terms, you acknowledge and agree that all items purchased or hired from our Website are used by you at your own risk. As far as legally permitted, we expressly exclude all liability in respect of and will not be held responsible for, any health-related complaint or ailment you suffer in connection with your use of a hired or purchased item.

Limitation of liability

(b)     By hiring or purchasing an item from our Website and accepting these Terms, you agree that neither we, nor our Third party providers will be liable for any Loss, damage, costs or expenses of an indirect or consequential nature incurred or suffered by you as a result of:

(i)     cancellation of an Order;

(ii)    late delivery of an item;

(iii)  non-delivery of an item;

(iv)  an issue with the quality of a delivered item.

(c)      You acknowledge and agree that as far as is legally permitted and subject to any obligations we may have to you pursuant to the Australian Consumer Law, our liability to you in respect of:

(i)     the cancellation of an Order;

(ii)    the late delivery of an item;

(iii)  the non-delivery of an item; or

(iv)  an issue with the quality of a delivered item,

is limited to the amount you have paid to us for the hire or purchase of the relevant item(s).

Indemnity

You agree to indemnify us and keep us indemnified against all third party Claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your breach of any of the provisions contained within these Terms.

Jurisdiction

These Terms are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the courts of that jurisdiction and any appeals from those courts.

Waiver

Unless we expressly waive a right or power by the provision of written notice to you, any failure or delay on our part to exercise a power or right we have under these Terms does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.

Changes to these Terms

We reserve the right to change these Terms at any time without notice.

Severance

Any provision of these Terms which is prohibited or unenforceable in the jurisdiction of Queensland will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability.

That will not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.

Definitions

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Gold Coast, Queensland.

Claim means any claim, notice, demand, action, proceeding, litigation, investigation, or judgment, however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort, statute or otherwise and whether involving a third party or a party to these Terms.

Damage Fees means those fees specified at the ‘Damage and Loss’ section of these Terms.

Late Fees means the late fees specified at the ‘Late Returns’ section of these Terms.

Loss means losses, liabilities, damages, costs (on a full indemnity basis), charges and expenses.

Order means an order to hire or purchase an item, submitted by you via our Website.

Return Date means the date by which an item is due to be posted back to us, as advised to you at the time you place your Order. 

Terms of Hire and Purchase means these terms and conditions (as updated from time to time) and as are otherwise referred to throughout this document as the Terms.

Third party providers mean the third party lenders and sellers who independently lease and sell items via our Website.

Website means www.passionforfashion.au and includes any associated applications or other platforms which we may make available to you from time to time.