TERMS AND CONDITIONS
1.1 “Designer Bumps” means Designer Bumps (ABN 29 228 280 289), its successors and assigns or any person acting on behalf of and with the authority of Designer Bumps (ABN 29 228 280 289).
1.2 “Client” means the Client or any person acting on behalf of and with the authority of the Client.
1.3 “Apparel” means all Apparel (including any fashion accessories e.g. dresses) supplied on hire by Designer Bumps to the Client (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 Designer Bumps to the Client.
1.4 “Hire Period” means the Hire Period specified on the Hire Agreement as signed by the Client plus any additional period agreed in writing between Designer Bumps and the Client.
1.5 “Price” means the cost of the hire of the Apparel as agreed between Designer Bumps and the Client subject to clause 4 of this contract.
2. The Commonwealth Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)
2.1 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.
2.2 Where the Client hires Apparel as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
3.1 Any instructions received by Designer Bumps from the Client for the hire of Apparel and/or the Client’s acceptance of Apparel supplied on hire by Designer Bumps shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of Designer Bumps.
3.4 The Client shall give Designer Bumps not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by Designer Bumps as a result of the Client’s failure to comply with this clause.
3.5 Apparel is supplied by Designer Bumps based only on the terms and conditions of hire herein to the exclusion of anything to the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of hire.
4. Price and Payment
4.1 The Price shall be Designer Bumps’ current Price, at the date of delivery of the Apparel, according to Designer Bumps’ current Price list at the date of the rental agreement commencing.
4.2 Designer Bumps reserves the right to change the Price in the event of a variation to the Client’s requirements.
4.3 At Designer Bumps’ sole discretion a refundable bond or deposit may be required which shall be refunded upon return of the Apparel in a condition acceptable to Designer Bumps.
4.4 The Bond/Deposit will be returned to the account of the Client within 48 hours of the return of the item/s. The full bond/deposit will be returned if the item is returned in the same condition it was given to the Client, with fair wear and tear acceptable. Alternatively, the bond/deposit may be used to cover costs of loss or damage to the item/s if this is deemed to have been the responsibility of the Client.
4.5 At Designer Bumps’ sole discretion:
(a) payment shall be due before delivery of the Apparel;
(b) payment shall be due before any extension of the rental time period commences.
4.6 Payment may be made by cash or through PayPal or by any other method as agreed to between Designer Bumps and the Client.
4.7 In the event an invoice is issued for payment for any reason then payment shall be due within seven (7) days of the date of the invoice.
4.8 Receipt by Designer Bumps 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.
4.9 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4.10 All Prices quoted are denominated in Australian Dollars.
5. Hire Period and Late Fees
5.1 Hire charges shall commence from either when the Client (or a third party nominated by the Client) signs the postal or courier delivery receipt, or the Apparel is picked up from Designer Bumps premises, and shall continue until the Apparel is returned to Designer Bumps.
5.2 Where Apparel has not been returned by the “due date” advised by Designer Bumps to the Client, then Designer Bumps shall be entitled to charge additional hire fees until the Apparel is returned to Designer Bumps and the Client expressly authorises Designer Bumps to deduct such additional hire fees from the client’s credit card, if details of which were provided at the time of placement of the Client’s order. Such additional charges shall be charged at the rate agreed to at the date of the rental agreement commencing and as set out in the signed Conditions of Hire.
5.3 Overdue fees shall be charged direct to the Client’s credit card nominated at the commencement of the hire or deducted from the bond/deposit. For the sake of clarity the rental period starts on the day the order is delivered to the Client and the Client (or a third party nominated by the Client) signs the receipt of the delivery, or the Apparel is collected from Designer Bumps premises. For example, if the apparel is collected or delivered on Friday, this is when the rental period starts. In order to prevent further borrowing charges, the Client would be required to drop the pre-paid return package at the nearest post office or postal box (this delivery method is standard unless otherwise stated) at least one day prior to the Return date as specified by Designer Bumps or return the Apparel to Designer Bumps premises on the last day of the rental period.
5.4 When counting overdue days Designer Bumps shall not count either Sundays or Public Holidays when the post office is closed as being part of the overdue period.
5.5 If you have not returned your rental item (s) within 15 days after the return date, we will consider your rental item (s) as non-return and we will charge your credit card or invoice you the recommended retail value (in addition to the rental that you have already paid).
6 In the case where a bond is required for the Hire of certain Apparel items, a reasonable amount of money will be subtracted from this Bond if the return of the Apparel is late, and/or the Apparel is damaged.
6. Delivery of the Apparel
6.1 At Designer Bumps’ sole discretion delivery of the Apparel shall be deemed to have taken place when the Apparel is delivered to the Client’s nominated delivery address and the Client (or a third party nominated by the Client) has signed the delivery receipt, or the Client has picked up the Apparel from the Designer Bumps premises.
6.2 Standard delivery is not included in the total Price as quoted at Designer Bumps’ premises or online. The estimated standard delivery time for metropolitan cities Australia-wide (except Western Australia, Tasmania and non-metropolitan regions) is 1 – 4 business days. The estimated standard delivery time for Western Australia, Tasmania and non-metropolitan regions is 3 – 7 business days. At its sole discretion, Designer Bumps may change these delivery fees.
6.3 The Client shall make all arrangements necessary to take delivery of the Apparel whenever tendered for delivery. In the event that the Client is unable to take delivery of the Apparel at the nominated delivery address and for any reason Designer Bumps is required to redeliver the Apparel then Designer Bumps shall be entitled to charge a reasonable fee for the redelivery.
6.4 Any delivery time or date given by Designer Bumps to the Client is an estimate only. The Client must still accept delivery of the Apparel even if late and Designer Bumps will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.
7.1 Designer Bumps retains property in the Apparel nonetheless all risk for the Apparel passes to the Client on delivery.
7.2 The Client accepts full responsibility for the safekeeping of the Apparel.
7.3 If the Apparel gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client then the Client will be liable to pay for replacement of the item. In assessing the replaceable value, Designer Bumps will take into account, the demand of that dress in the market, the availability to purchase that dress in the market, the condition of the dress, and the rental fee that you’ve already made.
8. Title To Hired Apparel
8.1 The Apparel is and will at all times remain the absolute property of Designer Bumps.
8.2 If the Client fails to return the Apparel to Designer Bumps then Designer Bumps or Designer Bumps’ agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the client, or any premises where the Apparel is situated and take possession of the Apparel.
9.1 The Client shall inspect the Apparel prior to collection. In the event the Apparel is delivered to the Client, the client shall inspect the apparel on delivery and shall within six (6) hours of receipt of the Apparel notify Designer Bumps (by text message or email) of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.
10.1 If the Client wishes to cancel an order, then they must contact Designer Bumps as soon as is possible. If the item hasn’t been collected from Designer Bumps’ premises yet, there will not be any cancellation fees. However, if the item has been collected or dispatched, a cancellation fee of twenty-five dollars ($25.00) per hire item will apply. Designer Bumps will issue a full refund less the cancellation fee upon return of the Apparel to Designer Bumps.
11. Client’s Responsibilities
11.1 The Client shall:
(a) immediately notify Designer Bumps 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 Designer Bumps;
(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;
(d) not alter or make any additions to the Apparel or in any other manner interfere with the Apparel.
12.1 Designer Bumps may cancel these terms and conditions or cancel the delivery of Apparel at any time before the Apparel is collected or delivered by giving written notice. On giving such notice Designer Bumps shall repay to the Client any sums paid in respect of the Price. Designer Bumps shall not be liable for any loss or damage howsoever arising from such cancellation.
13. Default and Consequences of Default
13.1 If the Client owes Designer Bumps any money the Client shall indemnify Designer Bumps from and against all costs and disbursements incurred by Designer Bumps in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Designer Bumps’ collection agency costs, and bank dishonour fees).
13.2 Without prejudice to any other remedies Designer Bumps may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms of hire Designer Bumps may repossess the Apparel as per clause 8.2, or suspend or terminate the supply of Apparel to the Client and any of its other obligations under the terms and conditions. Designer Bumps will not be liable to the Client for any loss or damage the Client suffers because Designer Bumps has exercised its rights under this clause.
13.3 Without prejudice to Designer Bumps’ other remedies at law Designer Bumps shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies Designer Bumps may have and all amounts owing to Designer Bumps shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Designer Bumps becomes overdue, or in Designer Bumps’ opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client 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 Client.
14. Privacy Act 1988
14.1 The Client agrees for Designer Bumps to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by Designer Bumps.
14.2 The Client agrees that Designer Bumps may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client
The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
14.3 The Client consents to Designer Bumps being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
14.4 The Client agrees that personal credit information provided may be used and retained by Designer Bumps for the following purposes (and for other purposes as shall be agreed between the Client and Designer Bumps or required by law from time to time):
(a) the provision of Apparel on Hire; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Apparel on hire; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the hire of the Apparel.
14.5 Designer Bumps may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
14.6 The information given to the credit reporting agency may include:
(a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the Client’s application for credit or commercial credit and the amount requested;
(c) advice that Designer Bumps is a current credit provider to the Client;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of Designer Bumps, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);
(g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
(h) that credit provided to the Client by Designer Bumps has been paid or otherwise discharged.
15. Intellectual Property
15.1 The Client acknowledges and agrees that Designer Bumps’ logo shall remain the intellectual property of Designer Bumps at all times and further agrees that they shall not use the same for any purpose whatsoever without the express written approval of Designer Bumps.
16.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
16.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria.
16.3 Designer Bumps shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Designer Bumps of these terms and conditions (alternatively Designer Bumps’ liability shall be limited to damages which under no circumstances shall exceed the Price paid for the hire or purchase of the Apparel).
16.4 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
16.5 Designer Bumps reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Designer Bumps notifies the Client of such change. Except where Designer Bumps supplies further Apparel to the Client and the Client accepts such Apparel, the Client shall be under no obligation to accept such changes.
16.6 The failure by Designer Bumps to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Designer Bumps’ right to subsequently enforce that provision.
16.7 Unless otherwise specified, the Client agrees that by sending or tagging photos of wearing a Designer Bumps dress, Designer Bumps may use the images for promotional purposes including but not limited to print materials, social media platforms and newsletters.
Additional Clauses Applicable to the Sale of Apparel
17. Title To Apparel Being Sold To The Client
17.1 Designer Bumps and the Client agree that the ownership of Apparel shall not pass until:
(a) the Client has paid Designer Bumps all amounts owing to Designer Bumps; and
(b) the Client has met all of its other obligations to Designer Bumps.
17.2 Receipt by Designer Bumps 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.
17.3 It is further agreed that until ownership of the Apparel passes to the Client in accordance with clause 16.1 that:
(a) the Client is only a bailee of the Apparel and must return the Apparel to Designer Bumps on request.
(b) the Client holds the benefit of the Client’s insurance of the Apparel on trust for Designer Bumps and must pay to Designer Bumps theproceeds of any insurance in the event of the Apparel being lost, damaged or destroyed.
(c) the Client must not sell, dispose, or otherwise part with possession of the Apparel. If the Client sells, disposes or parts with possession of the Apparel then the Client must hold the proceeds of any such act on trust for Designer Bumps and must pay or deliver the proceeds to Designer Bumps on demand.
(d) the Client irrevocably authorises Designer Bumps to enter any premises where Designer Bumps believes the Apparel are kept and recover possession of the Apparel.
(e) Designer Bumps may commence proceedings to recover the Price of the Apparel sold notwithstanding that ownership of the Apparel has not passed to the Client.
18. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
18.1 The Client must inspect the Apparel upon collection or delivery and must within seven (7) days of same notify Designer Bumps in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify Designer Bumps of any defect in the Apparel as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Designer Bumps to inspect the Apparel.
18.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
18.3 Designer Bumps acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
18.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Designer Bumps makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Apparel. Designer Bumps’ liability in respect of these warranties is limited to the fullest extent permitted by law.
18.5 If the Client is a consumer within the meaning of the CCA, Designer Bumps’ liability is limited to the extent permitted by section 64A of Schedule 2.
18.6 If Designer Bumps is required to replace the Apparel under this clause or the CCA, but is unable to do so, Designer Bumps may refund any money the Client has paid for the Apparel.
18.7 Subject to this clause 18, returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 18.1; and
(b) Designer Bumps has agreed that the Apparel are defective; and
(c) the Apparel are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
(d) the Apparel are returned in as close a condition to that in which they were delivered as is possible.
18.8 Notwithstanding clauses 18.1 to 18.7 but subject to the CCA, Designer Bumps shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Client failing to properly maintain or store any Apparel;
(b) the Client continuing the use of any Apparel after any defect became apparent or should have become apparent to a reasonably prudent user;
(c) fair wear and tear, any accident, or act of God.