Terms

TERMS & CONDITIONS OF HIRE

[Effective 29.09.2017]

Please read all Terms & Conditions Carefully as by using this site and the Beyond Your Wardrobe service, you are bound by these Terms & Conditions (T&Cs).

1. Acceptance of Terms of Use

1.1  These Terms of Use & Service apply to the beyondyourwardrobe.com.au site and the Beyond Your Wardrobe Service and Hire of products.
1.2  By using the Service or visiting the Site beyondyourwardrobe.com.au, you accept these Terms of Use and any modifications that may be made to the Terms of Use from time to time; if you do not agree with these Terms of Use you should not use the Service, or visit beyondyourwardrobe.com.au.
1.3  These Terms & conditions constitute a binding legal agreement between yourself and Beyond Your Wardrobe.
1.4  We reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion. Any modifications will be posted within the Terms & Conditions and are effective immediately.
1.5  Your continued use of the Site states that you agree with any modified Terms & Conditions of Beyond Your Wardrobe.

2. Our Service

2.1  Beyondyourwardrobe.com.au allows customers to hire products for a term specified at time of purchase or booking in accordance with these Terms of Use.
2.2  Once a booking has been made Beyond Your Wardrobe will have the item shipped to the Customer’s address.
2.3  Bookings for hire products can be made directly through beyondyourwardrobe.com.au but are not confirmed until you have received a confirmation email from Beyond Your Wardrobe stating confirmation and receipt of payment. If you do not receive this after making payment please contact us by email immediately to check that your details have been entered correctly. 
2.4  Items are subject to availability and we reserve the right to cancel your reservation at any time prior to the specified delivery date if an item is no longer available for use or is damaged by a previous borrower.
2.5  In the case of cancellation of your booking by Beyond Your Wardrobe the full hire price including postage will be refunded within 7 days, or alternatively, another item can be offered at the sole discretion of BYW for an equal or greater value of the hired item.

3. Billing


3.1  Your reservation is only confirmed once payment has been received and confirmation email has been received from Beyond Your Wardrobe.
3.2  Payment through the shopping cart on beyondyourwardrobe.com.au requires complete and correct Credit Card details including your full name and correct Billing Address. Once the order is confirmed the Customer agrees to pay the hire charges in Full.
3.3  Any additional fees incurred through Credit Card or PayPal transactions are at the expense of the Customer.
3.4  When you hire an item you will be required to sign & accept these T&Cs and provide a personal guarantee of full liability of the garment whilst under your possession. (Refer to Section 5 – Damages)
3.5  We may modify the price, content, or nature of the Service of beyondyourwardrobe.com.au at any time. Any changes will be published to the site and effective immediately.

3.6 Once an order has been confirmed the Customer agrees to pay the full invoice amount, as well as any additional charges as a result of damage loss or theft whilst BYW products are in their possession.

4. Cancellation

4.1 A confirmed reservation may be cancelled for a full refund provided your delivery date is more than 21 days away. In the case of cancellation of a confirmed hire made within 21 days of your delivery date a credit for the same amount will be issued for the hire amount to be used for any future hires.

4.2 Beyond Your Wardrobe do not offer a refund once an order has been posted to you, unless your item is not delivered by the carrier (Australia Post, DHL, Sherpa) prior to your event, and your order was placed at least 4 days prior to the first day of your hire. Note: the event date must also be specified in the notes section at checkout, and should be at least 2 days after the first day of your hire to allow for potential Aus post delays. Please email us if you wish to request a credit note. Any credit note issued will be less the postage plus a $25 admin fee.
4.3  You may return a product hired from Beyond Your Wardrobe in the case that it does not fit in exchange for a replacement product where time permits. If unsure of style/ fit, please email us and request a backup dress free of charge (Subject to style and size availability). If you wish to return an item for a replacement dress you must contact Beyond Your Wardrobe immediately by email (vanessa@beyondyourwardrobe.com.au), on the day you received your item. We will give instructions as to how to proceed.
4.4  Returns ( including credit requests) must be Express posted back to Beyond Your Wardrobe using the Australia Post Express Guaranteed Service on the same day they are received using the Express Post pack provided. Please lodge at the post office to confirm on time return, and to qualify for a store credit where required. If you do not return an unworn item within 24 hours of receiving it your store credit (or refund) will be void, no exceptions. 
4.5  Items must be posted at your local post office prior to cut-off time in your local area (Usually 5pm). To ensure you cannot be charged for late return please obtain a lodgement receipt at time of lodgement at your local post office. This is the only way to prove that the item has been posted. Dropping in a street Post box is at your own risk and you will be subject to late fees. 
4.6  Beyond Your Wardrobe reserves the right to cancel a booking at any time should an item become unavailable through damage, not returned from previous hire, or be in a condition deemed by BYW as unsatisfactory for hire.
4.7 Clearance items purchased from the ex-hire tab are final sale and cannot be returned for a credit or refund. Please ask questions regarding condition and sizing before purchasing. Any returns will only be considered if these steps have been followed and the condition is not as discussed via email prior to purchasing. Items must be returned by express post within 24 hours to: PO Box 635 Noosa Heads QLD, and tracking provided by email.

5. Damages


5.1  Please inspect the item you have hired immediately upon receipt to ensure it is not damaged at all (Check for stains/ fabric pulls/ teared seams). Please note that all items sent out are checked and tagged by our dry cleaner and distribution staff prior to postage.
5.2  If no damage is reported on the day of receipt of your item you will be responsible for all damage noted upon return to Beyond Your Wardrobe after your hire.

5.3  When hiring from Beyond Your Wardrobe you are expected to care for our hire items as if they were your own.
5.4  Please avoid direct contact with:
§  Make-up
§  Fake tan
§  Sharp objects and Jewellery

(a) Damage:
5.5  In the instance where an item is damaged, repair costs will be taken from your security deposit (if any) that was left at the time of booking.
5.6  If repair costs are higher than the security deposit, or if you have not provided a deposit, you will be liable for the full repair amount and payment must be made to Beyond Your Wardrobe within 7 days of the invoice being issued to you. Invoices will be sent by email. If your invoice remains unpaid after this time and an external collection agency is required you will be charged an additional 20% on top of the total invoice amount.
(b) Spills & Stains:
5.7  If the item is stained and requires specialist or additional cleaning this charge will also be liable to the customer and payable within 7 days.
(c) Damage Beyond Repair:
5.8  If any item is damaged beyond repair, you accept full liability and acceptance to be charged the full Recommended Retail Price (RRP) as stated on the site beyondyourwardrobe.com.au
 If an item is sold out and not able to be replaced you may be charged up to 250% of the Recommended Retail Price plus the amount of any pre booked hires that need to be cancelled as a result. If your invoice remains unpaid after the specified due date and an external collection agency is required you will be charged an additional 20% on top of the total invoice amount.
(d) Generally
5.9  Beyond Your Wardrobe reserves the right to make full & binding decisions on the final condition of any item, its ability to re-hire, and requirement for replacement
5.10 The customer acknowledges any payment liable will be unreserved or with held from BYW regardless of the customers entitlement or receipt to any third party insurance or payments they may be entitled to. If your invoice remains unpaid and an external collection agency is required you will be charged an additional 20% on top of the total invoice amount.
5.11 If an item is damaged or not returned you will be sent an invoice for the full Recommended Retail Price of the Garment as stated on our site at time of booking. As stated above, if an item is sold out and not able to be replaced you may be charged up to 250% of the Recommended Retail Price plus the amount of any pre booked hires that need to be cancelled as a result.
5.12 Any invoice for damage/ replacement costs must be paid within 14 days of the invoice date before the matter will be referred to a debt collector and credit agencies.If your invoice remains unpaid after this time and an external collection agency is required you will be charged an additional 20% on top of the total invoice amount.
5.13  At time of hiring if you become aware of any damage to the item you have hired please contact Vanessa@beyondyourwardrobe.com.au immediately. If possible please send through photos so that we can notify our dry cleaner in advance of your return.
5.14 Do not try to remove a stain or repair damage yourself as this will often cause further damage and you will then be liable for the full RRP of the garment.

6. Insurance

6.1  Beyond Your Wardrobe offers an insurance premium at checkout for the customer to accept at their own discretion.
6.2  Any insurance premium paid through Beyond Your Wardrobe covers the customer for any damage, repair, alteration or additional cleaning required to a value of $115 incl GST.
6.3  Any additional costs above $115.00 AU paid by Beyond Your Wardrobe to rectify, clean or repair an insured hire item will be payable by the customer.
6.4  In the event an insured item requires replacement, the customer will be liable for 50% of the RRP if they selected & paid the insurance premium for the hire of the specific item damaged.
6.5  The customer will be liable for full repair & replacement costs (up to 250% of the full RRP as noted in Section 5) for items not insured through BYW.
6.6  Beyond Your Wardrobe will not accept any third party insurance policies and the customer acknowledges and accepts full liability and requirement for payment to BYW in a prompt manner should additional costs be incurred.

6.7 Insurance does not cover the cost of any products not returned to BYW, or lost by Australia Post without obtaining a lodgement receipt. Please note this is also includes items stated as not received when marked as delivered to your address by Australia Post. All orders are sent as Authority to leave unless signature on delivery is requested in advance by the customer. In the case of an item not being returned a minimum of the full RRP plus any cancelled hire fees as a result will be charged. You must obtain a lodgement receipt as proof of postage.

7. Postage & Delivery


7.1  At time of booking, please state in the notes section the date you will be wearing the item. At our sole discretion you may be refunded or provided a credit note if you do not receive your item(S) for your event. This is provided that your order was placed at least 4 business days in advance, and the event date was noted at time of placing the order. 
7.2  We typically use the Australia Post express delivery service, sending from postcode 6076. If signature on delivery is required please state this at checkout, otherwise your order will be authorised to leave at your address as per the Australia Post Express delivery terms of service. If another carrier is used please refer to their guidelines regarding safe delivery. The selected item will be delivered to the customers specified address no later than close of business the day prior to the event date specified by the customer in the notes section of the booking. Orders may also be sent 1-2 days early where stock is available earlier to avoid any delays due to Australia Post. Once your tracking number shows as delivered this is confirmation that your order has been delivered to your specified address. It is the customers responsibility to dispute a delivery and advise us immediately by phone, text &/or email if the parcel is not able to be located. Once marked as delivered the goods are at the sole responsibility of the recipient. If it is not safe to leave a parcel at the specified address it is the customers sole responsibility to ensure that delivery is able to be made securely. Please use an alternative address or request signature on delivery at time of booking if there is the risk of damage from pets, weather or theft. Safe delivery is a judgement made by the delivery driver. We can make notes, but the ultimate decision is made by the delivery company. Failure to collect or accept a delivered parcel will not be considered as non-delivery or a delayed order. 
7.3  Please note that Monday, Tuesday and Wednesday are always the return day from the weekend prior therefore delivery of an order cannot be guaranteed prior to Thursday each week. If it is essential that your item be delivered on a Monday, Tuesday or Wednesday you must select an 8 day hire from the Friday prior. Any questions please email Vanessa@beyondyourwardrobe.com.au

7.4  A return addressed Express post pack will be included with your delivery.
7.5  Please place the item in the provided express post pack and place in a Yellow Australia Express Post Street Post box or lodge at you local post office the next business day after your event.
7.6  In the case where your return day falls on a Sunday or public holiday please place in a Yellow Australia Post Street post box for next day collection or lodge at your local postage office the next business day- usually Monday. Important - posting via a street box is at your own risk. If no lodgement receipt is obtained as proof of postage then you assume all responsibility for the return of your hired item(s). 
7.7  If you do not return (send) your hired item the next business day following the event date late charges will apply. A lodgement receipt must be obtained as proof to ensure you cannot be charged late fees if it is the fault of Australia post.
7.8  Late Charge Fees:
The following late fees apply due to fault of customer:
1 Day                                      20% of hire price to be charged..
2-6 Days                                100% of listed hire price of item
Beyond 7 Days                  Full RRP of the hired item as noted on the BYW Website.

Beyond 14 Days                 Up to 250% RRP 

7.9  The customer will not be made liable for any late payment fees through error of Australia Post [Note: Australia Post will only track items if hand delivered & scanned into an Australia Post Outlet. If the last day of your hire falls on a weekend it is fine to wait until the next business day so you can obtain a lodgement receipt when the post office is open]

8. Garment Cleaning


8.1  All Dry Cleaning is completed by Beyond Your Wardrobe upon return of the item.
8.2  Do not dry clean any hire items yourself unless approved for any reason by email vanessa@beyondyourwardrobe.com.au, if you do have an item dry cleaned you are liable for any damage caused through Dry Cleaning and also late return charges.

9. Collaborations

9.1  Please send any collaboration requests to vanessa@beyondyourwardrobe.com.au
9.2  in the case of irreparable damage/ late returns/ non returns the above terms apply.

9.3  Please return by express post or drop off (as agreed with Vanessa) within 1 business day of the event borrowed for). 

9.4 All social media posts and stories featuring Beyond Your Wardrobe products must be tagged @beyondyourwardrobe in posts and mentioned in comments. The tag must be clearly visible, and it must be clear that the items are from BYW and not the specific designer. 

9.5 If loan products are requested by a stylist it is the stylists responsibility to make sure the model/ influencer also tags @beyondyourwardrobe according to these terms.

9.6 The above also applies for products borrowed for styled editorial shoots. If borrowing for a shoot please make sure imagery is available to byw for social media use within 3 weeks of the original shoot date. 

9.7  If products are borrowed and the above terms are not followed, or no posts are made at all, Beyond Your Wardrobe reserve the right to charge hire fees at our full discretion due to the loss of paid opportunities. 

10. Copyright

10.1  Copyright in all content across social media, website & email (including text, graphics, logos, icons, sound recordings) is owned by or licensed to Beyond Your Wardrobe.  
10.2  No use of any material may be used without express written permission from Beyond Your Wardrobe. Any material reused, copied, distributed, must be credited to Beyond Your Wardrobe.
10.3  Please refer to all conditions in the Beyond Your Wardrobe Privacy Policy available at beyondyourwardrobe.com.au

11.  Generally

11.1 The Terms and Conditions of use of service from Beyond Your Wardrobe and beyondyourwardrobe.com.au are effective immediately upon publication to the site.
11.2 Beyond Your Wardrobe reserve the right to disclose personal information to the Authorities about customers who steal hire products/ never return them. 
11.3  Beyond Your Wardrobe is owned and operated by Mava Collective Pty Ltd.

ABN:                     54 613 593 212
Contact:               Vanessa Lewis

Postal address:    PO Box 635, Noosa Heads, QLD, 4567 AUSTRALIA

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