ONE NIGHT STAND BOUTIQUE TERMS & CONDITIONS OF HIRE
1a) “ONS” (“we”, “our”, “us”) means The ONS BTQ Group Pty Ltd trading as One Night Stand Boutique (ABN 69613709541) or any person acting on behalf of and with the authority of ONS.
1b) “ONS Boutique” means any of One Night Stand Boutique’s shop locations throughout the Commonwealth of Australia.
1c) “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 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.
1d) “Garment” means all Garments (including any fashion accessories e.g. dresses) supplied on hire by ONS to the Client in accordance with these Terms.
1e) “Hire Period” means the period that the Client booked the Garment for – starting from the day the Garment is picked up by the Client from ONS Boutique, to the day the Garment is to be returned in person back to ONS Boutique.
1f ) “Hire Fee” (“hire price”, “price”) means the cost of the hire of the Garment inclusive of GST as agreed between ONS and the Client.
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
• any instructions received by ONS 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 ONS.
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 ONS.
2d) If you are 13 or older but under the age of 18, you represent and warrant in favour of ONS that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our services on this basis.
3a) At ONS’s sole discretion a bond may be required, payable at the beginning of the Hire Period, at the time of pickup from ONS Boutique, which shall be refunded upon return of the Garment/s in a condition acceptable to ONS in our sole discretion.
4. Hire Period and Late Fees
4a) Where Garment has not been returned to ONS by the agreed Hire Return Due Date then ONS shall be entitled to charge additional Hire Fees until the Garment is returned to ONS and the Client expressly authorises ONS to deduct such additional Hire Fees from the Client’s credit card which was provided at the time of placement of the Client’s order. Such additional charges shall be charged a fixed rate of 50% of the Hire Fee for each day overdue.
4b) If the Client pays ONS an amount equal to 200% of the recommended retail value in late fees and the Client still has the item(s) in their possession, the item(s) is The Client’s to keep.
4c) If the Client has not returned the rental item(s) within 15 days after the return date, ONS will consider the hire item(s) as non-returned and will charge the Client’s credit card 200% of the recommended retail value minus the rental and late fees that the Client has already paid.
5. Dry Cleaning
ONS takes care of the cleaning of Garments between hires. The Client agrees that they will not attempt to clean, press, alter or repair the dress.
6a) ONS retains property of the Garment nonetheless all risk for the Garment passes to the Client on pickup/delivery.
6b) The Client accepts full responsibility for the safekeeping of the Garment.
6c) If the Garment 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 replacement value, ONS 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 the Client has already made.
7. Title To Hired Garment
7a) The Garment is and will at all times remain the absolute property of ONS.
7b) If the Client fails to return the Garment to ONS then ONS or ONS’s 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 Garment is situated and take possession of the Garment.
8a) The Client shall inspect the Garment on pickup and notify of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.
8b) The Client acknowledges that the Garments which they are hiring from ONS may not be in their original condition and are therefore may be subject to general fair, wear and tear.
8c) The Client will not be entitled to the provisions in clause 9 of these Terms if the Garment is subject to general fair, wear and tear. The nature of general fair, wear and tear will be determined by ONS in our sole discretion.
9. Sizing Issues/Returns/exchange/cancellations
9a) The Hire Fees in connection with a Garment is strictly not refundable
9b) If the Client cancels the booking and give us one week’s notice in writing, we are happy to issue a credit for the store that it was booked through to be used on another hire within 4 months from the date of cancellation. That credit will expire (if not used) at the end of that 4 month period.
9c) Hire credits can only be used on other hires, not on retail sales. They are not interchangeable between the different ONS locations.
9d) Once a hire is placed using a credit, it is final and cannot be swapped/amended or cancelled for another credit note. If the Hire Fee of the newly chosen Garment is less than the previous then client forfeits the difference in Hire Fee. If the Hire Fee is more on the newly chosen Garment then the difference is payable by the client.
10. Client’s Responsibilities
10a) The Client shall:
• immediately notify ONS of any damage to the Garment that occurs during the Hire Period;
• on termination of the hire, return the Garment in person, complete with all accessories, in good order as given, to ONS Boutique;
• pay the Hire Fee in full (if and when due) in accordance with these Terms;
• keep the Garment in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Garment;
• not alter or make any additions to the Garment or in any other manner interfere with the Garment.
* not apply fake tan within 48 hours of before wearing the Garment (if a light coloured Garment)
ONS may cancel these Terms or cancel the hire of a Garment at any time before the Garment is delivered by giving written notice. On giving such notice ONS shall repay to the Client any sums paid in respect of the Hire Fee. ONS shall not be liable for any other loss or damage howsoever arising from such cancellation.
12. Default and Consequences of Default
12a) If the Client owes ONS any money the Client shall indemnify ONS from and against all costs and disbursements incurred by ONS in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ONS’s collection agency costs or associated administration charges, and bank dishonour fees).
12b) Without prejudice to any other remedies ONS may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these Terms ONS may repossess the Garment or suspend or terminate the supply of Garment to the Client and any of its other obligations under the Terms. ONS will not be liable to the Client for any loss or damage the Client suffers because ONS has exercised its rights under this clause.
13. Security and Charge
13a) In consideration of ONS 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).
13b) The Client indemnifies ONS from and against all ONS’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising ONS’s rights under this clause.
13c) The Client irrevocably appoints ONS and each director of ONS 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.
14. Intellectual property rights
14a) Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in our ONS brand and in all of the material (including all text, graphics, logos, audio and software/online or app mediums) made available (Content).
14b) Your use of our services under these Terms, our website and/or use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Content.
15. Warranties and disclaimers
15a) 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.
15b) 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.
16a) 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.
17. Jurisdiction and governing law
17a) These Terms are governed by the law of South Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia.