Nookie – Fantasy Gown – SilverNookie
$149.00 Rental (Includes Cleaning)
Dress Hire Policy
ONS TERMS & CONDITIONS
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 the 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 supplied on hire by ONS to the Client in accordance with these Terms.
1e) “Event Date” means the date that the Client provides to ONS for when they plan to wear the Garment.
1f) “Hire Period” means the period that the Client books the Garment for spanning from the scheduled pickup date (or the delivery date for hires being delivered by post) to the scheduled return due date (whether in store or by post).
1g) “Hire Fee” means the cost of the hire of the Garment inclusive of GST. This is separate from the “Bond” or any other additional charges (i.e. freight charges).
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 and that you and your parent or legal guardian understand these Terms. ONS will assume that this is the case and provide access to its services on this basis.
3a) A bond is payable by the Client at the beginning of the Hire Period which shall be released upon return of the Garment/s by the scheduled return date and time, as per ONS instructions and in a condition acceptable to ONS at the sole discretion of ONS. The bond is a separate transaction to the Hire fee.
3b) If the bond cannot be successfully charged by ONS when due, the hire may not proceed and the Hire Fee is not redeemable by the client.
3c) The Bond is $100 for Garments with a Hire Fee of less than $250 or $200 for Garments with a Hire Fee of more than $250.
4. Freight / Express Post ($15 flat-rate per direction)
4a) For all Garments that are to be delivered in either direction (to and/or from the Client) a $15 freight charge per direction is payable by the Client either at the time that the booking is made, or when the garment is dispatched by ONS.
4b) If a freight charge cannot be successfully charged by ONS when due, the hire may not proceed and the Hire Fee is not redeemable by the client.
4c) Upon dispatch of the garment, the client will be emailed the Post tracking information.
4d) The Client will not take steps to void the “signature on delivery” requirement for their parcel, for example by acceptance of the “leave in a safe place” option on the online tracking link. If the Client breaches this term the Client takes full responsibility for any loss of garment/s.
4e) If ONS has agreed for the Client to return the hired Garment via Australia Post, the Client may only use the pre-paid return satchel which is provided by ONS and the Client must post the satchel, over the counter inside any Australia Post Office, before 3pm on the first business day following the Event Date. No Garments are to be posted in an Australia Post Box or any way other than described above. Australia Post will provide the Client a lodgement receipt for evidence of lodgement.
5. Hire Period and Late Fees
5a) Where the Garment has not been returned to ONS by the agreed method and/or by the Hire Return Due Date then ONS shall be entitled to charge additional fees. The Client authorises ONS to deduct such additional Hire Fees from the Client’s credit card previously provided by the Client during the hire process. Such additional charges shall be charged a fixed rate of 50% of the Hire Fee for each day overdue.
5b) If the Client pays ONS an amount equal to 200% of the retail value, as determined by ONS at its sole discretion, in late fees, the garment(s) is the Client’s to keep.
5c) 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 retail value, as determined by ONS at its sole discretion, minus any late fees and Bond that the Client has already paid.
6. Cleaning / Alteration
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 garment.
7. Title To Hired Garment/ Risk
7a) The Garment is and will at all times remain the absolute property of ONS nonetheless all risk for the Garment passes to the Client on pickup/delivery and the Client accepts full responsibility for the safekeeping of the Garment.
7b) If during the Hire Period the Garment gets lost, stolen or damaged beyond repair 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 garment in the market, the availability to purchase that garment in the market and the condition of the garment.
8a) The Client shall inspect the Garment on collection (or for Garments delivered to the Client, within 12 hours of electronic receipt of the delivery via Australia Post tracking and notify of any alleged defect, shortage in quantity, damage or 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 therefore may be subject to fair wear and tear (determined by ONS in its sole discretion).
9. Changes / Cancellations by client:
9a) The Hire Fees in connection with a Garment is strictly not refundable.
9b) For a Client to amend or cancel a booking they must send an email to email@example.com with their Full Name, Event Date and Garment details.
9c) ONS will issue a hire-credit in the following circumstances:
• For Garments booked for collection by the Client at an ONS Boutique location, the Client provides notice of cancellation to ONS in writing 7 days before the scheduled Event date; or
• For Garments booked for delivery to the Client by ONS Boutique, the Client provides notice of cancellation to ONS in writing 14 days before the scheduled Event date.
9d) Hires placed within the notice periods as outlined in Section 9c above are not able to be cancelled or amended.
9e) A hire-credit issued by ONS may be used within 4 months from the date of the cancellation request. That hire-credit will expire (if not used) at the end of that 4 month period.
9f) The hire-credit can not be split over multiple transactions and is strictly for use on one other future hire.
If the Client chooses a garment with a different Hire Fee and the Hire Fee of the newly chosen Garment is less than the hire-credit then the Client forfeits the difference in Hire Fees.
If the Client chooses a garment with a different Hire Fee and the Hire Fee of the newly chosen Garment is more than the hire-credit then the difference in hire fees is due by the client.
9g) A hire-credit may not be used on anything other than a future hire-fee (i.e. not on retail sales, bond charges or freight).
9h) Once a new hire is placed using a hire-credit, it is final and cannot be swapped/amended or cancelled for another hire-credit.
9i) A Hire Credit is non-transferrable to any new or existing Client of ONS and will remain under the original Client’s name.
10. Client’s Responsibilities
The Client shall:
• immediately notify ONS of any damage to the Garment that occurs during the Hire Period
• not alter or interfere with the garment (including cutting off hanging ribbon or amending the length of garment – temporary or otherwise).
• not apply self-tan within 48 hours before wearing the Garment (if a light coloured Garment)
• keep the Garment in their own possession and control during the Hire Period
• Remove any fashion tape prior to returning a garment
11. Cancellation by ONS
ONS may cancel these Terms or cancel the hire of a Garment at any time before the Hire period by giving verbal or 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
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 contained on this site (including all text, graphics, logos, audio and software/online or app mediums).
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.
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.
18. Returns Policy for items purchased (not hired).
18a) Please choose carefully. We will accept an exchange as long as goods are received by ONS (131-133 Auburn Road, Hawthorn, Victoria, 3122) within 7 days of delivery. The item must be returned in its original condition including packaging. ONS reserves the right to deny a return if the item/s are returned used, soiled, worn or damaged in any way and they will be returned to the sender. You will be notified via email if your item is not suitable for an exchange. The cost of return shipping is at the customer’s expense and is non-refundable. We recommend sending items through traceable mail.
18b) There are strictly no returns or exchanges on any items purchased at an ONS location or at onsboutique.com.au with any discount, including discount on shipping.