DSL Rental Agreement

Rental agreement

 

These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

 

Please read these terms and conditions carefully before you submit your order to us.

 

1.Interpretation

In this agreement:

‘We’ or ‘Us’ means Designer Style List Pty Ltd A.C.N 617 424 843 and its substitutes, successors and permitted assigns;

‘You’ means any person who enters this agreement personally or by an agent;

‘Goods’ means all apparel described on the Renter’s invoice and includes all accessories. Goods are available to be rented for either a four day period or an eight day period. Our Goods have been worn by other consumers prior to your rental. The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Goods. The Goods you rent may vary slightly from those images.

‘Rental period’ means the period beginning on the date the goods are delivered to the renter’s nominated address and ending on the date of the expiry of either the four day or eight day rental period as selected by the renter.

‘Rental Return Date’ means the date when the Rental Period expires.

‘Price’ means the owner’s published price which is current at the date this agreement is entered into;

‘Delivery Charge’ is the costs of delivery as displayed to you at the checkout screen.

 

2.Rental of goods

2.1 Our acceptance of your order will take place when we email you to accept it, at which point an agreement will come into existence between you and us. This agreement provides that:

We agree to rent the goods to you for the rental period and you agree to take the goods on hire for that period and to pay the rental charge set out in the price for the goods for that rental period, together with any applicable delivery charge, on the terms and conditions set out in this agreement. You are entitled to use the goods for the rental period and for any agreed extension of the rental period. You agree to return the goods to us at the end of the rental period.

2.2 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

2.3 If we are unable to accept your order, we will inform you of this via email and will not charge you for the rental of the goods. This might be because the particular item is already rented, or because your payment was declined or because we are unable to meet a delivery deadline you have specified.

2.4 Goods may not be rented to persons who are under the age of 18. This does not preclude a person over the age of 18 renting goods on behalf of a minor.

 

 

 

 

 

3.Payment for rental of goods

3.1 You agree to pay us the amount of the applicable rental charge for the goods you order as well as the applicable delivery charge.

3.2 You authorise us to complete any documents necessary or desirable to enable you to pay us for your order through a credit card system.

 

3.3 Payment is due immediately once you complete your order.

 

3.4 All monetary amounts on the Designer Style List website are expressed in Australian Dollars.

 

4. Delivery and return of rented goods

4.1 We will arrange delivery of the goods that you have ordered as soon as reasonably possible after we accept your order.

 

4.2 Our standard delivery times within the Sydney Metropolitan Region is 1 business day after dispatch. For other regions, it will take more than one business day which is out of our control. You must factor this in when ordering your goods. If delivery is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will, where we can, take steps to minimise the effect of the delay.

 

4.3 You accept delivery of your order by signing for it. Once you do so you assume responsibility for the goods.

 

4.4 It is your responsibility to ensure you can accept delivery of the goods when delivered to your nominated address and you will be asked to sign for the goods when delivered to you. If for any reason any goods are not successfully delivered to you because you were not available to take delivery, you will be notified via email and SMS where to locally pick up your goods. Where there is no collection point in your area, the courier will leave a calling card.

 

4.5 Any delivery date we communicate to you is an approximate only and you must still accept delivery of the goods even if not delivered on the approximate date.

 

4.6 You will return the goods at the end of the rental period using the prepaid Australia Post satchel that we provided with your order.

 

4.7 We will need certain information from you so that we can arrange delivery of your order to you, for example, your mobile telephone number and your delivery address. If you do not give us this information or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying your order late if this is caused by you not giving us the information we need.

 

5.Your warranties

5.1 You warrant that:

  1. the particulars you enter on the order form are correct in every respect and are not misleading in anyway including, without limitation, by omission;
  2. you will not breach any copyright or other restriction in relation to or in connection with, the goods;
  3. you are over 18 years old;
  4. you are authorised to use the chosen method of payment for renting the ordered goods;
  5. in selecting the goods you have not relied on our skill and judgment or on any representations made by us or on our behalf. You also agree that the goods comply with their description, are in merchantable condition and are fit for your purpose;

 

6. Fitting and Returns

6.1 Rented goods may be returned unworn if they do not fit. You will receive a refund minus delivery charges if such goods are returned within 24 hours. To obtain this refund you must send an email to hello@designerstylelist.com.au indicating their intention to mail back the goods for a refund.

 

Please note:

  1. Returns for a refund will not be accepted if the security tag has been removed from the goods;
  2. Whether goods are “unworn” will be determined by us and must be assessed as such prior to the refund being issued;
  3. A refund will only be issued if we assess all goods in the order as unworn.

 

6.2 In all other circumstances, if goods do not provide a perfect fit, we will endeavour to send you   alternate goods of similar style or different size. This will be subject to the availability of:

  1. such alternate goods; and
  2. timely courier service (must be within the Express network and dependent on confirmation from Australia Post);

 

  • If, for any reason, we are unable to send an alternative size or style we will give you a refund of the payment made on your order less delivery charges.

 

  • We will refund you any amount due to you, by the method you used for pay for your order.

 

7. Overdue returns

7.1 If an item of goods is not returned by the rental return date then you will incur a late return charge of $30.00 per day for each day such item until returned.

 

7.2 You authorise us to charge this fee to your credit card.

 

Public holidays or weekends are not included when working out the number of days an item is overdue.

 

7.3 The maximum late return charge that can be incurred is capped at 150% of the replacement value of the overdue item.

 

8. Cancellation Policy

8.1 If you cancel your order Fourteen (14) or more days in advance of the delivery date, you will not incur a cancellation fee and will receive a full refund of the payment made on your order.

 

8.2 If you cancel your order within Fourteen (14) days of the delivery date you will incur a $20.00 cancellation fee and will receive a refund of the payment you made on your order minus the $20.00 cancellation fee.

 

 

 

 

 

9.Your obligations

9.1 At all times:

  1. You must give us at least five (5) business days written notice of any change in your details (including but not limited to: changes in your delivery address, contact number and pick up address).
  2. You will be liable for any loss we suffer as a result of your failure to give us the above notice.

 

9.2 Once the goods are delivered to you, you will:

  1. keep the goods in first class condition and only use them as they would be used by a careful and prudent owner. For example You will not attempt to fit into a dress that is too small for you, you will not try and zip up a dress that is too tight and therefore damage the zip;
  2. report any damage to, or loss of, the goods to the owner immediately such damage or loss occurs;
  3. be liable for any breach of this agreement including, among other things, any damage to the goods due to fire, major stains, theft or loss;
  4. indemnify us for any loss (including legal costs) we suffer in relation to any breach of this agreement and for any liability arising out of any such breach. For example, if you return an item and it is damaged beyond normal wear and tear then you will be liable, for the price of repairing the item or if the item is unable to be repaired you will be liable for the cost of replacing it.

 

The following considerations apply to this indemnity:

  1. We provide for damage insurance to the value of fifty dollars ($50) to cover minor damage and/or staining. If we assess that the damage will be greater than fifty dollars ($50), you will be liable for the difference between the total cost of repairs and the fifty dollars ($50) insurance coverage; and
  2. Normal wear and tear is considered minor stains which can be removed in dry cleaning, small seam rips, missing beads and sequins, stuck zippers.

 

 

10.Exclusion of liability

10.1 We are not responsible for any health‐related issues associated with goods rented from our site. You wear the goods at your own risk.

 

 

11.Title to goods

11.1 You acknowledge that we retain title to the goods and that you have rights to possess the goods as a mere bailee only. You do not have any right to pledge our credit in connection with the goods and agrees not to do so. You also agrees not to attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the goods and not to conceal or alter the goods or make any addition or alteration to, or repair of, the goods.

 

12.No waiver

12.1 Time is of the essence of this agreement, except that no delay on our part in exercising any right or power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.

13.Dry Cleaning

13.1 We dry clean and inspect all Goods with the upmost of care prior to renting.

 

14. Collection

14.1 If you do not pay the amounts owed to us when due we will pass on the invoices to a collection company to pursue you for collection of any amount you owe, including and without limitation attorney and collection fees.

 

15. Email

15.1 We will use the information from your order to send you email marketing on occasion. We don’t however pass on any of your detail including your email address to any other companies or corporations.

 

15.2 You may opt out of receiving those emails by emailing hello@designerstylelist.com.au or clicking on Unsubscribe

 

16. Entire Agreement

16.1 This agreement contains all of the terms and conditions regarding your rental of goods from us. You agree that this agreement is subject to our website terms of use. These can be accessed on our website at www.designerstylelist.com.au and are subject to change from time to time.

17.Variation

17.1 This rental agreement may be varied in writing between you and us.

 

18.Governing law

18.1 This agreement is governed by the laws of New South Wales.

19.How we will use your personal information.

19.1 We will use the personal information you provide to us:

  1. to supply the products to you;
  2. to process your payment for the products; and
  3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.