Terms of Use

The website www.rentadressaustralia.com (Site) is operated by Rent a Dress Pty Ltd (ACN 662 148 923).

Please read these Terms of Use ("agreement", "terms of use", “terms”) carefully before using the Site and services offered by Rent a Dress and any of its subsidiaries (collectively, Rent a Dress, we, us, and our).

Your access and use of the Site is conditional upon your acceptance and compliance with our Terms of Use, notices and disclaimers contained here and elsewhere on the Site. Failure to read or abide by our Terms of Use is your misdoing, not the responsibility of Rent a Dress. Our Terms of Use applies to all users of the Site, including, without limitation, users who are vendors, lenders, customers, visitors, merchants and contributors of contents. In addition to acceptance of our Terms, you agree to comply with all Australian and local laws regarding online conduct and acceptable content.

Rent a Dress reserves the right to amend these Terms at any time without prior notice. Your continued use of the Site after such changes have been made shall constitute your acceptance of such amendments.

If you object to any of the Terms, or any amendments, your only recourse is to immediately discontinue your use of the Site.

Violation of the Terms may result in Rent a Dress immediately terminating your right to use and access the Site.

If any provision of the Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.

DISCONTIUATION AND INTERRUPTION OF SERVICE

Rent a Dress reserves the right to modify or terminate the Rent a Dress service for any reason, without notice, at any time.

 

LIMITATION OF LIABILITY

To the fullest extent permitted by law, Rent a Dress, Rent a Dress’s Personnel and any third parties mentioned on the Site are not liable for any loss or damage whatsoever (including without limitation, direct, indirect, incidental, special and/or consequential damages or lost profits) resulting from any use or access of, or any inability to use or access the Site.

 

USER ELIGABILITY

Our Site and subsequent services are available only for individuals eighteen (18) years or older who can form legally binding contracts under applicable law. By using the Site, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

Rent a Dress may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

 

ACCOUNT SECURITY

You must keep your account information up-to-date and accurate at all times. You agree to keep your password secure at all times and are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Rent a Dress of any unauthorised use of your password or any breach of security. You also agree that Rent a Dress cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Rent a Dress without Rent a Dress’ express written permission.

You may not transfer or sell your Rent a Dress account to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to the Terms of Use.

 

RIGHT TO REFUSE SERVICE

We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Rent a Dress reserves the right to refuse service to anyone, for any reason, at any time. We further reserve the right to temporarily or indefinitely suspended Rent a Dress users. We may, without notice, delay or immediately remove Content, warn Rent a Dress’ community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, take technical and legal steps to keep a user off the Site and refuse to provide services to a user.

If you believe a user is breaching our Terms of Use, please contact us directly.

 

GST AND TAX REQUIREMENTS

You are responsible for all applicable taxes resulting from use of the Site. All prices are in Australian Dollars (AUD) and are inclusive of GST except where otherwise noted.

Under the Australian Goods and Services Tax Ruling GSTR 2000/37, Rent a Dress acts as an agent for the vendor and facilitates agency sales in return for an agreed amount paid through a GST-inclusive commission.

Lenders registered or required to be registered for GST under the A New Tax System (Goods and Services Tax) Act 1999 agree that it is their responsibility to ensure the price advertised for their garment is inclusive of GST, the inclusion of GST is noted, and that this GST is collected by them.

GST-registered lenders are responsible for paying GST on the total rental transaction price to the Australian Taxation Office. They will then be able to claim a GST credit for the GST component of the commission paid to Rent a Dress.

We recommend you always seek professional advice regarding your GST and taxation requirements.

 

Example

Emily is a GST-registered vendor who engages Rent a Dress as an agent to sell clothing rentals on her behalf.

Emily charges $99 (including GST) for each rental. Rent a Dress charges Emily a GST-inclusive commission of 15% ($14.85) for every rental they sell on her behalf.

For every rental sold, Emily pays GST of $9 to the Australian Taxation Office ($99/11 = $9) and claims a GST credit of $1.35 ($14.85/11 = $1.35) for the GST component of the commission she pays to Rent a Dress.

 

PRODUCT ADVERTISEMENT

By uploading a product on our Site, you warrant that you and all aspects of the item comply with our Terms of Use. You also warrant that you have the legal rights to rent out the item. You must accurately describe your item and your products may only include text descriptions, graphics, pictures, and other content relevant to the rental sale of that item.

 

CONTENT UPLOAD

Rent a Dress does not take responsibility for any content uploaded by lenders on our site.

You must always abide by Australian photographic and copyright laws and regulations. You agree to only upload images on our website that you have ownership of or the express written permission to use. You may not post content on the Site that violates another person or organisation’s intellectual property rights, including copyright and trademark.

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, upload, post, or display on or via Rent a Dress.

You represent and warrant that:

  1. You own the Content posted by you on or through the Site or otherwise have the right to grant the rights and licenses set forth in these Terms of Use;
  2. The posting and use of your Content on or through the Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
  3. You agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Site; and
  4. You have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

You agree that Rent a Dress is not responsible for, and does not endorse, Content posted within the Service.  Furthermore, you agree not to upload any Content to the Site (or consummate any transaction that was initiated using Rent a Dress’ service) that could cause Rent a Dress to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Rent a Dress does not have any obligation to pre-screen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content. If you repeatedly infringe other people’s intellectual property rights, we reserve the right to refuse service to you. We further reserve the right to immediately terminate your right to use and access the Site.

Rent a Dress will assist in the removal of any imagery that violates Australian photographic and copyright laws and regulations. Please allow 48 hours for us to remove content once it has been reported.

By posting Content on Rent a Dress, it is possible for an outside website or a third party to re-post that Content. You agree to hold Rent a Dress harmless for any dispute concerning this use.

Rent a Dress reserves the right to use any Content posted on the Site for the continued operations of the Site. This includes, but is not limited, the use of imagery on marketing material and social media platforms.

We do not claim ownership rights in your Content. You grant Rent a Dress a license solely to enable Rent a Dress to use any information or Content you supply us with, so that Rent a Dress is not violating any rights you might have in that Content. You grant Rent a Dress a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Rent a Dress to store or re-format your Content on Rent a Dress and its subsidiaries, such as social media platforms and marketing material, and display your Content on Rent a Dress in any way as Rent a Dress chooses. Rent a Dress will only use personal information in accordance with Rent a Dress’ Terms of Service.

Rent a Dress is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Rent a Dress does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Rent a Dress shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Rent a Dress reserves the right to amend or remove any Content uploaded by a user. This includes, but is not limited to, amending products in a manner that does not materially alter the accurate representation of the item. For example, Rent a Dress may amend an item description or edit a filter selection (such as colour chosen) to better represent and market your item on the Site.

 

CANCELLATION POLICY

Cancellation by Customer

Booking an item for a specific date immediately excludes other users from securing that item on that date. As such, restrictions to cancellations are applicable.

A renter who cancels their booking at least 14 days prior to the commencement of their rental period will be eligible for a full refund, minus the initial payment processing fee* incurred by the Site. Cancellations made within 14 days of the hire period are non-refundable. All bookings made within 14 days of the hire period are non-refundable.

A renter is not eligible for a refund for cancellation of a rental period within 14 days of the rental commencement under any circumstance unless otherwise outlined in our exceptional refund policy. This includes change of mind, size and fit issues, item’s that do not suit etc.

The estimated payment processing fee is 1.75% (of the order total) + $0.30 AUD per transaction when using an Australian credit or debit card. Non-Australian issued cards are subject to 3.25% + $0.30 AUD per transaction + 2% currency conversion fee. Please note this is an estimate only and is subject to change at anytime.

 

Exceptional Refund Policy

There are exceptional circumstances where Rent a Dress may deem an exceptional refund for cancellations within 14 days of the hire period. These situations are determined on a case-by-case basis but may include the following circumstances:

  • Death in the family
  • Serious illness or serious illness in the family
  • Natural disaster or political unrest

Furthermore, a renter may be entitled to a full refund if the rental transaction is not fulfilled as per the initial booking requirements. These may include:

  • The garment is not provided to the renter in time for their event
  • The garment is remarkably different to the item advertised
  • The garment is provided in an unacceptable condition

If you believe you are entitled to a refund, please contact Rent a Dress immediately. We may be unable to assist with a refund if you contact us after your rental transaction period, or do not return the garment by the scheduled return date.

 

Cancellation by Vendor

A vendor should not cancel any bookings. It is only in an extenuating circumstance that a vendor reserves the right to cancel a booking. Cancellation requests by the vendor are approved at Rent a Dress’s discretion and will be contingent on proper documentation. These circumstances may include:

  • Damage to the garment
  • Death in the family
  • Serious illness or serious illness in the family
  • Natural disaster or political unrest
  • Delay of the garment’s return by a previous renter

The vendor will be required to cover the cost of the initial payment processing fee of the order. Additional cancellation penalties may apply for any vendor who cancels a confirmed booking without the direct approval of Rent a Dress. These penalties may include any reasonable fees as determined by us. Recurrent cases of a vendor’s inability to meet a rental period due to outdated availability calendar may further result in penalty charges. At minimum, the vendor will be subject to the payment processing fees incurred in the rental transaction.

If you need to cancel an upcoming rental, please contact us immediately.

 

Cancellation by Rent a Dress

Please be aware that Rent a Dress reserves the right to cancel an order at anytime. In these situations the vendor and customer will be appropriately notified and the customer refunded. Rent a Dress further reserves the right to cancel an order that will not make it to a customer in time. It is the customer’s responsibility to ensure they take into consideration postage delivery times when booking an order. This particularly applies to customers living in rural locations where postage takes longer. In these circumstances, Rent a Dress may cancel the order and refund the customer, but will require the customer to cover the transaction fee covered by our payment gateway provider at the time of booking. If you are unsure about delivery times, please reach out to us before placing your order.

 

PRIVACY POLICY

Our privacy policy is available here.

 

CLEANING OF AN ITEM

The vendor is responsible for the cleaning of any hired item. Rent a Dress requires all vendors to appropriately clean rental garments upon conclusion of a rental, prior to any future bookings. The way in which an item is cleaned is at the discretion of the vendor and may depend upon the care instructions provided for the garment. However, all items should be provided to customers in a clean and sanitary condition.

 

RETURN OF AN ITEM

A customer must lodge the return of their hired item/s no later than 12pm on the last day of the rental period. A customer must lodge the return through Australia Post using the satchel provided with the rental. A customer may lodge the return by handing the parcel into any Australia Post office or placing the parcel in a Yellow Express Post Box. Please do not use a Red Post Box. This will delay the return of the item as it will be sent via regular post instead of express.

 

Late Fees

You agree to be held liable for any losses incurred by the vendor for delayed or inconclusive returns due to any negligent behaviour or breach of the above Terms of Use. Negligent behaviour includes, but is not limited to:

  • Failure to lodge the return with Australia Post by the required return date
    • This deadline is 12pm on the last day of your rental period*
  • Lodging the parcel in a Red, Regular Post Box
  • Failure to lodge the item at all
  • Failure to sign the Aviation Security and Dangerous Goods Declaration causing a delay in delivery
  • Lodging the parcel using a satchel that was not provided by the vendor or Rent a Dress

*If the last day of your rental period falls on a Sunday or public holiday, your return date is extended until 12pm the next business day.

Late fees are determined by Rent a Dress depending on the circumstances of the delay. Late fees may be calculated as a per day fee equivalent to the daily rental fee of the item, the cancellation costs incurred by the vendor having to cancel an upcoming rental etc. Late fees will never exceed the RRP of the garment.

Late fees are applicable only in circumstances where a garment is delivered back to a vendor later than the expected return date, due to negligent behaviour of the customer. A customer is not liable for any delays to returns that are outside of their control, such as unexpected delays by Australia Post.

 

Failure to Return

The customer agrees that Rent a Dress reserves the right to seek the full Recommended Retail Price of any garment that is not returned to the lender.

In the instance where the return tracking for the rental has updated to confirm the item has been posted in the required time frame, but lost in transit, the customer will not be liable for this loss. However, if the return tracking for the parcel has not been scanned to confirm the item has been posted back to the lender, it will be determined that the item has not been returned and the customer will be liable. For this reason we strongly recommend customers post their returns over the counter and receive a proof of lodgement from Australia Post.

 

CONDITION OF AN ITEM

A vendor agrees only to offer products for rent that meet the acceptable standards of Rent a Dress as outlined in our Terms of Use. Items must be provided to a customer in an appropriate and wearable condition. You accept that items may not be provided in new condition like new, or excellent condition, but should be provided in good condition.

Small damages are acceptable and expected in rental items, provided they do not materially alter the item. For example, small stains that are hidden or not very noticeable, would be considered acceptable. Examples of this include, but are not limited to stains that are on the inside of a garment, at a bottom hem, under an armpit or not noticeable unless up close. Another example of acceptable minor damage may include pulls, pilling and loose threads.

A customer has the right to dispute an item’s condition, if a reasonable person, in this position, would also view the item as unwearable. If you receive an item that you believe is not in an appropriate condition, please contact Rent a Dress immediately. Please provide an explanation of the damage and images/evidence of the damage to support your claims. All disputes of an item’s condition should be lodged to Rent a Dress within 24 hours of receipt of the item. We may be unable to assist with damage claims made after this time.

All condition disputes are managed on a case-by-case basis. Rent a Dress will determine an appropriate outcome for both the vendor and the customer, depending on the condition of the item and the specific situation. Both the owner and customer agree that Rent a Dress holds the authority to provide a ruling on the situation and will adhere to the proposed solution.

In the circumstance that an item is determined by Rent a Dress as unacceptable, a vendor agrees to provide a full refund of all fees received for the rental to Rent a Dress for distribution to the customer.

 

DAMAGE TO AN ITEM

Customers accept total liability for any item received during a rental transaction for the entire possession period. The possession period of an item commences immediately upon delivery of the item by Australia Post. The possession period concludes upon lodgement of the return of the garment by the customer. The possession period includes any point of time where the item is not with the customer, including circumstances where damages occur to an item upon or after delivery, even if the customer is not present and has not yet physically collected/received the delivery.

The customer agrees that any damage or substantial change to the item and its condition is their liability, and they may be required to pay for any damages incurred. These damages will be determined by Rent a Dress depending on the circumstances of the situation and subsequent damage/s. These fees will not exceed the Recommended Retail Price (RRP) of the item or initial purchase price of the item by the vendor (whichever is higher).

 

MISSING OR DELAYED ITEMS

The lender agrees that they hold responsibility for any rental that does not arrive to a customer in the required time frame, unless it is determined that the delay occurred due to an invalid shipping address or delivery issue. The lender agrees the customer will be entitled to a full refund of the item if it does not arrive in the appropriate time, and the order is not classified as a ‘Last Minute Order’ by Rent a Dress. If the lender has already been paid by Rent a Dress for the missing or delayed order, the lender agrees to immediately refund the payment to Rent a Dress. The lender further agrees to pay any payment processing fees that cannot be recouped by Rent a Dress for the order.

Shipping Address and Delivery Issues

In circumstances where the item has been delayed due to an invalid shipping address being provided by the customer, or where delivery was unsuccessful, then the customer will be liable for the order and will not be entitled to a refund. Unsuccessful delivery circumstances include, but are not limited to, situations where a delivery has been attempted by Australia Post in an appropriate time frame, but could not be achieved due to inability to leave the item in a safe place or inability to gain access to the premise. It is the responsibility of the customer to ensure they provide an appropriate delivery address for their order, that will allow for successful delivery in a reasonable time frame.

Last Minute Orders

The customer agrees that they may not be eligible for a full refund if their order does not arrive in the required time frame, but is classified as  a ‘last minute order’ by Rent a Dress. In these circumstances, the customer will be entitled to a partial refund of their order. This partial refund will amount to the full cost of the order, minus the charged shipping fee and incurred payment processing fees. The lender agrees that they will be entitled to shipping fees only for the order, and will not receive the full commission. Orders are classified as last minute orders at the discretion of Rent a Dress and depend on the individual circumstances of the order.

Last minute orders may include, but are not limited to, situations where:

  • the customer placed the order within one week of the requested start date
  • the lender has been unable to post the rental any earlier due to the placement date of the order
  • the lender posts the rental the same day or next business day after receiving the order

 

MISREPRESENTED ITEMS

The lender agrees to accurately represent their products at all times. If the item is found to be materially different to it’s advertisement, the customer will be entitled to a full refund. For example, if the product is displayed as a labelled size ‘8’, and a labelled size ‘6’ is received by the customer, the customer can request a refund. The lender will be responsible for providing a full refund to Rent a Dress if they have already received payment for the order, and may be required to pay any payment processing fees incurred by Rent a Dress for the order.

 

PENALTY FEES

Rent a Dress reserves the right to charge penalty fees to any user of the Site who does not comply with our Terms of Use. These fees are charged and collected in circumstances where a breach by the user has caused material damage to Rent a Dress or another user of the Site. For example, in the circumstance where a customer damages an item, Rent a Dress may request a penalty fee for the rectification of the damage, or compensation for the loss of value to the item.

Furthermore, we reserve the right to request a refund of any fees paid out to a vendor in the circumstances where the transaction generating those fees could not be appropriately fulfilled. This includes, but is not limited to, circumstances where an item is provided to a customer late or in unacceptable condition.

You agree to pay all penalty fees to Rent a Dress within 48 hours of the request being made. Failure to comply will result in further action being taken.

 

COLLECTION OF DAMAGES

There are many instances where Rent a Dress reserves the right to charge additional fees to the vendor or customer, in line with our Terms of Use. Any person who is charged additional fees is considered the ‘Breached Party’. Any person for whom Rent a Dress is seeking damages, is considered the ‘Damaged Party’.

If you are charged additional fees, you agree to pay any and all fees to Rent a Dress within 48 hours of the request being made.

When seeking damages on your behalf, you agree that Rent a Dress will do its upmost to recover these costs from the Breached Party. However, you acknowledge that despite best efforts, we may not be able to recover these costs at all times. In these instances, Rent a Dress will not be held responsible for any funds that are not recovered and the responsibility to recover these funds will fall to the Damaged Party.

 

LENDER PAYMENT

It is a lender’s responsibility to ensure their bank details are correct at all times. You agree that Rent a Dress will not be held responsible for any funds that are not successfully transferred to the lender due to incorrect bank details being provided. In circumstances where Rent a Dress has already deposited funds into an account, you agree that Rent a Dress has accurately and completely fulfilled their payment obligations for the order in question and may be unable to assist with the refund and redirection of those funds if the information you have provided is invalid or incorrect.

 

MISCELLANOUS

All rights not expressly granted in this document are reserved.

Rent a Dress may licence, subcontract and/or assign all or any part of its rights and/or obligations under these Terms without your consent. You cannot licence, subcontract or assign without the written approval of Rent a Dress.

The Terms are governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria, Australia.