Terms & Conditions
This website is operated by Alexandra Osmond ABN 249 527 390 08 trading as Her Wardrobe (Her Wardrobe, We, Us). These terms and conditions (Terms) apply to the use of this website and any Services provided through the website with the domain name http://herwardrobe.com.au (Website). These Terms comprise the entire agreement between Her Wardrobe and You in relation to use of the Services and create a binding legal contract between You and Her Wardrobe. Her Wardrobe recommends that You read these Terms carefully. Your use of this Website, and any provision of Services through it, are subject to these Terms and all applicable laws. By using this Website in any manner, including but not limited to visiting or browsing the Website, You agree to be bound by these Terms, including those additional terms and conditions and policies referred to herein and/or available by hyperlink. These Terms apply to all users of the Website. If You do not understand or accept these Terms, You must exit this Website immediately.
2. DEFINITIONS AND INTERPRETATION
In these Terms:
Content means any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials;
Garments means garments and/or fashion accessories;
GST means the goods and services tax as imposed by the GST Law;
GST Law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time and any regulation made under that Act;
Liability means liability in or for breach of contract, breach of duty, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any clause of these Terms;
Member means a user of the Website who has applied and has been approved by Her Wardrobe as a member;
Order means an order to rent Garments through the Rent Section using gift cards or cash;
Services means all or any of the services provided by Her Wardrobe via the Website (or via other electronic communication from Her Wardrobe) including information services, content and transaction capabilities on the Website;
Third Parties’ Sites means websites operated by third parties and available through or linked to the Website;
You or Your means a user, member, visitor of the Website and includes Her Wardrobe’s customers and members.
In these Terms, unless the context requires otherwise:
(a) words importing the singular include the plural and vice versa;
(b) words importing any gender includes the other genders;
(c) references to persons include corporations and bodies corporate;
(d) references to a person include the legal personal representatives, successors and permitted assigns of that person;
(e) a reference to legislation includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(f) references to this or any other document include the documents as varied or replaced;
(g) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes telex, facsimile transmissions and electronic mail;
(h) references to mail includes information sent or received by facsimile or electronic transmission;
(i) an obligation imposed on two or more persons shall bind them jointly and severally;
(j) if a word or phrase is defined, cognate words and phrases having corresponding definitions; and
(k) headings are inserted for convenience only and do not affect the interpretation of these Terms.
3. AMENDMENTS TO TERMS
Her Wardrobe reserves the right to amend these Terms from time to time. Amendments will be effective immediately upon their being posted on this Website. Although Her Wardrobe will endeavour to notify members of changes to these Terms prior to the changes occurring, it is Your responsibility to regularly check this page for any changes. Your continued use of the Website will amount to an agreement by You to be bound by the Terms as amended from time to time.
4. REGISTRATION AND MEMBERSHIP
4.1 Use of Website
You do not need to register to use much of the functionality of the Website or access much of the Services. However, You must register in order to rent garments on the Website.
The registration process will require You to provide Your name, contact details, email address and delivery address. If at the time of registration, You want to place an Order, You will be required to supply credit card details and address where the card is registered. You will also be required to confirm Your acceptance of these Terms. Membership is free, but non-transferable.
4.3 Password and Her Wardrobe account
Once You have completed the registration process, Your login details will be the email address and password you have selected. You agree to keep Your password secure. You are fully responsible for all loss and damage resulting from Your failure to protect Your password. You agree to immediately notify Her Wardrobe of any unauthorised use of Your password or any breach of security. You also agree that Her Wardrobe is not liable for any loss or damage arising from Your failure to keep Your password secure. You agree not to provide Your username and/or password information to any other person other than Her Wardrobe without Her Wardrobe’s express written permission.
In registering and providing Your details, You represent and warrant to Her Wardrobe that:
(a) You are at least 18 years old and have the power and authority to enter into a binding contract with Her Wardrobe and with Her Wardrobe’s suppliers;
the information provided by You is true, accurate, current, and complete; and
(b) You will maintain and promptly update this information to keep it true, accurate, current and complete.
4.4 Termination of Membership
Her Wardrobe reserves the right to terminate Your membership at any time and for any reason including if Her Wardrobe believes that You have breached any of these Terms, or that any of the information that You have submitted to us is untrue.
5. RENTING FROM HER WARDROBE
Her Wardrobe is an online catalogue of Garments in which Members can rent Garments from Her Wardrobe by making cash payments.
(b) Renting Garments
Her Wardrobe provides a live online calendar on its Website which shows the availability of Garments. You can rent from Her Wardrobe by selecting a Garment and making an Order to rent the Garment for Your nominated dates by clicking “Add to Cart”.
By clicking “Add to Cart”, You agree to pay all fees and charges associated with the rental of the Garment. When You place an Order and the Order is accepted, You will receive an acknowledgement e-mail confirming receipt of Your Order. The fees and charges to rent the Garment will include but are not limited to the rental fee, delivery charges and GST (Rental Charges).
If You have a Gift Card, You may elect to use the this to pay part or all of the Rental Charges. Any additional payment of a monetary amount required to rent a Garment must be paid using an approved credit card or Paypal account at the time of booking. Her Wardrobe reserves the right to charge a fee for use of certain credit cards.
If the Garment becomes unavailable (due to damage or late return by another Member), Her Wardrobe will notify You as soon as reasonably possible. In that event, You can either rent another Garment or have the debited funds remitted to Your credit card or to Your account (whichever is applicable).
Despite Her Wardrobe’s reasonable efforts, prices and/or information for Garments may be listed incorrectly. Her Wardrobe reserves the right at any time to cancel the transaction, notwithstanding that Your Order has been confirmed and Your credit card has been charged. In such circumstances, any debited funds will be remitted to Your credit card or to Your account (whichever is applicable).
(d) Delivery of Garments
Her Wardrobe will arrange for the delivery of the Garments to the delivery address nominated by You (Delivery Address). Risk in the Garment passes to You upon delivery to the Delivery Address and terminates upon receipt of the Garment from You by Her Wardrobe. All delivery dates and times provided by Her Wardrobe are estimates only. You agree that no delay will not entitle You to terminate the Order and/or to claim for any consequential loss or damage. Her Wardrobe may refuse delivery of the Garment if it reasonably considers the Delivery Address to be too remote or inaccessible.
(e) Lost, Stolen or Damaged Garments
When Garments are returned damaged or soiled, Her Wardrobe may at its sole discretion repair and/or clean the Garments and charge You for those repairs and/or cleaning. If Her Wardrobe considers the Garments to be beyond economical repair and/or cleaning, Her Wardrobe will charge You the full replacement value of the Garments. The replacement value of the garment will be advertised when borrowing, and by accepting the terms and conditions when You place your order, You agree to the replacement value if the Garment is lost of damaged.
If the Garments are lost or stolen whilst within Your possession or control, You will be charged the full replacement value of the Garments, as well as all applicable charges. You authorise Her Wardrobe to charge any additional charges to Your credit card if the Garments are returned late, damaged, lost, soiled, stolen and/or unreturned.
If the Garments do not accord with Your Order or if it is alleged that they are defective or damaged, You must notify Her Wardrobe of any claim within 2 hours after receipt of the Garments. Where Garments are defective or damaged, Her Wardrobe may, at its sole discretion, request for the return of those Garments and provide You with a Credit to the value of the Rental Charges, and/or charge back to your credit card the amount charged for borrowing, provided always that the Garments have not been worn, used or soiled or otherwise further damaged.
(f) Late Return of Garments
The Her Wardrobe rental period is four (4) days or (8) days (the first day being the date of attempted delivery of the Garments to You). If You choose to keep the Garments for more than your nominated rental period, then You will be charged an amount equivalent to the Rental Charges for every four (4) day period or part thereof for which the Garments are not returned to Her Wardrobe.
You must ensure that the Garments are returned to Her Wardrobe:
(i) by the date advised by Her Wardrobe;
(ii) in the same condition delivered to You (excluding fair wear and tear); and
(iii) using the pre-paid return postage envelope or other means provided to You by Her Wardrobe.
As part of Her Wardrobe’s service to You, if You have any problem concerning Your Order (whether as to quality, fitness for purpose, delivery, quality, quantity or otherwise of the supplied Garments), You should direct Your complains and enquiries to Her Wardrobe.
Notwithstanding clause 6.2(a), to the extent permitted by law, You hereby release, discharge, and shall defend, indemnify and hold harmless Her Wardrobe, its officers, employees, servants and agents from and against any and all damage, loss, cost, expense or liability incurred by, and/or any claims or demands (including the cost of defending or settling any action, claim or demand) (Claims) against Her Wardrobe its servants or agents arising or resulting from:
(a) any Liability You may suffer;
(b) any dissatisfaction with or dispute concerning any Garment; or
(c) the failure or alleged failure of any Garments redeemed to satisfy any law, regulation, condition, warranty or other representation (whether such condition, warranty or representation is express or implied).
Despite Her Wardrobe’s reasonable efforts, prices and information may be listed incorrectly. Her Wardrobe reserves the right at any time to cancel the transaction, notwithstanding that Your Order has been confirmed and Your credit card has been charged. In such circumstances, any debited funds will be remitted to Your credit card or to Your account (whichever is applicable).
8.1 Specific warnings
You agree to use the Website for lawful purposes only. You must ensure that Your access to the Website is not illegal or prohibited by any laws that apply to You. You must take Your own precautions to ensure that the process that You employ for accessing the Website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. For the removal of doubt We do not accept responsibility for any interference or damage to any computer system that arises in connection with Your use of the Website or any linked Website.
You must indemnify us and our related bodies corporate and our officers and employees against any claim by a third party arising out of a breach of these Terms either by You or by any person using Your account.
8.3 Identity of other users
You acknowledge that We cannot confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person. Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ Websites) rests solely with the advertisers. The placement of such advertisements does not constitute an endorsement by Her Wardrobe of the advertisers’ products or services, and each advertiser is solely responsible for any representations made in connection with its advertisement.
Copyright in all of the contents of the Website (including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to Her Wardrobe. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in Your location, and except as expressly authorised by these Terms, You may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any information or thing available from the Website; or
(b) commercialise any information, products or services available or obtained from the Website, without our written
8.5 Trade marks
Except where otherwise specified, any word or device to which is attached the ® symbol is a registered trade mark.
If You use any of Our trade marks (whether registered or unregistered) in reference to our activities, products or services, You must include a statement attributing that trade mark to us. You must not use any of our trade marks (whether registered or unregistered):
(a) in, or as the whole or part of, Your own trade marks;
(b) in any manner that may diminish our rights in the trade marks;
(c) in connection with activities, products or services that are not Ours;
(d) in a manner that may be confusing, misleading or deceptive; or
(e) in a manner that disparages us or our information, products or services (including this Website).
8.6 Restricted use
Unless We agree otherwise in writing, You are provided with access to this Website only for Your personal use. You are authorised to print a copy of any information contained on this Website for Your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, You may not without our written permission on-sell information obtained from this Website or use it for commercial purposes.
You must ensure that Your access to this Website is not illegal or prohibited by any laws which apply to You or which apply in the location from which You are accessing this Website.
8.7 Linked websites
8.8 Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst We strive to protect such information, We do not warrant and cannot ensure the security of any information that You transmit to us. Accordingly, any information that You transmit to us is transmitted at Your own risk. Nevertheless, once We receive Your transmission, We will take reasonable steps to preserve the security of such information.
8.9 Termination of access
Access to this Website may be terminated at any time by Us without notice. Our disclaimer will nevertheless survive any such termination.
8.10 Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are at Your own risk and solely between You and such advertiser. You agree that Her Wardrobe shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. Responsibility for the content of advertisements appearing on this Website (including links to advertisers’ own Websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services, and each advertiser is solely responsible for any representations made in connection with its advertisement.
8.11 Limitation of Liability
To the extent permitted by the law, Her Wardrobe expressly excludes all conditions and warranties. Where legislation implies any condition or warranty (a non-excludable term), and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of or liability under such a non-excludable term, that non-excludable term is deemed to be included in these Terms, however Her Wardrobe’s liability for any breach of that non-excludable term is limited, at Her Wardrobe’s option, to the supply of equivalent goods or services, or paying the cost of supplying equivalent goods or services. Her Wardrobe is not liable in respect of any indirect, punitive, special, incidental or consequential damage in connection with or arising out of a breach of these Terms (including for loss of profits, use, data, or other economic advantage) that may be suffered or incurred in respect of a failure or omission on the part of Her Wardrobe to comply with its obligations under these Terms.
You must notify Her Wardrobe within seven (7) days of the date of any disputed invoice or account. If You dispute an invoice or account You must continue to pay all other undisputed invoices and accounts and must not set off, suspend or withhold payment of them.
You agree to Her Wardrobe giving information about You to any person, including any of Her Wardrobe’s agents or contractors for the purpose of service provision and management and for marketing (direct and other kinds), planning, risk assessment, product development and research purposes. You acknowledge that this information may include details in these Terms, particulars identifying You, Your account with Her Wardrobe (and information concerning this account), details of Your use of the Website and Service and details of Your credit worthiness, credit history and credit capacity. You acknowledge that Her Wardrobe may disclose information about You, including information provided in Your Membership Application and other personal information, to Designers and other parties from whom You have ordered Garments or Services, Her Wardrobe will also provide Designers with historical records of Orders You have made with them.
Without limitation to other provisions in these Terms, Her Wardrobe may in its absolute discretion suspend or terminate Your access to the Website or Your account with Her Wardrobe.
All amounts quoted in the Website are in Australian dollars (AUD).
Any waiver of our rights under these Terms must be in writing. If We waive any rights available to us under these Terms on one occasion, this does not mean that those rights will be waived on any other occasion.
If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
Nothing in these Terms is taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any party.
We may transfer or sublicense our rights and obligations under these Terms but You may not.
Her Wardrobe may sub-contract all or any part of its performance of its obligations under these Terms to another suitably qualified person, or third party.
Any communication or purported communication made by You or any person purporting to be You (whether fraudulent or not) can be relied upon by Her Wardrobe as if it were given by You or with Your authority.
If a provision or any part of the Terms is void or voidable or unenforceable or illegal but would not be void or voidable or unenforceable or illegal if it were read down and it is capable of being read down, it will be read down accordingly.
8.16 Jurisdiction and Law
Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in Victoria. By accessing this Website You consent and submit to the non-exclusive jurisdiction of the Courts of Victoria in all matters arising out of or in connection with Your use of this Website and terms.
8.17 Dispute Resolution
If You have a concern please contact the Support Services Team who will endeavour to assist. If We are unable to fully address Your concern We ask You to lodge a formal complaint in writing. We commit to responding to You within two business days (Melbourne time).
The Support Services Team will respond in writing to You in an attempt to address and rectify any concerns.
If You are still dissatisfied, our Operations Manager will assist You in an attempt to finally resolve.
How to contact us:
Write to us at: 2 Chelmsford Street, Kensington VIC 3031 or phone us on: +61 431 854 020.