Terms of Service
Last updated: June 25th 2018
This document contains the Terms of Service (“Terms”) between you (“you” or “your”) and Vestrr (“we”, “our” or “us”) describes the terms and conditions on which Vestrr:
- Provides access and use of the Vestrr Site at Vestrr.com.au
- Allows you to use the Site to make orders; and
- Allow you to submit your Garments to Vestrr Consignment to maintain and manage for potential orders
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
“Vestrr” means ALIN & MHOANG Pty Ltd (ABN 56 616 061 717), its successors and assigns or any person acting on behalf of and with the authority of ALIN & MHOANG Pty Ltd (ABN 56 616 061 717).
“Services” means the Site located at Vestrr.com.au and related services including Vestrr’s fashion rental services, Vestrr Consignment and its content (the “Content”).
“User” (“client”, “customer”, “you” or “your”) means you or any person acting on behalf of and with your authority who engages in the Site.
“Garment” means all Garment supplied on hire by Vestrr to you or all Garment submitted by you to Vestrr Consignment. The Garment shall be as described on any invoices or other documentation provided by Vestrr to you when an order is made.
“Vestrr Consignment” means the service operated by Vestrr.
The Commonwealth Competition and Consumer Act 2010 (“CCA”) and Fair Trading Act (“FTA”)
Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
Where your hire a Garment as a consumer, these Terms shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
By accessing and using the Site, you are accepting and consenting to the practices in these Terms. These Terms apply to all actions undertaken via, or otherwise in connection with, the Site.
Vestrr reserves the right to change these Terms from time to time at its sole discretion. Vestrr will notify you of any changes to these Terms either by emailing you or by posting a notice on the Site. It is your responsibility to read and understand the updated Terms. By continuing to use the Site after the changes are made to Terms, you agree to be bound by such changes. Vestrr bears no liability in the event you do not familiarise yourselves with the changes to the Terms.
Any instructions received by Vestrr from you for the hire of Garment and/or your acceptance of Garment supplied on hire by Vestrr shall constitute acceptance of Terms contained herein.
Upon your acceptance of these Terms, the Terms are irrevocable and can only be amended with the written consent of Vestrr.
You shall give Vestrr not less than fourteen (14) days prior written notice of any proposed change in your details (including but not limited to, changes in your address, facsimile number, or business practice). You shall be liable for any loss incurred by Vestrr as a result of your failure to comply with this clause.
RENTALS OF GARMENTS
This section sets out terms and conditions that apply to your rental of any Garment.
18 YEARS OR OLDER. Garments may be rented or purchased for use by individuals under 18 years of age, but we rent only to adults, who may rent the Garments with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorised to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Garments as described in these Terms.
LIMITS. You acknowledge and agree that we may place limits on the rental of Garments., including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals for any reason in our sole discretion, including but not limited to availability and geographic concerns.
COMMUNICATIONS. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying “STOP” to a text message you receive from us or by emailing firstname.lastname@example.org. You acknowledge that opting out of receiving communications may impact your use of the Services.
RISK. To prevent the potential use of fraudulent credit cards (or other payment types), Vestrr withholds the right to request proof of identity for orders it deems high value. Orders containing three (3) or more dresses may be subject to this request. Where fraudulent activity is suspected, Vestrr follows internal verification methods to ensure that the order is valid. If Vestrr cannot confirm this, the order may be cancelled. If this is the case, you will be notified by email.
RENTAL FEE. The rental fee (“Rental Fee”) for the Garment will be the total of Vestrr’s current rental fee and delivery charges listed on the Site for your rental of the Garment. When you place your rental order for a Garment, you hereby authorise Vestrr to charge your payment card for the Rental Fee. Where more than one User has entered into this agreement, the Users shall be jointly and severally liable for all payments of the Rental Fee. Vestrr will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Garment on the Site is an order for the rental of that Garment, regardless of how far in advance that Garment is reserved. In addition, at the time of your rental order for a Garment, you hereby authorise Vestrr to charge your payment card for an amount equal to 220% of the original retail value of the Garment (when new) set forth on the Site (“Retail Value”) provided that Vestrr will only charge you payment card for an amount greater than the Rental Fee as described below. GST and other taxes and duties that may be applicable shall be added to the Rental Fee except when they are expressly included in the Rental Fee. All Prices on the Site are denominated in Australian Dollars.
INVOICES. In the event an invoice is issued for payment for any reason then payment shall be due within seven (7) days of the date of the invoice.
CANCELLATION POLICY. You may cancel your rental order you must contact Vestrr as soon as possible, subject to the following cancellation fees and policies:
If the Garment has not been dispatched from Vestrr’s premises yet, there will not be any cancellation fees. You will receive a full refund of the Rental Fee, including the delivery charge if any, in a Credit Voucher.
If the Garment has been dispatched or you have picked up the Garment from Vestrr’s premises, you must notify Vestrr of the cancellation and return the Garment within twenty-four (24) hours of receiving the Garment. You will receive a full refund of the Rental Fee, minus any delivery charges if any, in a Credit Voucher.
Vestrr may cancel these terms and conditions or cancel the delivery of Garment at any time before the Garment is delivered by giving written notice. On giving such notice Vestrr shall repay to you any sums paid in respect of the Rental Fee. Vestrr shall not be liable for any loss or damage howsoever arising from such cancellation.
RECEIPT OF THE GARMENTS. Upon receipt, you bear responsibility for the Garment(s). Delivery of the Garment shall be deemed to have taken place when the Garment is delivered to your nominated delivery address at time of check out. If you have selected the Local Pick Up option at check out, delivery of the Garment shall be deemed to have taken place when you the Vestrr premises with the Garment. You acknowledge that a Secure Shipping Address is highly recommended. A Secure Shipping Address means a location where an individual can physically receive Garment(s). In the event that an un-secure shipping address is provided, Vestrr does not bear liability for Garment left unattended. You acknowledge that you shall make all arrangements necessary to take delivery of the Garment whenever tendered for delivery. In the event you are unable to take delivery of the Garment at the nominated delivery address and for any reason and Vestrr is required to redeliver the Garment, then Vestrr shall be entitled to charge a reasonable fee for the redelivery.
USE OF THE GARMENTS. You agree to treat the Garments with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Garments due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor. You acknowledge that you must immediately notify Vestrr of any damage to the Garment that occurs during the rental. Additional you will not alter or make any additions to the Garment or in any other manner interfere with the Garment during the rental. If you return a Garment that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Garment, as determined at Vestrr’s discretion, up to the Retail Value of the Garment. In assessing this value, Vestrr will take into account, the demand of that dress in the market, the availability to purchase the Garment in the market, and the condition of the Garment.
RETURN OF THE GARMENTS; EXTENSIONS. You agree to return the Garments to Vestrr on or before the return date for the Garments that are identified in the online invoice for your order. You may extend your order for a Garment by phone to Vestrr; provided that any extensions are subject to other orders for that Garment and to pre-payment of the additional Rental Fee applicable to that Garment for the period of time of the extension. You must return the Garment by delivering the Garment to an Australia Post store located in Australia on or before the date that the Garment is due. Garments are deemed 'returned' when you have dropped off the Garment over the counter at an Australia Post and the parcel is scanned or when you have dropped the Garment into a yellow Express Postal Box or when you have dropped off the Garment back to the Vestrr premises. We are not responsible for any personal or other items left in the Garments or which are returned to Vestrr. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at email@example.com. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.
LATE FEES. If you return the Garments late or not at all, a late fee of 10% of the Retail Value (RRP) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to Vestrr. For every day that you are late returning the Garments, and you agree to pay such late fees, up to an amount not to exceed 220% of the Retail Value (plus the Rental Fee). The late fee is payable for each order of Garments that is not returned when due, not for each Garment that is the subject of the order that is late. If you have not returned a Garment within ten (10) days after the return date for the Garment, your late return will be considered a non-return and Vestrr will charge your payment card the maximum late fee set forth below, less any late fees that you have already paid. When counting overdue days Vestrr shall not count either Sundays or Public Holidays when the Australia Post store is closed as being part of the overdue period.
PAYMENT OF 220% RENTAL VALUE. Vestrr will not charge you more than an amount equal to 220% of the Retail Value. If you pay Vestrr an amount equal to 220% of the Retail Value in late fees and you still possess the Garment, the Garment is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any charges payable by you pursuant to the terms and conditions that apply to your rental of any Garment.
RETURN LABEL. This section does not apply to orders where the Local Pick Up option has been selected. With receipt of the Garment, Vestrr will provide you with a pre-paid, pre-addressed return label as well as instructions for your use in returning the Garment to Vestrr. If you have lost this return label, you will be responsible for returning the item at your own expenses by the expected return date, and providing Vestrr with a tracking number. Late fees will apply for Garment returned late (details under Late Fees).
TITLE TO HIRED GARMENTS. The Garments is and will at all times remain the absolute property of Vestrr. If you fail to return the Garments to Vestrr then Vestrr or Vestrr’s agent (as the invitee of yourself) may enter upon and into land and premises owned, occupied or used by you, or any premises where the Garment is situated and take possession of the Garment.
LIMITED WARRANTIES. The following are the limited warranties Vestrr provides in connection with Garment rentals. Vestrr’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Garment conforming to the warranties or a refund of the Rental Fee (excluding delivery fees) as determined by Vestrr.
CORRECT GARMENT. Subject to availability, we will deliver the Garments you ordered, including the specified size, colour and design, on or before the delivery date for which you ordered them, except in the rare event that the Garment is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Garment is unavailable. If we are able to reach you, you will be entitled to choose any available rental Garment to replace the unavailable Garment. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Garments may appear different in colour and style than as displayed on the Site.
CEAN AND READY TO WEAR. The Garments will be professionally cleaned and delivered ready to wear. Vestrr dry cleans and inspects each Garment with the utmost care, but use of the Garment is at your own risk and Vestrr shall not be held liable for any health-related complaints associated with any Garment.
SIZING RETURNS. If your Garment does not fit you, then you may return the Garment to Vestrr within 24 hours (excluding Sundays and holidays) of the date you received the Garment by contacting Vestrr at firstname.lastname@example.org and returning the Garment in conformance with the return procedures above. Vestrr will then issue you a credit voucher for the full Rental Fee (less delivery charges) of the Garment for a future rental by you of our Garments, so long as the Garment, in our sole discretion, has not been worn.
The following terms and conditions apply to the use and redemption of Vestrr Credit Vouchers. Use of a Credit Voucher constitutes acceptance of these terms. In addition to the terms in this Section, the use and redemption of the Credit Vouchers is considered part of the Services subject to these Terms generally.
REDEMPTION AND USE. Credit Vouchers can be redeemed for eligible services through the Site. Limits may apply to Credit Voucher redemption and use. A Credit Voucher cannot be used to purchase other Credit Vouchers. When a Credit Voucher is redeemed, the value of the rental plus any shipping fees will be deducted from the currently available Credit Voucher balance. Credit Vouchers cannot be refunded and may not be reloaded.
DIGITAL CREDIT VOUCHERS. Credit Vouchers are only issued electronically; no physical card will be provided. The Credit Voucher code will be delivered to your email address that you have provided at time of check out. You are responsible for providing an accurate and deliverable email address. Digital Credit Vouchers are redeemed by providing the code at the time of checkout online on the Vestrr Site.
EXPIRATION. Credit Vouchers are valid for six (6) months from the date of issue unless otherwise communicate.
Vestrr provides certain trial programs.
CHANGES TO PROGRAMS. Vestrr reserves the right to add, remove or modify trial program benefits at any time, but we will use reasonable efforts to notify you of any material changes. In the event of any such material change, you may cancel your subscription (if applicable) immediately upon notice to us, and we will give you a prorated refund for the remainder of your current subscription period. Any increases in fees that we introduce will apply to subsequent subscription renewal periods. YOUR CONTINUED PROGRAM SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
FAILURE TO PAY FEES. We reserve the right to pursue any amounts you fail to pay in connection with any trial program (if applicable) in accordance with these Terms.
TERMINATION. We may terminate any of the trial programs, or your membership in any of these programs, at any time. If we do so, we will give you a prorated refund (if applicable) for the remainder of your current subscription period. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms or conditions set out in these Terms or any applicable law.
The following additional terms and conditions apply to Vestrr’s Consignment Services (“Vestrr Consignment”).
When you elect to consign Garment through Vestrr Consignment, you will be required to lodge an application containing your name, email, contact number and the details of your Garment, and are responsible for providing accurate information when doing so.
Vestrr Consignment will review any applications you submit and will confirm or deny the application within forty-eight (48) hours.
Vestrr Consignment has the right to decline any Garment for any reason and does not need to provide reasoning or justification.
Vestrr Consignment will bare all responsibility for the processes involved in renting out a Garment once it has been made available by you.
Once Vestrr Consignment has received the Garment, a complete assessment of that Garment will be undertaken in accordance with the application lodged to verify the accuracy of the application and to determine if the Garment is to be accepted or declined by Vestrr Consignment at its sole and absolute discretion.
Where a Garment received by Vestrr Consignment does not accurately reflect the application submitted, the application will be declined, and you will be notified. The Garment will be returned to you.
Garment submitted through Vestrr Consignment will be listed as part of the Vestrr collection on the Site and not under your individual name.
Vestrr Consignment has the right to hold the Garment(s) to fulfil any rental requests.
At any time, you may request your Garment back upon reasonable notice if the Garment is not currently in an order or if the Garment does not have any future orders.
Vestrr Consignment has no control over and is not in any way responsible for whether or how often a Garment is rented and therefore, how much income the Garment generates.
Vestrr Consignment is in no way liable for any damage to a Garment whilst it is being rented.
Vestrr Consignment will return the Garment to you in the same condition as it was received in, subject to Normal Wear and Tear such as but not limited to minor stains, small rips, missing beads, or stuck zippers and any damage that occurs to a Garment whilst it is being rented.
Vestrr Consignment will provide its services for a service fee for the percentage as per the Dress Owner's Agreement of the Rental Fee as listed on the Site.
Vestrr Consignment will be responsible for the dry-cleaning of all Garment after they have been rented.
The following additional terms and conditions apply if you subscribe to our Vestrr Unlimited Subscription(“Unlimited”).
UNLIMITED SUBSCRIPTION. If you subscribe to Unlimited, you will be entitled to rent any garments available on the Vestrr website, as many times as you want. You are entitled to have 2 bookings booked in at all times. You can book in a third booking once you return or cancel one of the 2 existing bookings. If you have 2 confirmed bookings, your third booking will automatically be cancelled. Each dress booking will still have the same terms and conditions as any rental, and be a 4-day rental. Standard late fees and damage penalties will still apply
FEES. If you subscribe to Unlimited Subscription, you will be charged at the then rate in effect at the time you had signed up for. You are eligible to this rate for 12 months if you choose to continue using Vestrr Unlimited. You will be billed on the same day every month automatically to the credit card on file. A new contract will be sent to you after a 12 month subscription if prices are changed. You hereby authorise Vestrr or our third-party payment processor to charge your payment card for the applicable Unlimited subscription fee on a monthly or recurring pre-pay basis until you cancel. The subscription fees includes dry cleaning for Garments, but do not include shipping, or damage costs. Unlimited subscription fees are non-refundable except as expressly set forth below. Taxes may apply on Unlimited subscription fees.
CANCELLATION OF YOURSUBSCRIPTION. You may cancel your membership at any time, 7 (seven) business days prior to your Billing Date. There are no refunds to a pre-paid Unlimited Subscriptions. Your monthly Unlimited Subscription automatically renews and you will be billed every 30 days. To cancel your monthly membership, contact us at email@example.com. You must return the Garment(s) you have rented through the Unlimited Subscription before the end of your current billing period to avoid additional fees. If Vestrr does not receive your Unlimited Subscription Garment(s) by the end of your billing period in which you want to cancel your membership, Vestrr will charge you 100% of the Retail Value of the Garment(s).
DELIVERY. All deliveries will be through Australia Post Express Post, which may change from time to time at our discretion. The shipping method used will be at the discretion of Vestrr. We will provide you with information about estimated delivery and arrival times of Unlimited Subscription Garment(s) through the Site. The Garment(s) we send to you will be professionally cleaned and delivered ready to wear. We professionally clean, sterilize and inspect each Garment we send to you, but use of the Garment(s) is at your own risk and Vestrr shall not be held liable for any health-related complaints associated with any Garment(s).
LOCAL PICK UP. All local pick-ups will be from The Commons, 36 Gipps Street, Collingwood Victoria 3066. We will provide you with information about when the Unlimited Subscription Garment(s) will be ready for pick-up through the Site. The Garment(s) we have ready for you will be professionally cleaned and ready to wear. We professionally clean, sterilize and inspect each Garment you receive, but use of the Garment(s) is at your own risk and Vestrr shall not be held liable for any health-related complaints associated with any Garment.
RETURNS. With each shipment of Garment(s), we send you, we will include one Return Label and with the reusable Packaging (which may be our Vestrr satchel bag), which you can use to return the Unlimited Subscription garment you currently have. You must return the Garment to us in order to be eligible to receive another. When we receive any returned Garment from you, the next shipment we send you will contain another Garment you have booked in via our Site. We will use reasonable efforts to send you your new Garment promptly upon processing your return, but you acknowledge that as a result of processing and delivery, there will be delays between your return of a Garment and receipt of a new Garment through the Unlimited Subscription. If you have lost the provided Return Label, it is your responsibility to return the Garment to us at your own cost.
LOCAL DROP OFF RETURNS. All Garment(s) that have been locally picked up must be returned by the same method to The Commons 36 Gipps Street, Collingwood Victoria 3066. All Garments must be returned by 6pm AEST at the end of your rental period. If your rental period ends over the weekend, the Garment is to be returned the next business day to The Commons, at your earliest convenience. You must return the Garment to us in order to be eligible to receive another. When we receive any returned Garment from you, the next pick up that will be ready will contain another Garment you have booked in via our Site. We will use reasonable efforts to have new Garments ready for you to pick up promptly upon processing your return, but you acknowledge that as a result of processing and delivery, there will be delays between your return of a Garment and receipt of a new Garment through Unlimited.
ADDITIONAL OBLIGATIONS. Without limiting the application of the rest of these Terms, all of your obligations set out under Sections “Rentals of Garments”, including but not limited to the obligations relating to receipt and care of Garments, apply to your participation in the Vestrr Unlimited Subscription.
DAMAGE, FAILURE TO RETURN GARMENTS. Unless you cancel your Unlimited subscription, it will automatically renew on a monthly or recurring pre-pay basis. You expressly authorise us to collect the applicable subscription fee and any taxes, using any payment card on record for you, in connection with any such auto-renewal. You may cancel your Unlimited subscription or find out more information about your Unlimited subscription, including your monthly or recurring pre-pay renewal date, by contacting firstname.lastname@example.org. As soon as you cancel, you will not be eligible to receive any additional Garments through Unlimited. If you have a Garment you have already received through Unlimited, you must return to the Garment before the last day of the applicable subscription period during which you cancel. If we don't receive your items on time, you will be charged up to 100% of the retail price. You will not be entitled to any refund of subscription fees.
CHANGES TO AND TERMINATION OF UNLIMITED. As Unlimited is a beta program, we reserve the right to modify Unlimited (including the subscription fee) or terminate Unlimited or your Unlimited subscription at our sole discretion without prior notice. If we terminate your Unlimited subscription, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current applicable subscription, or (b) continued access to Unlimited for the remainder of that applicable period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in these Terms or any applicable law. If we choose to provide you with continued access to Unlimited for the remainder of that applicable period of your subscription, you will continue to have access to Unlimited during that period, except that we will not send you any Garments within ten (10) days of the end of that period. Prior to the end of that period (or, if we do not provide you with continued access to Unlimited, immediately upon our termination of Unlimited or your Unlimited subscription), you must also return to Vestrr all Garments you have received in connection with Unlimited.
Default and Consequences of Default
If you owe Vestrr any monies, you indemnify Vestrr from and against all costs and disbursements incurred by Vestrr in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Vestrr’s collection agency costs, and bank dishonour fees).
Without prejudice to any other remedies Vestrr may have, if at any time you are in breach of any obligation (including those relating to payment) under these Terms, Vestrr may repossess the Garment, or suspend or terminate the supply of Garments to you and any of our other obligations under the Terms. Vestrr will not be liable for any loss or damage you suffer as a result of us exercising our rights under this clause.
Without prejudice to Vestrr’s other remedies at law, Vestrr shall be entitled to cancel all or any part of any your order which remains unperformed in addition to and without prejudice to any other remedies Vestrr may have and all amounts owing to Vestrr shall, whether or not due for payment, become immediately payable in the event that:
any money payable to Vestrr becomes overdue, or in Vestrr’s opinion the User will be unable to meet its payments as they fall due; or
you become insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or you.
Whilst Vestrr has implemented commercially reasonable measures to secure your personal information from authorised use, Vestrr cannot guarantee that unauthorised third parties will be unable to defeat those measures. You acknowledge that you provide your personal information at your own risk.
Vestrr employs a third party secure payment platform to ensure the secure transfer of funds. Vestrr is in no way liable for any loss or misplacement of funds.
Vestrr gives Users the ability to control the disclosure of their sensitive personal information, including their address. The disclosure of this information is completely and solely determined by the User at their discretion.
You acknowledge and agrees that Vestrr’s trademark shall remain the intellectual property of Vestrr at all times and further agrees that they shall not use the same for any purpose whatsoever without the express written approval of Vestrr.
If any provision of these Terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria.
Vestrr shall be under no liability whatsoever for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach by Vestrr of these terms and conditions (alternatively Vestrr’s liability shall be limited to damages which under no circumstances shall exceed the Price paid for the hire or purchase of the Garment).
Vestrr reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Vestrr notifies you of such change. Except where Vestrr supplies further Garment to you and you accept such Garment, you shall be under no obligation to accept such changes.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
The failure by Vestrr to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Vestrr’s right to subsequently enforce that provision.
Unless otherwise specified, you agree that by sending or tagging photos of wearing Vestrr’s Garment, Vestrr may use the images for promotional purposes including but not limited to print materials, social media platforms and newsletters.
Title to Garment Being Rented
You agree that the ownership of Garment shall not pass until:
you have paid Vestrr all amounts owing to Vestrr; and
you have met all obligations to Vestrr.
Receipt by Vestrr of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
It is further agreed that until ownership of the Garment passes to you in accordance with this Section that:
You are only a bailee of the Garment and must return the Garment to Vestrr on request.
You hold the benefit of your insurance of the Garment on trust for Vestrr and must pay to Vestrr the proceeds of any insurance in the event of the Garment being lost, damaged or destroyed.
You must not sell, dispose, or otherwise part with possession of the Garment. If you sell, dispose or part with possession of the Garment then you must hold the proceeds of any such act on trust for Vestrr and must pay or deliver the proceeds to Vestrr on demand.
You irrevocably authorise Vestrr to enter any premises where Vestrr believes the Garment are kept and recover possession of the Garment.
Vestrr may commence proceedings to recover the Retail Value of the Garment sold notwithstanding that ownership of the Garment has not passed to you.
Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
To the extent permitted by law, Vestrr provides the Site ‘AS IS’ and without any warranty, representation or condition, whether express, implied or statutory.
Vestrr, including its shareholders, directors, officers, employees and agents, assumes no liability or responsibility for:
any errors or omissions in the Site;
any failures, delays or interruptions in the Site;
any failures, delays or interruptions in delivery of any Garment(s);
any losses or damages arising from:
the use of the Site;
any delay in delivery of any Garment(s);
any errors in any order; or
Garment(s) that are not satisfactory quality or do not match their description; and
any conduct by you of the Site.
You must inspect the Garment on delivery and must within twenty-four (24) hours of delivery notify Vestrr in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. You must notify any other alleged defect in the Garment as soon as reasonably possible after any such defect becomes evident. Upon such notification, you must allow Vestrr to inspect the Garment.
Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
If you are a consumer within the meaning of the CCA, Vestrr’s liability is limited to the extent permitted by section 64A of Schedule 2.
If Vestrr is required to replace the Garment under this clause or the CCA, but is unable to do so, Vestrr may refund any money you have paid for the Garment.
Subject to clause 18, returns will only be accepted provided that:
you have complied with the provisions of this Section; and
Vestrr has agreed that the Garments are defective; and
the Garments are returned within a reasonable time at your cost (if that cost is not significant); and
the Garments are returned in as close a condition to that in which they were delivered as is possible.
Notwithstanding this Section but subject to the CCA, Vestrr shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
Your failure to properly maintain or store any Garment;
Your continuous use of any Garment after any defect became apparent or should have become apparent to a reasonably prudent user;
fair wear and tear, any accident, or act of God.