TERMS OF SERVICE FOR CUSTOMERS
How it works
Our Goods are clothing including dresses, skirts, blazer, jackets, pants, accessories, handbags and shoes. We have these available in different sizes for rent. We provide you size charts and other education related to sizing which will help you in deciding what Goods to rent. We do not give refunds for size issues, so we implore you to recheck and measure sizes before placing a Booking.
After you make the Booking, you must pay the shipping fee to receive the Goods. You can use the Goods for the required amount of time, after which you must use the self-addressed express prepaid envelope which is included with the Goods to return the Goods to us. After we receive the Goods, we will inspect them for any damages.
Things you must do before purchasing Products on our Website
be 18 years old or have parental consent;
- provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;
- pay for the Product via the published payment methods available;
- immediately inform us of any damage to the Goods that occurs during the rental period
- have any special offer coupons ready as they must be used at the time of purchase to apply - they cannot be applied retrospectively; and
- be careful with your order because after placing an order we may not be able to cancel it as it will have been processed and paid for by us.
Acknowledgements you make when purchasing on our Website
You acknowledge and agree that there may be:
- occasional errors or omissions in Product descriptions, prices, shipping charges, delivery times, availability and promotions;
- colour differences, so that the colours and images of Products we display may be different on your screen to the colours and images of the actual Products;
- Products we display that are only available through our Website; and
- some Products with limited quantities, and some sales that are limited to certain regions or groups of people.
Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.
The rental period starts from the Commencement Date and ends on the Return Date. You are entitled to use the Goods during the Rental Period. You must return the Goods on the Return Date using the self-addressed express pre-paid envelope. We do not refund any Hire Fees where you return the Goods early.
We may send you your item earlier than your chosen commencement date, this does not change your return date, it jut means you have the goods a few days longer.
If your item is Lost/Late/Damaged
- contact us by email at email@example.com if you have any issues with the Product (late, lost, damaged)
- please contact us within 4 hours of receiving your item if you believe this is damaged and we will discuss next steps
- If your return to AOYC goes missing and there is no proof or return you will need to to contact Australia Post directly.
- comply with the manufacturer’s or our instructions in relation to the Product;
- seek our prior written consent before any publication of information about us; and
- in the case of a dispute keep all communications confidential.
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at firstname.lastname@example.org
We will send your Goods via Australia Post Express Post or a reputable courier company. Delivery times will depend on your location. We service all states in Australia. We require that you notify us of a Representative that is able to accept the delivery and confirm the services on the Drop off Date; and receipt of the particular Goods. Risk of the Goods passes to you on delivery whether or not you nominate a Representative. We use our reasonable endeavours to estimate the Drop Off Date but are not liable to you if any Goods are not delivered on or before the Drop Off Date. You must contact Australia Post or the courier company directly if you have late, stolen, or damaged deliveries.
RETURN OF GOODS
Goods must be sent back to us on or before the Return Date unless otherwise agreed. Where items are lost, damaged (in a condition that it cannot be re-hired again), stolen Replacement Costs will be charged to your credit card provided. .
The Replacement Cost is the full retail cost of the items plus GST plus delivery and any repair or laundering cost that have occurred during the assessment period. In some cases, the supplier of Goods may have a minimum order requirement. You must pay the full cost of the minimum order.)
Where you wish to cancel a Booking you must provide it to us in writing at email@example.com.
If you cancellation is more than 14 days prior to the Commencement Date, monies paid in addition to any Booking Fee or Insurance Fee will be refundable to the payment card used when originally booking your rental. *
Any cancellations with less than 14 days’ notice will not be refundable, and you will still incur the full Booking Fee or Rental Insurance fee.
Where we need to cancel your Booking, a refund will be given, in full, including all shipping, Booking or rental insurance fees. We will use reasonable endeavours to give you as much notice as possible.
CHANGES, POSTPONING AND REFUNDS
Any changes to your Rental Period, Goods or Drop Off Address is at our sole discretion and is subject to availability. You must contact us at firstname.lastname@example.org to request any changes. Further fees, such as a Transfer Fee may apply.
To the extent permitted by law, all Hire Fees and other fees are non-refundable. This includes, but is not limited to, cancellations by you due to relationship breakdowns, personal, family, or financial situations, unforeseen circumstances, and all Force Majeure Events. We also do not provide refunds where you change your mind, or where you fail to provide us with adequate information. On occasion, we may, at our sole discretion refund Hire Fees. All Booking Fees are non-refundable as a Booking precludes us from booking the Goods for another client.
In case you delay in returning the Good to us, a late fee of $30 per day will be charged. In the event, you have paid an amount equal to 150% of the recommended retail value of the Goods in late fees and still have the Goods in your possession, you may keep them.
*Some merchant fees may apply
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our Website and store
Except as required by law, we may at any time, and without prior notice to you:
- change and update information including shipping charges, delivery times, availability and promotions;
- change prices or descriptions of our Products;
- change our range of Products, or discontinue Products and/or
- cancel orders if information is inaccurate.
We make deliveries at your option and your cost
We deliver Products purchased through our Website to the areas that are published on our Website. We will process your delivery upon receipt of payment, and send your Products via Australia Post or a reputable courier company. Delivery times will depend on your selected delivery option, please book in advance if you live in rural areas or outside Australia Post same day delivery areas.
However, when you have used our Product for the hire term, the delivery back to us will be free of charge.
We comply with the Australian Consumer Law
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
Except as required by law, we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with manufacturer's and our instructions, where you fail to take reasonable care, or where you fail to provide us with adequate information.
We cannot issue refunds due to sizing issue as we provide you with all the tools necessary to ensure the size selection is correct. We have guides and other materials on our Website for you to follow and help you in choosing the correct size of the Product.
If we need to cancel your order, we will provide a refund
Except as required by law, all sales for our Products are non-transferable and non-refundable. On occasion we may cancel an order for a Product where we are unable to fulfil it, this is likely to arise if the item you have booked has been returned to us in a damaged state from another client and is no longer able to be re-rented. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a replacement or substitution product or refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors without permission. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and sell Products at any time
We may refuse to provide Products to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our Website and Services and ban your purchase of any Products. We can also change, suspend or stop providing Products at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop selling our Products, or stop any services.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, or your use or misuse of any Product.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
- the replacement of the products or the supply of equivalent products; or
- the payment of the cost of replacing the products or of acquiring equivalent products.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.
WEBSITE TERMS AND CONDITIONS
Welcome to Ahead Of Your Curves [ABN 36180753738] and aheadofyourcurves.com.au, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an "Agreement". If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time.
You must be 18 and over or have parental consent to use our website.
YOUR OBLIGATIONS WHEN USING OUR WEBSITE
To provide correct information and comply with the law
When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of VIC and Australia when you use our website, including, but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.
To only make personal and non-commercial use of our Content
You agree that the copyright in all Content on our website is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing email@example.com. All trademarks on our website belong to their respective owners.
To use third party software, links etc at your risk
We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk, and you must direct any concerns regarding their products or services to them. We also provide access to third-party apps and software to enhance the functionality of our website. We have no control over those third-party apps and software, and do not make any warranties in relation to them. You use them at your own risk, and you must read and agree to their terms and conditions which govern your use of them.
To direct concerns about third party products and services to that third party
Our website and services may include advertisements for third party products and services. We have no control over the advertisements and websites of third parties, and we are not responsible for their content, or their products or services. We do not endorse, nor make any representation or warranties concerning any advertisers goods or services seen on our website. In some cases, we may have a relationship with that third party who may pay us a referral fee or a commission when you buy their products and services. However, any purchase by you is a contract between you and them and we are not to be involved. You must direct any concerns about third party products and services directly to that third party.
To be respectful when posting
We encourage you to engage in online discussions in our community, however, we do not recommend that you include any personal information such as your email address or physical address in any posts. When you engage in discussions, your posts will not be confidential, and you must comply with our posting rules. You must not post any of the following, which is determined at our discretion:
- any disrespectful, inappropriate, offensive, threatening or abusive content;
- any content that breaches the rights of a third party (e.g. which is defamatory);
- any content that impersonates any other person, or misleads us as to the origin of your posts; or
- any advertising, self-promotion or sales.
Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them. You are solely responsible for all your posts.
WE MAKE NO WARRANTIES OR GUARANTEES
We cannot represent, warrant or guarantee that:
- our website will always be available, that your use will not be interrupted or that our website is free from viruses or secure; or
- our Content is accurate, complete and current.
For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at firstname.lastname@example.org if you find any issues.
LIMITATION OF LIABILITY AND INDEMNITY
We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its Content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its Content, any interruptions, changes, suspension or termination of our website or any events beyond our control.
You indemnify us for any Claim arising out of or in connection with any third-party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.
TITLE TO GOODS
You acknowledge that we retain title to the Goods and that you have the right to use the Goods as a mere bailee only. You must not sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession with the Goods.
All payments must be made via cash or direct debit. Where you pay by card, bank or payment processing fees will be charged to you. All Hire Fees are due and payable prior to the Commencement Date. Where we do not receive our Hire Fees by the Commencement Date we may cancel your Booking. You authorise us to deduct all our fees from your credit card provided, including any Replacement Costs. Interest will be charged at the rate of 11% per annum, calculated monthly on any unpaid charges. Any legal collection fees will be billed to you.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Content means any content on our website, and could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.
Loss or Damage means any loss or damage including, but not limited to, any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.
We, us, or our means Kylie Pascoe /as Ahead Of Your Curves [ABN 36180753738] and includes any of our employees, agents, partners and contractors.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Products means any product available through our Website, and includes any dresses, skirts, pants, jackets, tops, accessories, hats, shoes, shapewear, handbags.
We, us, or our means Kylie Pascoe t/as Ahead Of Your Curves [ABN 36180753738] and includes any of our employees, agents, partners, and contractors.
Website and Services means aheadofyourcurves.com.au, and everything available on this website including, but not limited to, all Products and any services.