DEFINITIONS
“TDHS”
means The Designer Hire Spot (A.B.N 27 521 031 479), who will be supplying the Hired item for the Customer to hire.
“Hired item”
means all item(s) supplied by TDHS to the Customer.
“Business Day”
means a day that is not a Saturday, Sunday or public holiday anywhere in Australia.
“Customer/and or Client”
means the individual who is hiring out the Hired item supplied by THS, over the age of 16 and accepts the Terms and Conditions (by checking the box that states that the Customer Accepts) of hiring the Hired item.
“Damage(s/d)”
means any damage including, but not limited to, a stain, mark, tear, discoloration/changes to original colour, faultiness, caused to the Hired item/Dress during the Hire Period, whilst in the possession of the Customer.
“Debt Collectors”
means any insurer or solicitor/barrister, which THS has retained to collect any outstanding fees owed by the Customer.
“Delivery Date”
means the date in which the Post/Courier makes or attempts to make the delivery of the Hired item to the Customer.
“Dispatch Date”
means the date that the hired item has been sent by THS to the Customer via courier.
“Hire Period”
means the duration between the Delivery Date and Return Date.
“Hire Fee”
means the cost to hire the item for the Hire Period less postage.
“Additional Daily Fee”
means the cost of any additional day with the Hire Period.
“Payment”/“Payment Card”
means Mastercard, Visa, afterpay and Paypal.
“Penalty Fee”
means any amount owing for; a stolen, missing or damaged hired item and/ or the hired item being returned after the Return Date.
“Personal Details”
means any personal information which include but is not limited to copy of driver’s license, passport or identification card, full name, date of birth, address, phone number, email and payment card details, which the Customer has registered onto THS website
“Return Date”
means the date in which the Customer must lodge the delivery of the Hired item with Australian Post by. It also means the date in which the Customer must provide THS a tracking number to show proof of lodgement.
“Third Party”
means anyone other than THS and the Customer – this includes, but is not limited to a friend, family member, acquaintance or unknown persons.
AGREEMENT OF HIRE
An Agreement of Hire is formed once the Customer accepts the Terms and Conditions and makes payment of the Hire Fee. Effectively, THS will then agree to supply the hired item to the Customer for the Hire Period.
The Agreement of Hire subsequently binds THS and the Customer to the obligations of the Terms and Conditions.
PAYMENT OF HIRE FEE
Upon accepting the Terms and Conditions, the Customer will be directed to make payment, which will in effect process the Agreement of Hire (provided the payment is approved).
Payment will take in the form of one of the following options:
MasterCard, Visa, afterpay OR paypal
In the event that there are debts owing for a stolen and/or damaged Hired item, THS will keep the Customer’s Personal Details until all and any Penalty Fees are paid in full whether the account remains registered or has been de-registered; and
If the Customer is a one-off Customer who is not registered with THS and fails to return the Hired item at all, on time or without damage(s), THS will keep the Customer’s Personal Details until all Penalty Fee(s) are paid.
If the Customer has any unpaid fees such as; additional daily fee, damage fee etc THS will deduct the owing amount from the Customers card saved on file.
The Customer acknowledges and agrees that THS can and will use the Customer’s Personal Details if the Customer is in breach of the Agreement of Hire which may include, but is not limited to the following;
Damage(s) caused to the Hired item;
Stealing the Hired item;
Returning the Hired item after the return date; and
DAMAGES
Where a Hired item has been returned with Damage(s), THS will charge a Penalty Fee and bill the Customer for the costs of fixing the Hired item, and subsequently withdraw the amount from the Customer’s Payment Card or take any necessary action at its sole discretion without notice.
The bill will be emailed to the Customer in the format of a tax invoice.
After 24hours of having billed the Customer, THS will then withdraw the amount from the Customer’s Payment Card unless stated otherwise.The Customer acknowledges and agrees to THS withdrawing from their Payment Card the amount which has been set out on the tax invoice and emailed to the Customer after 3 days.
Where the Penalty Fee is not available on the Customer’s Payment Card, THS will make an attempt to contact the client to organise a Repayment Plan.
STOLEN OR UNRETURNED GOODS
In the event that the Customer or any third party has stolen, lost or has not returned the Hired item, THS will withdraw the full value of the Hired item.
Where THS is satisfied that the Customer has stolen the Hired item, THS will provide the Customer’s Personal Information and bank account details to the Police and/or Debt Collector for prosecution.
In the event that the Customer is able to locate and return the Hired item after it has been stolen or lost, the Customer will be refunded the full value of the Hired item provided that THS is satisfied (at its sole discretion) that the following is evident:
That the Hired item has not been damaged in any way;
That the Hired item has been authenticated and proves to be the same item; and that the Customer has provided a truthful statement of how the Hired item was located.
The Customer, will however be charged a Penalty Fee at a flat rate of $300.00, and an additional $50.00 for every late day after the return date.
In the event that the stolen Hired item has been returned and is damaged, THS will also charge the Customer a Penalty Fee.
Where the full value of the Hired item is not available on the Customer’s Payment Card, THS will make an attempt to contact the client to organise a payment Plan.
The Customer is liable if the hired item is not returned in the same condition that it was received. This includes but is not limited to, the hired item and the original dust bag/box the hired item comes in.
DELIVERY AND RETURN
All orders must be placed by Thursday 10:00 a.m. AEST (Australian Eastern Sydney Time).
A tracking number will be provided to the Customer to track.
Delivery Date takes effect when the parcel status is delivered. Whether it is with the courier or Post Office.
Return Date takes effect as soon as the Customer has lodged the Hired item with the Post Office and notifies THS with a tracking number.
The Customer has the responsibility to re-package the Hired item in accordance to THS’s instructions to ensure that it is protected, subject to minimal damage and returns the way it arrived.
The Customer will be liable for any damage(s) made to hired item via transit if it was not packed/protected in the same packaging it arrived in.
The Agreement of Hire and Hire Period will cease at the moment the item is returned.
The Customer no longer has responsibility or liability over the Hired item after the Return Date unless there is an outstanding amount due.
The Customer however will be responsible and liable for any damages that occurred during the Hire Period.
THS will deliver the Hired item via Express Post through Australia Post. The Customer must be aware of the following;
Express Post covers 80% of Australian business addresses, private addresses and Post Office boxes;
Service operates between all capital cities except Darwin and Perth CBD and some major centres;
Outside metropolitan areas guaranteed service is to and from townships only;
If the address is outside the Express Post network, Australia Post will use the fastest possible transport links, however does not guarantee Next Day Delivery; and
If the customer has given THS the wrong postal address the customer will be liable for the hired item if is lost/stolen.
The Customer will be liable for a minimum Penalty Fee of $50.00 for every late day until the Hired item has been returned to THS. The late fee will be relative to the price of the hired item; the more expensive the item the higher the late fee.
The bill will be emailed to the Customer in the format of a tax invoice.
After 24 hours of having billed the Customer, THS will then withdraw the amount from the Customer’s Payment Card unless stated otherwise by THS.
If the return date lands on a public holiday the individual will not be charged a late fee.
REPAYMENT
In the event that the Customer cannot pay for any Penalty Fee for losing the hired item, damaging the hired item and/or returning the hired item late, THS is willing to enter a reasonable short-term payment plan at its sole discretion.
If the Customer defaults on the agreed payment plan, THS will resort to taking legal action through its nominated debt collectors at its sole discretion without notice until all Penalty Fee(s) are recovered from the Customer by THS.
REFUND/EXCHANGE POLICY
Once the hired items has been dispatched OR picked up we do not offer refund, credit or exchange due to change of mind, if the item is no longer suitable/ or does not fit/ suit the way you had hoped.
CANCELLATIONS
All or any cancellations must be made by the customer 10 days prior to the hire start date. Where cancellations are made less than 10 days prior to the start date, the Customer will be charged the full Hire Fee as the item has been unavailable to other hirers leading up to this date. No refund or credit will apply.
If the client decides to cancel more than 10 days prior to the start date a credit note for 80% of the hire fee will be issued and is valid for 6 months. A balance of 20% of the hire fee will be retained by THS, where afterpay has been used the full hire fee is forfeited and you will still be required to complete your payment agreement of 4 x fortnightly payments to afterpay.
THS’S OBLIGATIONS<H2/STRONG>
Subject to the Terms and Conditions, THS has the following obligations to the Customer:
To process all Agreement of Hire in a timely manner;
To ensure that the Customer receives the Hired item by the time the Hire Period takes effect;
To keep the Customer’s entire account confidential, unless THS is satisfied that the Customer has committed a criminal offence by way of theft and/or fraud of the Hired item. In that case, the Customer’s entire account will be released only to its Insurer and the Police and/or Debt Collector for prosecution purposes.
To make all attempts to contact the Customer (i.e. mobile, SMS, email and/or letter) when the Hired item has not been returned before releasing the Customer’s details to the Insurer or Police.
THS has the right to refuse anyone who does not meet the security requirements. (i.e. identification, proof of residental address etc). If customer refuses to provide the required details, THS will forfeit the loan and refund 70% of the total hire fee.
CUSTOMER’S OBLIGATIONS
Subject to the Terms and Conditions, The Customer has the following obligations to THS and the Hired item:
To ensure that the Hired item is not damaged or stolen by themselves or a Third Party;
To return the Hired item by the agreed Return Date;
To not transfer possession of the Hired item to a Third Party; and
To notify THS and make a Police Report if the Hired item has been stolen.
To pay any and/or all Penalty Fee(s) that they have incurred in a timely matter which has been set out by THS.
PRIVACY
By registering to become a member of THS, the Customer accepts and understandings that THS will take appropriate steps to verify the Customer’s Identification and MasterCard, Visa or Paypal accounts.
By agreeing to the Terms and Conditions set out by THS in an Agreement of Hire, the Customer accepts and acknowledges the following;
The Customer’s Personal Details will be released to the Insurer and Police and/or Debt Collector if THS is satisfied that the Customer has stolen the Hired item.
The Customer’s personal details will be released to the Insurer and Debt Collector if the Customer has failed to pay any and/or all Penalty Fees in a reasonable amount of time which THS has provided to the Customer.
By agreeing to the Terms and Conditions, the Customer acknowledges that the Customer has read and also agrees to the Privacy Policy.
INDEMNITY
The Customer agrees to indemnify and not hold THS and any of its partners, employees, subsidiaries and affiliates of any loss, liability or claim arising out of the Agreement of Hire.
TERMS AND CONDITIONS
By entering into the Agreement of Hire, the customer agrees to the following:
That the Customer is bound to the entirety of the Terms and Conditions that THS has set out;
That the Customer’s failure to make payments for Stolen or Damaged Hired item will warrant THS to notify the Police and/or Debt Collector to prosecutor and/or recover the owing amount; and
That the Terms and Conditions may be subject to change at any time, thus, the Customer must read the Terms and Conditions each and every time a new Agreement of Hire is made with THS.