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Terms and Conditions

November 2019

Fashion Alta Moda

Standard Online Terms and Conditions

1. Introduction
This is an agreement between You and Fashion Alta Moda Pty Ltd (ABN 54 635 893 408) (FAM). By booking a Garment for hire from FAM, You accept the terms of this Agreement.


2. Statutory consumer rights
Nothing in this Agreement restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).


3. Eligible hirers
3.1. To hire the Garment, You must be aged 18 or older. If You hire the Garment on behalf of any person who is aged under 18, you must notify FAM when You make the booking.

3.2. If You hire the Garment on behalf of a company or organisation, You represent and warrant that You are the authorised representative of that company or organisation with the authority to bind such company or organisation to this Agreement and agree to be bound by this Agreement on behalf of such company or organisation.


4. Garment hire
4.1. FAM agrees to hire the Garment to You for the Hire Period in return for the Fees.

4.2. The Garment can only be delivered to Australian metropolitan areas and such other areas as approved by FAM.

4.3. You can only book a Garment within two months of the Delivery Date.

4.4. FAM reserves the right (at its discretion) to request proof of your identity prior to agreeing to hire the Garment to You.


5. Payment
5.1. At the time You make the booking, You must pay the Fees and supply the details of an acceptable credit card for any charges incurred under this Agreement.

5.2. You expressly authorise FAM to deduct any charges incurred under this Agreement (including, but not limited to, the Fees and other amounts that FAM is entitled to charge You as set out in this Agreement) from your credit card.

5.3. If FAM is unable to charge your credit card for the amounts it is entitled to charge under this Agreement for any reason, then You agree to pay those amounts to FAM promptly on demand.

5.4. Unless stated otherwise, the Fees and any other costs or charges include GST.


6. Damage to Garment
6.1. You must not lose or damage the Garment (other than fair wear and tear as determined by FAM).

6.2. You must not alter or modify the Garment in any way.

6.3. If the Garment is lost, stolen or damaged beyond repair (as determined by FAM) and other than fair wear and tear (as determined by FAM), FAM is entitled to charge You:
(a) where the Garment is stated on the FAM website to be from the current season at the time of the booking, 100% of the Recommended Retail Value of the Garment; or
(b) where the Garment is stated on the FAM website to be from a previous season at the time of the booking, 60% of the Recommended Retail Value of the Garment.

6.4. If the Garment is damaged but repairable (as determined by FAM), FAM will notify You of the costs of repair and will be entitled to charge You such costs.


7. Title and risk
Full ownership of, and title in, the Garment remains with FAM at all times. You are responsible for, and bear the risk of, the Garment from the date and time of delivery to your nominated premises to the date and time when You return the Garment to the Courier (which includes any period of time when the Garment is left unattended at your premises).


8. Return of Garment
8.1. Nothing in this clause 8 is intended to affect or otherwise limit the operation of clause 2
(Statutory consumer rights).

8.2. Unless otherwise agreed in writing, You must return the Garment in its original packaging to the Courier on or prior to the Return Date and Time.

8.3. Unless agreed otherwise in writing, if the Garment is received by the Courier after the Return Date and Time, You will be charged a late return fee of $50 per day, for that day and for every day until the Garment is received by the Courier.

8.4. If the Garment is not received by the Courier within 7 days of the Return Date and Time, the Garment will be deemed lost and clause 6.3 will apply unless You agree to FAM collecting the Garment from You, in which case FAM will charge You the cost of collecting the Garment.

8.5. If the Garment is defective when You receive it (acknowledging that the Garment may not be in brand new condition and may have been worn previously and subject to fair wear and tear), You must take photographic evidence of the defect and send those photographs to FAM at hello@fashionaltamoda.com.au within 8 hours of receiving the Garment at your premises.

8.6. If the Garment does not fit You when You receive it, You must notify FAM no later than 24 hours of receiving the Garment at your premises.

8.7. Without limitation to clauses 8.5 and 8.6, if You are unsure whether the Garment will fit You, You may order the Garment in two sizes, subject to availability. The hire of both sizes is governed by the terms of this Agreement. You may return one or both of those sizes provided that You notify FAM no later than 24 hours of receiving both sizes at your premises. If you return both sizes, FAM will charge you a non-refundable fee of $100.

8.8. Without limitation to clauses 8.5, 8.6 and 8.7, no refunds are available for change of mind on or after the Delivery Date.

8.9. You must not remove any tags from the Garment if the Garment is defective or does not fit You.


9. Booking cancellation
9.1. Without limitation to clauses 8.5 and 8.6, You may cancel your booking subject to the following
cancellation fees:
(a) for cancellations that are 14 or more calendar days in advance of the Delivery Date, FAM will fully refund the Fees paid by You (excluding an administrative fee of $50);
(b) for cancellations that are less than 14 calendar days, but more than 7 calendar days, in advance of the Delivery Date, FAM will refund 75% of the Fees paid by You (excluding an administrative fee of $50); and
(c) for cancellations that are 7 or less calendar days in advance of the Delivery Date, FAM will refund 50% of the Fees paid by You (excluding an administrative fee of $50).

9.2. The cancellation fees set out in clause 9.1 represent a genuine pre-estimate of the loss suffered by FAM as a result of the cancellation.

9.3. FAM reserves the right to cancel your booking at any time before the Garment is delivered to You if the Garment is unavailable. If FAM cancels the booking, FAM will fully refund the Fees paid by You.


10. Styling Service
10.1. To the extent that You use the Styling Service, You authorise FAM to charge You the Styling Service Fees when You book the Styling Service.

10.2. If You cancel your booking for the Styling Service 3 or more calendar days in advance of the Styling Service Date, FAM will fully refund the Styling Service Fees paid by You.

10.3. If You cancel your booking for the Styling Service less than 3 calendar days in advance of the Styling Service Date, FAM may elect to retain the Styling Service Fees paid by You.


11. Intellectual property
For any content that You create and send to or identify FAM in, including but not limited to photos of You wearing the Garment or otherwise featuring the Garment, You grant FAM a perpetual, irrevocable, royalty-free, non-exclusive, transferable, world-wide licence to use, modify and reproduce that content.


12. Privacy
You agree to us collecting, using and disclosing your personal information in accordance with our privacy policy.


13. Your account information
13.1. You represent and warrant that any information You provide to FAM is correct and You undertake to keep this information accurate and up-to-date at all times.

13.2. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account. You may close your account at any time by following the instructions that will be updated from time to time on FAM’s website.


14. Limitation of liability
To the extent permitted by law, You agree that FAM’s liability to You for any and all claims connected directly or indirectly with this Agreement are limited in aggregate to the Fees paid and payable by You under this Agreement.


15. Dispute resolution
You and FAM agree to use reasonable endeavours to resolve any dispute that arises in connection with this Agreement by negotiation before starting legal proceedings.


16. General
16.1. You must maintain possession of the Garment at all times, and not assign or deal with your interest under this Agreement without the prior written consent of FAM.

16.2. This Agreement is governed by the law in force in New South Wales and each party submits to the jurisdiction of the courts exercising jurisdiction in that State.

16.3. This document contains the entire agreement between You and FAM in relation to the hire of the Garment.


17. Definitions
These terms have the following meanings in this Agreement:

Agreement means these standard terms and conditions and the booking confirmation for the hire of the Garment.
Courier means the courier designated by FAM to be used by You to return the Garment to FAM.
Delivery Date means the date for the delivery of the Garment by FAM to You specified in the booking confirmation.
Delivery Charges means the charge for delivery of the Garment as specified in the booking confirmation.
Fees means the fee for hire of the Garment and Delivery Charges, both as specified in the booking confirmation.
Garment means the Garment described in the booking confirmation that FAM agrees to hire to You.
Hire Period means the period commencing on the Delivery Date and concluding on the Return Date and Time.
Recommended Retail Value means the Recommended Retail Value of the Garment stated on the FAM website.
Return Date and Time means 5pm on the date for the return of the Garment by You to the Courier specified in the booking confirmation.
Styling Service means the styling service described in the booking confirmation that FAM agrees to provide to You.
Styling Service Date means the date for the Styling Service specified in the booking confirmation.
Styling Service Fees means the fee for the Styling Service as specified in the booking confirmation.
You means the hirer of the Garment.