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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 / Fit Concerns

8.1. General Return Policy: The policies outlined in this section do not override the statutory consumer rights detailed in clause 2.

8.2. Return Deadline: The Garment must be returned in its original packaging to F.A.M. on or before the specified Return Date and Time, unless a different arrangement is agreed upon in writing.

8.3. Late Return Penalties: A late return fee of $50 per day is applicable if the Garment is returned after the Return Date and Time. This fee accrues daily until F.A.M. receives the Garment.

8.4. Deemed Loss: If the Garment is not received by F.A.M. within 7 days past the Return Date and Time, it will be considered lost, and clause 6.3 will apply.

8.5. Defective Garments: In case of receiving a defective Garment, you must provide photographic evidence of the defect to FAM at hello@fashionaltamoda.com.au within 8 hours of the Garment's arrival at your premises.

8.6. Fit Issues: Notify FAM at hello@fashionaltamoda.com.au within 8 hours of receiving the Garment if it does not fit. Keep all tags attached for returns due to fit issues.

8.7. Fit Guarantee Options: If you report a fit issue within the specified 8 hours, F.A.M. offers two options:

  • Option 1: A free exchange equal to the value of your order (additional shipping costs apply or free if picked up in store).
  • Option 2: A refund minus a $50 administrative fee and postage costs.

8.8. No Refunds for Change of Mind: Refunds are not available for change of mind on or after the Delivery Date, as per clauses 8.5, 8.6, and 8.7.

8.9. Tag Removal: Do not remove any tags from the Garment if it is defective or does not fit.

 

9. Booking Cancellation

9.1. Cancellation Fees: Without limitation to clauses 8.5 and 8.6, You may cancel your booking subject to the following
cancellation fees:

  • (a) Within 24 hours of payment: Full refund, minus a $50 administrative fee.
  • (b) More than 1 week before the Delivery Date: Credit for a future booking, minus a $50 administrative fee.
  • (c) Within 1 week of the Delivery Date: No refund or credit.

9.2. Store Credit Validity: Store credits issued as per clause 9.1(b) are valid for a period of one (1) year from the date of issuance. The credit must be used within this one-year period, after which it will expire and no longer be available for use.

9.3. Cancellation Fee Justification: The fees in clause 9.1 are a genuine estimate of the loss incurred by FAM due to cancellation.

9.4. FAM Cancellation Rights: FAM may cancel your booking at any time before delivery if the Garment is unavailable. In such cases, 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.

 

18.  Gift cards or gift vouchers

FASHION ALTA MODA Gift Cards are sold subject to the following terms and conditions:

a) Gift Cards are valid for 12 months from the date of purchase.

b) Gift Cards cannot be returned or refunded and are non-transferable.

c) Gift Cards can only be purchased with a debit or credit card; account credit cannot be used to buy a Gift Card.

d) If your order exceeds your credit value, any remaining balance must be paid for by credit or debit card.

e) FASHION ALTA MODA  is not responsible if a Gift Card is lost, stolen, destroyed or used without your permission.

f) FASHION ALTA MODA  reserves the right to cancel a Gift Card if we deem such action necessary.

 

  1. Memberships:

You may purchase a Fashion Alta Moda membership (Membership). The entitlements of Your Membership and its Membership Fee will depend on the particular Membership which You have selected. Further details are available on the Store at: (or any other location specified by Us from time to time) or otherwise will be provided to You on registration of Your Membership (Membership Details).

19.1     Fashion Alta Moda currently offers two Membership plans (these may change at any time)

19.1.1. FAM Premium Membership - $950/month/ 4 x months:

  • It is a 4-month subscription plan that automatically renews every month for four months from the start date.
  • 7 garments are allowed during the 4-month subscription period, regardless of the distribution over the months.
  • Choose any dress and accessory for up to 7 outfits (each outfit valued at $700 or less). For items exceeding this value, the difference can be paid on the order date.
  • any unused garment quotas cannot be carried forward or used outside the subscription period.
  • Garments on hire will be treated to the same Terms and conditions outlined here, www.fashionaltamoda.com (https://www.fashionaltamoda.com.au/pages/terms-and-conditions).

 

19.1.2. FAM VIP LUXURY Membership - $1,150/month / 4 months:

  • A locked-in 4-month subscription plan,
  • 8 garments are allowed during the 4-month subscription period, regardless of the distribution over the months.
  • Any unused garment quotas cannot be carried forward or used outside the subscription period.
  • Garments on hire will be treated to the same Terms and conditions outlined here, www.fashionaltamoda.com (https://www.fashionaltamoda.com.au/pages/terms-and-conditions).
  • Your Membership commences on the sign-up and payment date and continues for a term of four (4) months.

 

  • Your Membership is automatically renewed (for another 4 months) on the month's anniversary of the sign-up date of Your Membership Period unless You contact Us and complete the Cancellation Form 5 days before the renewal date to cancel or pause it and return any Products that are On Hire. For the avoidance of any doubt, cancellation or suspension of Your Membership will not be effective and You will continue to be liable for the Membership Fee until all Products On Hire are returned to Us.
  • In respect of automatic renewal, You will be billed for each continuous Membership period at Our then-current Membership Fee, which We may automatically deduct using Your chosen payment method provided upon Your initial registration.
  • You may be entitled to hire one or more Products as part of Your Membership as set out in the Membership Details.
  • We may change the inclusions or Membership Fee applicable to Your Membership by making a change to the Membership Details. If We do so, We will let You know by email of any changes at least 14 days before Your next renewal so that You are able to cancel Your Membership if You do not agree to the new Membership Details.
  • You must comply with any additional terms set out in the Membership Details.
  • Payment Defaults: If there is a payment default during the subscription period, please note that we will attempt to charge your card multiple times until the payment is successful. Should the payment not be able to be processed, Fashion Alta Moda will contact you by phone and email to arrange an alternative payment request and to obtain your updated payment details. Should payment not be received, FAM at its absolute discretion may suspend the subscription until the payment is received. A late payment fee of $10 per day may also be charged for every overdue day, at FAM’s absolute discretion. Please note that it is your responsibility to keep your payment details up-to-date to ensure there are no interruptions to your subscription and to avoid any potential late payment fees. Should you continue to be unresponsive or fail to update your payment details within a designated timeframe, FAM may cancel your subscription in its absolute discretion.
  • Membership Deliveries
    • Sydney Deliveries and Returns - you can elect to pick up and return to the store. If requiring courier delivery & return, a flat fee of $45 will be charged per hire. (NOTE: FAM delivery costs are for special packaging, large box signed delivery via trusted couriers and include insurance for loss).
    • For Interstate Deliveries and returns, a flat fee of $75 will be charged per hire. (NOTE: FAM delivery costs are for special packaging, large box signed delivery via trusted couriers and include insurance for loss).
    • At Our sole discretion, delivery of the Products shall be deemed to have taken place when the Products are delivered to Your nominated delivery address (which for the avoidance of doubt may be a nominated post office) and You (or a Third Party on Your behalf) have signed the delivery receipt, or it has been left in a safe place.
    • You shall make all arrangements necessary to take delivery of the Products whenever tendered for delivery. In the event that You (or a Third Party on Your behalf) are unable to take delivery of the Products at the nominated delivery address and for any reason We are required to redeliver the Products then We shall be entitled to charge You a reasonable fee for the re-delivery.