Terms & Conditions
The Commonwealth Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“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 the User hires Apparel as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
Any instructions received by Her Style AU from the User for the hire of Apparel and/or the User’s acceptance of Apparel supplied on hire by Her Style AU shall constitute acceptance of the terms and conditions contained herein.
Where more than one User has entered into this agreement, the Users shall be jointly and severally liable for all payments of the Price.
Upon acceptance of these terms and conditions by the User the terms and conditions are irrevocable and can only be amended with the written consent of Her Style AU.
The User shall give Her Style AU not less than fourteen (14) days prior written notice of any proposed change in the User’s details (including but not limited to, changes in the User’s address, facsimile number, or business practice). The User shall be liable for any loss incurred by Her Style AU as a result of the User’s failure to comply with this clause.
Apparel is supplied by Her Style AU based only on the terms and conditions of hire herein to the exclusion of anything to the contrary in the terms of the User’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of hire.
Price and Payment
The Price shall be Her Style AU’s current Price, at the date of delivery of the Apparel, according to Her Style AU’s current Price list as detailed on Her Style AU’s website.
Her Style AU reserves the right to change the Price in the event of a variation to the User’s requirements.
At Her Style AU’s sole discretion a deposit may be required.
At Her Style AU’s sole discretion a bond may be required which shall be refunded upon return of the Apparel in a condition acceptable to Her Style AU.
At Her Style AU’s sole discretion:
payment shall be due before delivery of the Apparel; or
payment for approved Users shall be made by instalments in accordance with Her Style AU’s payment schedule.
Payment may only be made by credit card (only Amex, Mastercard and Visa accepted) , by Afterpay or by any other method as agreed to between between Her Style AU and the User.
In the event that an invoice is issued for payment for any reason, then the payment shall will be due within 7 days.
Receipt by Her Style AU 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.
GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
All Prices on our website are denominated in Australian Dollars.
Rental Period and Late Fees
Rental period shall commence from when the User (or a third party nominated by the User) signs the Courier’s delivery receipt and shall continue until the Apparel is returned on the last day of the agreed hire term.
Her Style AU also reserves the right to charge the credit card on file in your account or otherwise collect payment from you and pursue any avenues available to The Volte in this regard, in situations in which you have been determined, in Her Style’s sole discretion, to have returned items late. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for the additional hire period to the applicable to Her Style AU(if applicable). Unpaid invoices will be passed on to a debt-collection service with collection costs recoverable.
Where Apparel has not been returned to Her Style AU by the Rental Return Due Date then Her Style AU shall be entitled to charge additional hire fees until the Apparel is returned to Her Style AU and the User expressly authorises Her Style AU to deduct such additional hire fees from the User’s credit card which was provided at the time of placement of the User’s order. Such additional charges shall be charged a fixed fee of $30 for each day overdue. Late fees will be capped at 15 days. If the User has not returned the rental item(s) within 15 days after the return date, Her Style AU will consider the rental item(s) as non-returned and will charge the User’s credit card 150% of the recommended retail value.
When counting overdue days Her Style AU shall not count either Sundays or Public Holidays when the post office is closed as being part of the overdue period.
If the User pays Her Style AU an amount equal to 150% of the recommended retail value in late fees and the User still has the item(s) in their possession, the item(s) is The User’s to keep.
Delivery of the Apparel
At Her Style AU’s sole discretion delivery of the Apparel shall be deemed to have taken place when the Apparel is delivered to the User’s nominated delivery address and the User (or a third party nominated by the User) has signed the delivery receipt.
The fastest shipping method is automatically applied at checkout to ensure your order is dispatched to you by 5pm on your requested date. Our shipping fee is a flat rate of $15. This fee includes the delivery to you, and the return back to us (in a pre-paid box).
You understand and agree that this authority to leave gives us and/or our selected couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.
Her Style AU’s standard delivery method is Express Delivery Service, operated by Australia Post (see Australia Post's Terms and Conditions). Express Delivery is a guaranteed next business day delivery within the Express Post network only. If the User’s location is outside of the Express Post network, it will take more than one business day and Her Style AU has no control over this.
Please make sure you request SATURDAY Delivery at checkout in the notes if this is required. This is only valid for Melbourne customers.
Her Style AU can arrange same day and courier delivery via Star Track for last minute deliveries at the extra cost of the customer for an additional $20-40 dependant on quote.
The User shall make all arrangements necessary to take delivery of the Apparel whenever tendered for delivery. In the event that the User is unable to take delivery of the Apparel at the nominated delivery address and for any reason Her Style AU is required to redeliver the Apparel then Her Style AU shall be entitled to charge a reasonable fee for the re-delivery.
Any delivery time or date given by Her Style AU to the User is an estimate only. The User must still accept delivery of the Apparel even if late and Her Style AU will not be liable for any loss or damage incurred by the User as a result of the delivery being late.
The Client shall inspect the Garment on pickup and notify of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.
The Client acknowledges that the Garments which they are hiring from Her Style AU may not be in their original condition and are therefore may be subject to general fair, wear and tear and minor defects.
The Client will not be entitled to the provision Her Style AU in the below clauses of these Terms if the Garment is subject to general fair, wear and tear. The nature of general fair, wear and tear will be determined by Her Style AU in our sole discretion.
You must inspect your dress, notify us and send through photos of any damage within 4 hours of delivery of the garment. You may be responsible for the damage if we are not notified within this time period or sent photo evidence of the damage. We highly recommend posting at a post office where the parcel is scanned. If the dress arrives back to us late and you are unable to provide proof that it was posted within the 24 hours of delivery then you will not be entitled to a refund.
You must email firstname.lastname@example.org indicating your intention to mail back the product for refund.
If a product doesn’t fit correctly and it is returned unworn within 24 hours, you are entitled to receive a credit equal to the hire fee minus the delivery charges. You must email email@example.com indicating your intention to mail back the product for credit. The term “unworn” will be determined by Her Style AU and must be fulfilled prior to a credit being issued.
Her Style AU takes care of the cleaning of Garments between hires. The Client agrees that they will not attempt to clean, press, alter or repair the dress.
Her Style AU retains property of the Garment nonetheless all risk for the Garment passes to the Client on pickup/delivery.
Her Style AU offers damage insurance to the value of fifty dollars ($100) to cover minor damage or staining for the price of $30 to be purchase and paid for by the client at checkout. For minor damage and/or staining if we assess (at Her Style's sole discretion) that the cost of repairs will be over one hundred dollars ($100), then the User will be required to pay the difference (e.g. if the repair cost is one hundred dollars ($150), then Her Style AU will require the User to pay fifty dollars ($50).
If you return a Product that is damaged beyond normal wear and tear, lost or stolen, then you agree that we shall charge you for the cost of repairing or replacing the Product (As determined and in our discretion, up to the Retail Value for the Product)
If the Garment gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client.
The Client will be liable to pay for the replacement of the item. In assessing the replacement value, Her Style AU will take into account the following:
- The demand of that dress in the market
- The availability to purchase that dress in the market
- The condition of the dress
- The rental fee that the Client has already made.
To cancel your order, please contact us at firstname.lastname@example.org.
You may cancel your rental order subject to the following cancellation fees and policies:
Cancellation thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full store credit for the Rental Fee associated with the cancelled order. This credit can be applied to any future rental placed within 3 months of the cancellation date.
If you cancel fourteen (14) or fewer days in advance of the delivery date, you will receive a credit to your account for the Rental Fee associated with the cancelled order, minus a cancellation fee of $25.
If you contact us within 7 days and we haven’t dispatched your designer dress, we will cancel the order without any charge.
All cancellations will be given a store credit to be used with no expiry date. Please note we do not refund cancellations.
If you cancel your order within 7 days of your booking, we will issue a cancellation fee of $25.
Any orders cancelled once posted will also incur the cost of shipping. Please simply accept the order from the courier, email us at email@example.com and replace the address label with the one provided in your box and return it at an express post box or office within 24 hours of signing the receipt of delivery.
Title To Hired Garment
The Garment is and will at all times remain the absolute property of Her Style AU
If the Client fails to return the Garment to Her Style AU then Her Style AU or Her Style AU agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Garment is situated and take possession of the Garment.
The User shall:
immediately notify Her Style AU of any damage to the Apparel that occurs during the hire period;
on termination of the hire, deliver the Apparel complete with all accessories, in good order as delivered, fair wear and tear accepted, to Her Style AU;
keep the Apparel in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Apparel;
not alter or make any additions to the Apparel or in any other manner interfere with the Apparel.
One credit note only can be applied per order. Credit notes have no expiry date. Orders placed using credit notes are final and cannot be refunded or exchanged for another credit note.
User's Default and Consequences of Default
If the User owes Her Style AU any money the User shall indemnify Her Style AU from and against all costs and disbursements incurred by Her Style AU in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Her Style AU’s collection agency costs, and bank dishonour fees).
Without prejudice to any other remedies Her Style AU may have, if at any time the User is in breach of any obligation (including those relating to payment) under these terms of hire Her Style AU may repossess the Apparel, or suspend or terminate the supply of Apparel to the User and any of its other obligations under the terms and conditions. Her Style AU will not be liable to the User for any loss or damage the User suffers because Her Style AU has exercised its rights under this clause.
Without prejudice to Her Style AU’s other remedies at law Her Style AU shall be entitled to cancel all or any part of any order of the User which remains unperformed in addition to and without prejudice to any other remedies Her Style AU may have and all amounts owing to Her Style AU shall, whether or not due for payment, become immediately payable in the event that:
any money payable to Her Style AU becomes overdue, or in Her Style AU’s opinion the User will be unable to meet its payments as they fall due; or
the User becomes 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 any asset of the User.
Security and Charge
In consideration of Her Style AU agreeing to supply Apparel, the User charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the User either now or in the future, to secure the performance by the User of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
The User indemnifies Her Style AU from and against all Her Style AU’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Her Style AU’s rights under this clause.
The User irrevocably appoints Her Style AU and each director of Her Style AU as the User's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the User's behalf.
User Generated Content
For any content that you submit - any information such as data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Service - you grant Her Style AU a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.All content that you submit may be used at Her Style AU’s sole discretion.
We reserve the right to change, condense or delete any content on our website that Her Style AU deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. Her Style AU does not guarantee that you will have any recourse through Her Style AU to edit or delete any content you have submitted. Ratings, reviews and written comments are generally moderated and published within two to four business days. However, Her Style AU reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Her Style AU, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Her Style AU, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees. By submitting any content to Her Style AU, you represent and warrant that:
You are the sole author and owner of the intellectual property rights thereto;
All "moral rights" that you may have in such content have been voluntarily waived by you;
All content that you post is accurate;
Use of the content you supply does not violate these Terms and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
That is known by you to be false, inaccurate or misleading;
That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
For which you were compensated or granted any consideration by any third party;
That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Her Style AU (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
Items that are purchased to keep (i.e. not hired) are final and cannot be returned for a refund or exchange.
IMPORTANT: Please note Clearance Sale items will be processed within 2-4 business days of processing. All clearance items are sent express and will be delivered within 1-2 business days after being despatched.
The Her Style AU Instagram Photo Tagging Monthly Giveaway
How to participate
User must post photos of themselves wearing an outfit rented from Her Style AU on Instagram
Tag @HerStyleAU in their photo
Mention @HerStyleAU in description
Monthly giveaway timeline Entry submissions conclude at 11:59pm on the last day of the month
A Winner will be chosen at 12:00pm on the first day of the month and contacted via Instagram DM with their unique code. (b) Winner will receive a coupon valued at $50 valid for 3 months from the time of announcement. (c) Entry must not be removed from the feed for 6 months since it is posted, otherwise, they are not eligible to enter future giveaway. (d) Winner is eligible to enter in the proceeding months given they follow the guidelines mentioned above.
Jurisdiction and Law
Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in Victoria. By accessing this Website You consent and submit to the non-exclusive jurisdiction of the Courts of Victoria in all matters arising out of or in connection with Your use of this Website and terms.
If You have a concern please contact the Support Services Team who will endeavour to assist. If We are unable to fully address Your concern We ask You to lodge a formal complaint in writing. We commit to responding to You within two business days (Melbourne time).
The Support Services Team will respond in writing to You in an attempt to address and rectify any concerns.
If You are still dissatisfied, our Operations Manager will assist You in an attempt to finally resolve.
You and Her Style agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
If a dispute arises between You and Her Style, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes – This Agreement will be governed in all respects by the laws of Victoria. We encourage you to try and resolve disputes using certified mediation. If a dispute cannot be resolved then you and Her Style irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria.
PART B: DIRECT DEBIT SERVICE TERMS
Structure of Direct Debt Service Terms
This Agreement forms part of the Hire Terms and Conditions, which apply each and every time We provide Services to you. To the extent of any inconsistency, the Hire Terms and Conditions prevail over this Agreement.
By signing the Direct Debit Request, you authorise us to arrange for funds to be debited from your Card or Account (as applicable) in accordance with this Agreement and Hire Terms and Conditions.
We will only arrange for funds to be debited as authorised by this Agreement and the Hire Terms and Conditions. For example, we may debit funds from your Card or Account (as applicable) for the payment of Our Prices.
If an authorised debit falls on a day that is not a Banking Day, we may direct your financial institution to debit your Card or Account (as applicable) on the following Banking Day.
Changes by us
We may vary the Agreement at any time by giving you at least 14 days’ written notice. If you do not agree to these changes to the Agreement, you may terminate the Agreement by written notice no later than 13 days after the date on which you received written notice of the changes.
Changes by you
You may cancel, defer or change a Direct Debit Request by notifying us in writing at firstname.lastname@example.org at least 14 days before the day on which your next debit is due.
If you cancel or defer Direct Debit Request, we may not be able to provide you with Services, unless you provide Us with new Direct Debit Request details.
It is your responsibility to ensure that there are sufficient funds available on your Card or Account (as applicable) to allow each debit to be made in accordance with the Direct Debit Request. If there are insufficient funds:
the transaction will be rejected and the payment will be treated as if it were never made;
your Financial Institution may charge you a fee and/or interest;
we may charge you a dishonour fee; and
you must arrange for the debit to be made by another method or arrange for sufficient funds to be available by an agreed time so that we can process the debit.
It is your responsibility to check your Card or Account statement (as applicable) to verify that the amounts debited from your Card or Account are correct.
If you believe that an error has been made in debiting your Card or Account (as applicable), you should notify us as soon as possible in writing at email@example.com.
We will investigate your enquiry and if we conclude that:
your Card or Account has been incorrectly debited, we will notify you in writing and arrange for your Financial Institution to adjust your Card or Account accordingly; or
your Card or Account has not been incorrectly debited, we will notify you in writing with reasons and any evidence for this finding.
‘Account’ means the bank account nominated on your Direct Debit Request (if any).
‘Agreement’ means these direct debit service terms and Direct Debit Request.
‘Banking Day’ means a day other than a Saturday, Sunday or public holiday listed throughout Australia.
‘Card’ means the credit card nominated on the Direct Debit Request (if any).
‘Direct Debit Request’ means the direct debit request between you and us in Part A of this form.
‘Financial Institution’ means the financial institution where you hold the Card or Account from which you have authorised us to debit payments.
‘Hire Terms and Conditions’ means the hire terms and conditions between Us and you in relation to the provision of the Services.
‘Price’ means the fees and charges payable by you to Us for the Services as set out in the Hire Terms and Conditions, and includes late fees and fees (at the recommended retail price) to replace any fashion apparel lost, destroyed or ruined by you.
‘Services’ means the fashion rentals services provided by Us to you as further specified in the Hire Terms and Conditions.
“Her Style AU” (‘Us’, ‘Our’ or ‘we’) means Her Style AU (ABN 71 801 433 794) of 84A Bell Street, Heidelberg Heights, Victoria.
.‘you’ or ‘your’ means the customer who signed the Direct Debit Request.
“Services” means the Her Style AU website located at Her Style AU.com.au (the “Site”) and related services including Her Style AU’s fashion rental services and its content (the “Content”).
“User” (“client”, “customer”, “you” or “your”) means the User or any person acting on behalf of and with the authority of the User.
“Apparel” means all Apparel (including any fashion accessories e.g. dresses) supplied on hire by Her Style AU to the User (and where the context so permits shall include any incidental supply of services). The Apparel shall be as described on any invoices or other documentation provided by Her Style AU to the User.
“Rental Period” means the 4 or 8-day period that the User booked the Apparel for - starting from the day the Apparel is delivered to the User’s delivery address, to the day the Apparel is supposed to be dropped in mail by the User, as shown on Her Style AU’s website.
“Rental Price” (“price”) means the cost of the hire of the Apparel as agreed between Her Style AU and the User subject to clause 4 of this contract.
“Rental Return Due Date” means the date the Apparel is expected to be back at Her Style AU’s warehouse. The Rental Return Due Date is calculated to be within 2 to 3 business days from the end of Rental Period, depending on the User’s location.
How to contact us:
Write to us at: firstname.lastname@example.org or
Submit a contact query at www.herstyleau.com.au/pages/contactus