RENTAL TERMS & CONDITIONS
ABBIE JAMES Terms and Conditions
These Terms are between you and Abbie James ABN 62 372 424 080 (referred to as We, Our or Us).
These are the terms on which We permit you (referred to as You or Your) to:
(a) access and use Our websites at https://www.abbie-james.com (and other subdomains at https://www.abbie-james.com.au), together with any other websites on which these Terms appear or any App We provide on any platform from time to time (Store) including using the services and functionality made available through the Store;
(b) view and interact with any content, Information, communications, advice, text or other material provided by Us or Our Related Entities on the Store (Service Content); and
(c) communicate and transact with Us.
You agree to be bound by these Terms when You use, browse or access any part of the Store. Products are supplied by Us based only on these Terms to the exclusion of anything to the contrary in the terms of the Booking notwithstanding that any such Booking is placed on terms that purport to override these Terms.
Additionally, from time to time, We may have pop-up locations in Third Party providers locations. For the avoidance of any doubt, if You use the Store through such locations, any transactions You enter into are between You and Us on these Terms.
Updates to Terms and Conditions
The Store is subject to change at any time without notice and may contain errors. We may from time to time review and update these Terms including to take account of new Laws, products or technology. Your use of the Store will be governed by the most recent Terms posted on the Store. By continuing to use the Store, You agree to be bound by the most recent Terms. It is Your responsibility to check the Store regularly for updated versions of the Terms.
1. Definitions and Interpretation
Account has the meaning set out at clause 2.1.
ACL means Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Additional Fees means the additional fees set out in Schedule 1 and Schedule 2 or elsewhere on the Store from time to time;
Affected Obligations has the meaning given to that term in the definition of Force Majeure Event.
Affected Party has the meaning given to that term in the definition of Force Majeure Event.
Booking means a request to hire or purchase Products, including as part of a Membership.
Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Melbourne, Victoria.
Cancellation Fees mean the fees payable for cancellation of a Booking for a One Time Rental, which are set out in Schedule 2.
Claim includes a claim, notice, demand, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award or loss, whether based in contract, civil, common law, tort (including negligence) or statute and whether involving a Party, Third Party or otherwise.
Confidential Information means:
(a) Information that at the time of disclosure by a Disclosing Party is identified to the Receiving Party as being confidential; and
(b) all other Information belonging or relating to a Disclosing Party, or any Related Entity of that Disclosing Party, that is not generally available to the public at the time of disclosure other than by reason of a breach of these Terms or which the Receiving Party knows, or ought reasonably to be expected to know, is confidential to that Disclosing Party or any Related Entity of that Disclosing Party.
Confirmation Email has the meaning set out at clause 3.1.
Consumable means a consumable item which is only offered by Us for sale on the Store.
Disclosing Party means the Party to whom Information belongs or relates.
Fees means Prices and Membership Fees.
Force Majeure Event means an event beyond the reasonable control of a Party including any act, event or cause being:
(a) an act of God, peril of the sea, accident of navigation, war, sabotage, riot, act of terrorism, insurrection, civil commotion, national emergency (whether in fact or Law), martial law, fire, lightning, flood, cyclone, earthquake, landslide, storm or other adverse weather conditions, explosion, power shortage, epidemic, quarantine, radiation or radioactive contamination;
(b) an action or inaction of a Government Agency, including expropriation, restraint, prohibition, intervention, requisition, requirement, direction or embargo by legislation, regulation, decree or other legally enforceable order; or
(c) termination or withdrawal by Third Party providers of any of the products, facilities or services used to provide the products or services hereunder, or other service disruptions involving hardware, software of power systems within such Party's possession or reasonable control and denial of service attacks,
to the extent that the act, event or cause directly results in a Party (Affected Party) being prevented from or delayed in performing one or more of its material obligations under these Terms (Affected Obligations).
Fulfilment Centre means Our fulfilment centre located at 181 Brunswick Street, Fitzroy Victoria, Australia or any such other address as may be notified by Us to You from time to time.
Government Agency means any government or any public, statutory, governmental (including a local government), semi-governmental or judicial body, entity, department or authority and includes any self-regulatory organisation established under statute in the relevant jurisdiction.
Information means any information, whether oral, graphic, electronic, written or in any other form, including:
(a) forms, memoranda, letters, specifications, processes, procedures, statements, formulae, technology, inventions, trade secrets, research and development information, know-how, designs, plans, photographs, microfiche, business records, notes, accounting procedures or financial information, sales and marketing information, names and details of customers, suppliers and agents, employee details, reports, drawings and data;
(b) copies and extracts made of or from that information and data, whether translated from the original form, recompiled, partially copied, modified, updated or otherwise altered; and
(c) samples or specimens disclosed by either Party.
Intellectual Property Rights means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:
(a) patents, inventions, designs, copyright, trade marks, brand names, product names, domain names, database rights, rights in circuit layouts, plant breeder's rights, know how, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
(b) any application or right to apply for registration of any of these rights;
(c) any registration of any of those rights or any registration of any application referred to in paragraph (b); and
(d) all renewals, divisions and extensions of these rights.
Late Fees mean the late fees payable for failing to return a Product by the Rental Return Due Date, which are set out at https://support.glamcorner.com.au/hc/en-us/articles/360021864191-Will-fees-apply-if-I-want-to-Cancel-my-Rental-Booking-.
(a) principles of law or equity established by decisions of courts;
(b) statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency; and
(c) requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that has the force of law.
Loss means any loss, damage, cost or expense.
Rental means a one-time rental of Products which are offered by Us for hire by You and made in accordance with clause 5.
On Hire in respect of Products means when it is hired by You as a One Time Rental or as part of the benefits of Your Membership, which You have not subsequently Purchased. For the avoidance of doubt, Consumables cannot be On Hire.
Party means You or Us.
Personal Information means Information or an opinion (including Information or an opinion forming part of a database), whether true or not, and whether recorded in a material form, electronic form or otherwise, about an identified individual or an individual who is reasonably identifiable, and includes anything that is defined as personal information or as sensitive information in the relevant Privacy Laws.
PPSA means the Personal Property Securities Act 2009 (Cth).
Prices mean the prices advertised for the purchase and rental of Products set out on the Store.
Privacy Law means any applicable Law, statute, regulation, ordinance, code, standard or requirements of any government, governmental or semi-governmental body which relates to privacy or health Information, including without limitation the Privacy Act 1988 (Cth) and the Australian Privacy Principles under that Act, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth), and any Australian (including State or Territory) legislation from time to time in force which relates to or affects privacy rights or Personal Information.
Product means an item of clothing, accessory and any other item offered for sale or hire by Us to You, as specified on the Store or any other documentation provided to You from time to time and for the avoidance of doubt includes a Consumable.
Purchase means a Booking to purchase Products made in accordance with clause 3.
Receiving Party means the Party to whom Information is disclosed or who possesses or otherwise acquires Information belonging or relating to a Disclosing Party.
Recipient has the meaning set out at clause 20.3(a).
Related Entity has the meaning given to that term in the Corporations Act 2001 (Cth).
Rental Return Due Date means for a One Time Rental the final date of the applicable Booking or any other due date agreed between the parties by which the Products are to be sent by You back to Our Fulfilment Centre.
Rental Period has the meaning set out at clause 5.1.
Terms means these agreed terms.
Third Party means any party other than Us or You.
Your Content has the meaning set out at clause 11.1.
In these Terms, unless the context requires otherwise:
(a) the singular includes the plural and vice versa;
(b) a gender includes the other genders;
(c) the headings are used for convenience only and do not affect the interpretation of these Terms;
(d) other grammatical forms of defined words or expressions have corresponding meanings;
(e) a reference to a document includes the document as modified from time to time and any document replacing it;
(f) a reference to a party is to a party to these Terms and a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;
(g) if something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day;
(h) the word "person" includes a natural person, partnership, body corporate, association, governmental or local authority, agency and any other body or entity whether incorporated or not;
(i) the word "month" means calendar month and the word "year" means 12 months;
(j) the words "in writing" include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient;
(k) a reference to a thing includes a part of that thing;
(l) a reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-enacted or replaced from time to time;
(m) wherever "include", "for example" or any form of those words or similar expressions is used, it must be construed as if it were followed by "(without being limited to)";
(n) money amounts are stated in Australian currency unless otherwise specified;
(o) a reference to time is to Sydney, Australia time;
(p) a reference to any agency or body, if that agency or body ceases to exist or is reconstituted, renamed or replaced or has its powers or functions removed (defunct body), means the agency or body that performs most closely the functions of the defunct body;
(q) any agreement, representation, warranty or indemnity in favour of two or more parties (whether those parties are included in the same defined term or not) is for the benefit of them jointly and severally; and
(r) any agreement, representation, warranty or indemnity by two or more parties (whether those parties are included in the same defined term or not) binds them jointly and severally.
2. Registration of Accounts
2.1 In order to access certain features and functionality of the Store You will have to register as a user of the Store and obtain an account (Account) by providing all of the Information required at registration. Where You checkout of the Store without obtaining an Account (i.e. as a guest user), We will create an Account for You under the email You provide to Us in making the relevant Booking.
2.2 When creating Your Account, You become a user and warrant that You are of legal age to form a binding contract with Us and have the necessary capacity to enter into a binding legal contract in the place where You are accessing the Store, and that all Information You have provided is true, accurate and complete. You must provide all Information required by the form.
2.3 You will be fully responsible for all acts and omissions of any person using Your password and Account, as if they were Your own acts and omissions. You agree that You will not share, disclose, or permit disclosure of, Your password, let anyone else access Your Account or do anything that would risk the security of Your Account. We will not in any event be liable for any Loss arising out of the use or misuse of Your password and Account, and You will indemnify Us against all Loss in this regard.
2.4 You must notify Us immediately if You become aware of any unauthorised access or use of Your Account.
2.5 You agree that You will not create more than one personal Account and if We disable or terminate Your Account for any reason, You will not create another one without Our permission, whether through the use of Your own personal details or those related to You or created by You.
2.6 We reserve the right to refuse registration of any Account, at Our sole discretion.
2.7 You shall give Us not less than fourteen (14) days prior written notice of any proposed change in Your details (including but not limited to, changes in Your address, email or phone number) in accordance with clause 26.7. You shall be liable for any Loss incurred by Us as a result of Your failure to comply with this clause 2.7.
3.1 By placing a Booking via the Store You are making an offer and commitment to purchase or hire Products in accordance with these Terms. A Booking is subject to acceptance or rejection by Us in Our sole discretion after receipt of the Booking.
3.2 Once You have made a Booking You will receive an email confirming the details of Your Booking and receipt of payment (where applicable) (Confirmation Email). If You do not receive a Confirmation Email, Your Booking may not have been accepted. If You haven't received a Confirmation Email, please contact Us to check the status of Your Booking.
3.3 Further terms and conditions related to the purchase or hire of Products may be notified to You via the Store before You finalise Your Booking. Your confirmation of any Booking indicates Your acceptance of those terms and conditions of supply, which will upon confirmation of the Booking be incorporated into these Terms in respect of that Booking.
3.4 Notwithstanding anything to the contrary, We may at any time following receipt of Your Booking accept, decline, or limit Your Booking for any reason whatsoever before the Products are delivered to You. If You have made a payment specific to the Booking, We will refund You if the Booking is cancelled by Us.
3.5 We do not accept Bookings originating from outside Australia or which involve delivery of Products outside Australia.
3.6 You must inspect the Products on delivery and shall within four (4) hours of receipt of the Products notify Us (by phone or email) of any alleged defect, shortage in quantity, damage or failure to comply with what was set out in the Booking.
3.7 If You wish to cancel a Booking, a cancellation request form must be submitted on the Store as soon as possible. If you have purchased Cancellation Protection at the checkout, then you will be eligible to receive a full cash refund of the Price of your Booking or Purchase. Please note that the Cancellation Protection amount itself is non-refundable. If your Booking is cancelled over 30 days before shipment then you will be eligible for a full cash Refund of the Price or we will issue you store credits equivalent to 100% of the Price. If your Booking is cancelled over 14 days before but less than 30 days before your shipment then you will be eligible for a full cash Refund of the Price minus a Cancellation Fee in accordance with Schedule 2. If your Booking is cancelled 14 days or less before shipment then we will issue You store credits equal to the value of the Price minus a Cancellation Fee in accordance with Schedule 2. In respect of One-Time Rentals and Purchases only, once the Products have been dispatched from Our premises, a refund request must be submitted via the Store instead of a cancellation request.
If an item Purchased and delivered is not suitable, we can provide you with a replacement for a $14.95 return processing and delivery fee. If the Price of the replacement item you select is greater than the Price of the item to be replaced, then you will also be charged the difference in order for your replacement to be confirmed. If the Price of the replacement item you select is less than the Price of the item to be replaced, then we will issue You store credits equal to the value of the difference.
All Purchases which are to be returned must be sent back to Us within twenty-four (24) hours of delivery (unworn with tags still intact or in respect of Consumables, unused and unopened). A refund request must be submitted within twenty-four (24) hours of delivery. Any refund requests submitted after twenty-four (24) hours of delivery are not eligible for a refund. Once We have received an unworn, tagged, or in respect of a Consumable, unused and unopened, Product back at Our Fulfilment Centre, We will issue You store credits equal to the value of the Price, minus the shipping cost. This does not limit Your rights under the ACL as set out in clauses 22.4 and 22.5.
5. One Time Rentals
5.1 Where You make a Booking for One Time Rentals, You will be entitled to use the relevant Products for the purchased rental period ending on the Rental Return Due Date (Rental Period). The Rental Period shall commence when the Products are delivered to Your nominated Address (which for the avoidance of doubt may be a nominated post office).
5.2 If You fail to return a Product to Us by the Rental Return Due Date, We will be entitled to charge You Late Fees. Where You have provided Your credit card or payment information upon registration, We will be entitled to automatically deduct such Late Fees using the relevant payment information. You may not apply or request Us to apply store credits to satisfy any Late Fees which We may charge You.
5.3 If You pay Us an amount equal to 150% of the recommended retail value in Late Fees and You still have the Product in Your possession, You may keep the relevant item(s).
5.4 If You have not returned the Product On Hire under a One Time Rental within 15 days after the Rental Return Due Date, We may consider the relevant Product as non-returned and charge Your credit card 150% of the recommended retail value, less any Late Fees We have already charged You.
5.5 If You cancel a Booking for a One Time Rental in accordance with clause 3.7, We will let You know any Cancellation Fees that are applicable before You proceed with the cancellation.
5.6 All One Time Rentals which are to be returned must be sent back to Us within twenty-four (24) hours of delivery (unworn with tags still intact). A refund request must be submitted within twenty-four (24) hours of delivery. Any refund requests submitted after twenty-four (24) hours of delivery are not eligible for a refund. Once We have received an unworn, tagged Product back at Our Fulfilment Centre, We will issue You store credits equal to the value of the Price, minus the shipping cost. This does not limit Your rights under the ACL as set out in clauses 22.4 and 22.5.
5.7 Where you make a booking with a Backup item and both items are returned to us as worn, you will be charged additional fees equal to the difference between the full rental price of both items minus the Price of your booking.
(a) Your Membership commences on the sign-up date and continues for a
8.1 Your Booking will be delivered to You using one of Our Third Party couriers.
8.2 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.
8.3 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 redelivery.
8.4 Our Memberships include delivery (which may be express from time to time in Our discretion) and return satchels. Details of the delivery inclusions in each Membership are set out in the Membership Details. Additional delivery options may be available on the Store or by contacting Us, including same day delivery.
8.5 For One Time Rentals and Purchases, the Store will provide delivery options (including return satchels for One Time Rentals). These may include standard, express and same day delivery options.
8.6 Any delivery time or date given by Us to You is an estimate only. We use Third Party delivery services which guarantee delivery times in some circumstances. However, You must still accept delivery of the Products even if late and We will not be liable for any Loss incurred by You as a result of the delivery being late.
9. Risk and Title
(a) Title in Products which You Purchase from Us passes to You upon the later of:
(i) delivery of the Products; or
(ii) payment of all amounts in respect of the Products.
(b) In respect of Products which are On Hire, title to the Products in Your Booking is and will at all times remain Our absolute property, subject to clause 9.1(c) below.
(c) In the event You Purchase a Product while it is On Hire, title in the Product passes to You upon payment of the agreed amount in respect of the Product.
(d) It is further agreed that while Products are On Hire:
(i) You are only a bailee of the Products and must return the Products to Us on request;
(ii) You hold the benefit of Your insurance of the Products on trust for Us and must pay to Us the proceeds of any insurance in the event of the Products being lost, damaged or destroyed.
(iii) You must not sell, dispose, or otherwise part with possession of the Products. If You sell, dispose or part with possession of the Products then You must hold the proceeds of any such act on trust for Us and must pay or deliver the proceeds to Us on demand; and
(iv) We may commence proceedings to recover the Price of the Products notwithstanding that ownership of the Products has not passed to You.
(e) If You fail to return the Products On Hire to Us then We or Our agent may (as Your invitee) enter upon and into land and premises You own, occupy or use, or any premises where the Products are situated and take possession of the Products.
(a) Risk of loss or damage to all items passes to You when We dispatch Your Booking from Our premises.
(b) You accept full responsibility for the safekeeping of the Products On Hire. We offer free damage insurance to the value of one hundred dollars ($100) to cover minor damage or staining. If We assess (in Our sole discretion) that the cost of repairs will be over one hundred dollars ($100), then You will be required to pay the difference provided that in all cases the difference payable will not exceed the recommended retail price listed on the Store in respect of the relevant Product.
(c) If a Product On Hire gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to Your negligence, failure, or omission then You will be liable to pay for replacement of the relevant Product. In assessing the replaceable value, We will take into account:
(i) the demand for the Product in the market;
(ii) the availability to purchase the Product in the market;
(iii) the condition of the Product; and
(iv) the Fees that You have already paid in respect to the Product.
10. Store & Service Content
10.1 The Store is owned and operated by Us or on Our behalf.
10.2 The Service Content on the Store is obtained and developed from a variety of sources including but not limited to collaborations with Third Parties and Information provided by Third Parties under licence. Inclusion of Service Content on the Store is not an endorsement of any organisation, product, service or advice.
10.3 All Intellectual Property Rights, including copyright, in the Store and Service Content are owned or licensed by Us or Our Related Entities. You must not copy, modify or transmit any part of the Store or Service Content.
10.4 The Store and Service Content may also contain Our, or Our Related Entities', licensor's or Third Parties' trade marks, logos and trade names, which may be registered or otherwise protected by Law. You are not permitted to use any trade marks, logos or trade names appearing on the Store or Service Content.
10.5 We grant You a non-exclusive and non-transferable licence to use the Store and Service Content (to the extent We have the right to do so) for Your own personal use, subject to the restrictions specified elsewhere in these Terms. It is not to be otherwise used for commercial exploitation.
10.6 If You have a complaint regarding any Service Content, Our sole obligation will be to review any written complaint notified to Us and, if We see fit, in Our sole discretion, to modify or remove the particular Service Content.
11. Your Content
11.1 When You use the Store (including the functionality made available through it), You may upload pictures, photographs, graphics, Information, comment, content, communication, text or other material to the Store (Your Content).
11.2 Any of Your Content uploaded to the Store:
(a) may be accessed and viewed by the public; and
(b) can be used by Us in accordance with the licence terms set out in clause 11.4 including to promote Our business.
11.3 You agree to be solely responsible for any of Your Content uploaded to the Store.
11.4 You retain all Intellectual Property Rights in Your Content uploaded to the Store. By uploading Your Content, You grant Us a perpetual, non-exclusive, royalty free, irrevocable, transferable and worldwide licence (including the right to sub-license) to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re-distribute, broadcast, transmit, create derivative works from and incorporate in other works, Your Content, at any time in the future in any form and for any purpose (including but not limited to promotion or advertising use in the future including publishing on social media channels).
11.5 Where You upload photographs, pictures, graphics, comment or other content through social media channels such as Facebook, Instagram and Twitter using hashtags related to Us or where you otherwise tag Us, You grant Us a licence to such content in the same manner set out in clause 11.4.
11.6 You consent to Your Content being altered, edited or adapted by Us for any reason including to ensure Your Content does not infringe these Terms. To the extent that You have any moral rights (pursuant to the Copyright Act 1968 (Cth)) in Your Content, by agreeing to these Terms, You provide an irrevocable and unconditional consent in favour of Us, Our successors, assignees, licensees and any other person authorised by any of them to use, modify or deal with Your Content (whether or not currently in existence) to:
(a) perform, exhibit, reproduce, adapt and communicate any part of Your Content in any medium and anywhere in the world without attributing You or any other person as an author of or contributor to that content;
(b) do any act or omission that would constitute a derogatory treatment of Your Content;
(c) make any use of Your Content that may falsely attribute authorship of Your Content to another person;
(d) delete, adapt or change any of Your Content in any way, including by addition to or subtraction from Your Content; or
(e) combine or juxtapose Your Content with anything else.
11.7 Where Your Content uploaded to the Store contains material from Third Parties, You warrant that You have obtained the moral rights consents described in clause 11.5 from such Third Parties.
11.8 We may access or examine any of Your Content and at Our discretion monitor, move, remove, block, modify, edit, refuse to upload or disable access to Your Content which We consider, in Our sole discretion, to breach any Law or these Terms or to be otherwise unacceptable.
11.9 You acknowledge that We:
(a) have no responsibility or liability for the deletion or failure to store Your Content or content of any other user uploaded to the Store; and
(b) are not responsible for Your Content uploaded to the Store or content of any other user nor under any obligation to monitor, move, remove, block, modify, edit, refuse to upload or disable access to it.
11.10 You represent and warrant that:
(a) You own Your Content or have the necessary licences, rights, consents and permissions to publish Your Content uploaded to the Store;
(b) You have the right and power to grant the licence contained in clause 11.4 to Us;
(c) Your Content uploaded to the Store will not infringe the Intellectual Property Rights of any Third Party;
(d) You will not upload content that will cause You to breach these Terms, in particular clause 12; and
(e) Your Content uploaded to the Store will not violate these Terms.
11.11 You understand that We do not guarantee any confidentiality with respect to Your Content uploaded to the Store.
11.12 You acknowledge and agree that We are under no obligation to take legal action in relation to commencing, defending, enforcing, settling or compromising (as appropriate) any infringement, claim or action relating to Your Intellectual Property Rights in Your Content.
12. Your Obligations
12.1 General Obligations
As a user, You will:
(a) comply at all times with the prohibited use policy set out in clause 12.2;
(b) in respect to Products On Hire:
(i) immediately notify Us of any damage to the Products that occurs during the hire period;
(ii) on termination of the hire, deliver the Products originally provided by Us to You in good order as delivered, with fair wear and tear accepted to Us. For the avoidance of doubt, replacement or inauthentic items will not be accepted;
(iii) keep the Products in Your own possession and control and will not assign the benefit of the hire contract nor be entitled to lien over the Products;
(iv) not alter or make any additions to the Products or in any other manner interfere with the Products; and
(v) comply with any reasonable requests from Us in respect to the use of the Products from time to time.
12.2 Prohibited Use Policy
You agree that in accessing and using the Store, You will not engage or attempt to engage in any activities that:
(a) download (other than page caching), transmit, copy, store, reformat or otherwise modify any element of the Store or Service Content;
(b) impersonate or falsely claim to represent a person or organisation;
(c) are commercial, including selling, marketing, advertising or promoting goods or services, except if expressly permitted by these Terms;
(d) frame the Store or the Service Content without Our express written consent;
(e) post, link to, or otherwise communicate or distribute any misleading, deceptive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or Information;
(f) bypass (or attempt to bypass) any security mechanisms imposed by the Store;
(g) provides access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the Intellectual Property Rights of another person;
(h) deletes or alters or attempts to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Store;
(i) knowingly posts, introduces or transmits, or permits the posting, introduction or transmission of a virus, worm, Trojan horse, malware, spyware, disabling or malicious device or code, time bomb, or any other software or hardware or configuration that may cause harm or change to the Store;
(j) breach or circumvent any applicable Laws in using or accessing the Store;
(k) damage or tamper with the operation of the Service Content; and
(l) use the Store or Service Content in a manner which is unlawful or would infringe the rights of another person, including any Intellectual Property Rights.
13. Price and Payment
13.1 Payment for a Booking is made online through the Store.
13.2 The Price shall be Our current Price, as at the date of the Booking, according to Our current Price list as detailed on the Store. Membership Fees are as set out in the Membership Details. All Fees are expressed in Australian Dollars.
13.3 We reserve the right to:
(a) change the Fees in the event of a variation to Your requirements;
(b) require a deposit to be made to Us; and
(c) require a bond to be paid which in such circumstances, will be refunded upon return of the Products in a condition acceptable to Us.
13.4 We also reserve the right to charge You Additional Fees in some circumstances, including if you wish to exchange or swap a Product or request a backup. We will always advise You of any Additional Fees before they are incurred.
13.5 Notwithstanding the above, the Fees may be changed from time to time. Any such change will be considered an update to these Terms for the purposes of the "Updates to Terms and Conditions" section above.
13.6 In Our sole discretion:
(a) payment shall be due before delivery of the Products; or
(b) payment for approved users shall be made by instalments in accordance with an agreed payment schedule.
13.7 In the event an invoice is used for payment for any reason, then payment shall be due within seven (7) days of the date of the invoice.
13.8 We accept payment using VISA, MasterCard,American Express, AfterPay, PayPal or by any other method We offer from time to time on the Store.
13.9 Receipt of payment shall not be deemed to be made until the form of payment has been honoured, cleared or recognised.
13.10 We may choose to only accept credit cards issued in Australia. The credit card holder must be either the billing or shipping recipient.
13.11 If You choose to pay by credit card, You authorise Us to debit the amount that is payable for an accepted Booking from Your nominated credit card account.
13.12 If We are unable to successfully process Your credit card for Your Booking that is accepted by Us, then We may cancel Your Booking.
13.13 You must not pay, or attempt to pay, for Bookings through any fraudulent or unlawful means.
13.14 If We cancel a Membership before the term expires, We will refund You for the balance of the term of the Membership.
13.15 Where You are due a refund, We will make every effort to process it as quickly as possible, however the refund process can take approximately ten to twenty (10-20) Business Days dependant on the independent processing time taken by the Your credit card provider and You acknowledge that We have no control over such credit card issuers processes.
13.16 The Fees set out on the Store are inclusive of goods and services tax.
14. Gift cards or gift vouchers
(a) Gift cards may be made available for one or more of One Time Rentals, Memberships or Purchases. You should ensure that You purchase the correct gift card for Your intended use.
(b) All gift cards, including those purchased through the Store, are subject to the following terms, which also appear on the back of each gift card:
(i) gift cards are non-refundable;
(ii) lost or stolen gift cards cannot be refunded or replaced;
(iii) gift cards are valid for 3 years from the date of issue;
(iv) any unused balance will be credited as a store credit amount; and
(v) gift cards may not be reloaded.
15. Recovery and Repossession
(a) If any amounts remain overdue for a period of 30 days, notwithstanding any other right set out in these Terms, We may engage a debt collector to recovery amounts owing.
(b) If You fail to return any Products to Us in accordance with clause 12.1(b)(ii) within 30 days from the date of termination, We or a Third Party engaged on Our behalf may enter onto any premises or land upon which the Products may be located and re-possess such Products.
(c) If You owe Us any money You shall indemnify Us from and against all costs and disbursements incurred by Us in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Our collection agency costs, and bank dishonour fees).
(d) If You fail to return any Products to Us You shall indemnify Us from and against all costs and disbursements incurred by Us in recovering the Products (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Our repossession agency costs, and bank dishonour fees).
16.1 In this clause 16, Financing Statement, Financing Change Statement, Register, Security Agreement and Security Interest has the meaning given to it by the PPSA.
16.2 Upon agreeing to these Terms You acknowledge and agree that these Terms constitute a Security Agreement for the purposes of the PPSA and create a Security Interest in all Products that have previously been supplied and that will be supplied in the future by Us to You.
16.3 You undertake to:
(a) promptly sign any further documents and/or provide any further Information (such Information to be complete, accurate and up-to-date in all respects) which We may reasonably require to:
(i) register a Financing Statement or Financing Change Statement in relation to a Security Interest on the Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 16.3(a)(i) or 16.3(a)(ii);
(b) indemnify, and upon demand reimburse, Us for all Losses incurred in registering a Financing Statement or Financing Change Statement on the Register or releasing any Products charged thereby;
(c) not register a Financing Change Statement in respect of a Security Interest without Our prior written consent; and
(d) not register, or permit to be registered, a Financing Statement or Financing Change Statement in relation to the Products in favour of a Third Party without Our prior written consent.
16.4 Both Parties agree that sections 96, 115 and 125 of the PPSA do not apply to the Security Agreement created by these Terms.
16.5 You waive Your rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
16.6 You waive Your rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
16.7 Unless otherwise agreed to in writing by Us, You waive Your right to receive a verification statement in accordance with section 157 of the PPSA.
16.8 You must unconditionally ratify any actions taken by Us under this clause 16.
16.9 Subject to any express provisions to the contrary nothing in these Terms is intended to have the effect of contracting out of any of the provisions of the PPSA.
17.4 Sharing Referral / Invite Links
Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites, Reddit, or Wikipedia).
18. Access and Communication
18.1 Subject to the consumer guarantees provided for in the ACL, We do not warrant that You will have continuous access to the Service Content or the Store.
18.2 We will not be liable if the Service Content or Store is unavailable to You due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
18.3 We do not guarantee the delivery or security of communications over the internet as such communications rely on Third Party service providers, and electronic communication (including electronic mail) is vulnerable to interception by Third Parties.
18.4 We do not provide, and have no control over, communications, networks or services, the internet or other technology required or used across the Store and accept no responsibility for any direct or indirect Loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
19. Links and advertisements
19.1 The Store may contain links to other websites. We have not reviewed all of the Third Party websites linked on the Store and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). We provide those links as a ready reference for searching for Third Party goods and services on the internet and not as an endorsement, support or sponsorship of those websites, their operators, the goods, services or content that they describe.
20.1 Obligations of confidentiality
Subject to clause 20.2 and 20.3, the Receiving Party must:
(a) keep the Confidential Information confidential and not directly or indirectly disclose, divulge or communicate any Confidential Information to, or otherwise place any Confidential Information at the disposal of, any other person without the prior written approval of the Disclosing Party;
(b) take all reasonable steps to secure and keep secure all Confidential Information coming into its possession or control;
(c) only use the Confidential Information for the purposes of performing, and to the extent necessary to perform, its obligations under these Terms;
(d) not memorise, modify, reverse engineer or make copies, notes or records of the Confidential Information for any purpose other than in connection with the performance by the Receiving Party of its obligations under these Terms; and
(e) take all reasonable steps to ensure that any person to whom the Receiving Party is permitted to disclose Confidential Information under clause 20.3 complies at all times with the terms of this clause 20 as if that person were a Receiving Party.
The obligations of confidentiality under clause 20.1 do not apply to:
(a) any Information that:
(i) is disclosed to the Receiving Party by a Third Party entitled to do so, whether before or after the date of these Terms;
(ii) was already lawfully in the Receiving Party's possession when it was given to the Receiving Party and was not otherwise acquired from the Disclosing Party directly or indirectly; or
(iii) is generally available to the public at the date of these Terms or subsequently becomes so available other than by reason of a breach of these Terms; or
(b) any disclosure of Confidential Information by the Receiving Party that is necessary to comply with any court order or applicable Law if, to the extent practicable and as soon as reasonably possible, the Receiving Party:
(i) notifies the Disclosing Party of the proposed disclosure;
(ii) consults with the Disclosing Party as to its content; and
(iii) uses reasonable endeavours to comply with any reasonable request by the Disclosing Party concerning the proposed disclosure.
20.3 Authorised disclosure
(a) A Receiving Party may disclose Confidential Information to any Related Entity, employee, agent, contractor, officer, professional adviser, banker, auditor or other consultant of the Receiving Party (each a Recipient) only if the disclosure is made to the Recipient strictly on a "need to know basis" and, prior to the disclosure:
(i) the Receiving Party notifies the Recipient of the confidential nature of the Confidential Information to be disclosed; and
(ii) the Recipient undertakes to the Receiving Party (for the benefit of the Disclosing Party) to be bound by the obligations in this clause 20 as if the Recipient were a Receiving Party in relation to the Confidential Information to be disclosed to the Recipient.
(b) The Receiving Party is liable for any breach of this clause 20 by a Recipient as if the Recipient were a Receiving Party in relation to the Confidential Information disclosed to the Recipient.
20.4 Breach of Confidence
Each Party must promptly notify the other Party if it becomes aware of any unauthorised access, use or disclosure of all or any part of the Confidential Information and must give that other Party all reasonable assistance in connection with any Claim which it may institute in connection with that unauthorised access, use or disclosure.
20.5 Return or destruction of Confidential Information
Immediately on the written request of the Disclosing Party, a Receiving Party must:
(a) cease the use of all Confidential Information of or relating to the Disclosing Party (or any Related Entity of the Disclosing Party);
(b) deliver to the Disclosing Party all documents and other materials in its possession or control containing, recording or constituting that Confidential Information or, at the option of the Disclosing Party, destroy, and certify to the Disclosing Party that it has destroyed, those documents and materials; and
(c) upon delivery of the Confidential Information under clause 20.5(b), permanently delete that Confidential Information from all electronic media on which it is stored, so that it cannot be restored.
22. Warranties, Consumer Guarantees and Limitation of Liability
22.1 We have used Our best endeavours to ensure all Information, graphics, audio and video and other items appearing on the Store are correct and up-to-date at the time of publication. We do not represent or warrant the accuracy or completeness of the Service Content or that the Store is free from any errors, omissions or defects.
22.2 Subject to clause 22.3, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by Law, trade, custom or usage is excluded to the maximum extent permitted by Law.
22.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on by the ACL or any other applicable Law that cannot be excluded, restricted or modified by agreement.
22.4 To the fullest extent permitted by Law, Our liability for a breach of a non-excludable guarantee referred to in the clause 22.3 is limited to:
(a) in the case of goods supplied or offered by Us, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services supplied or offered by Us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
22.5 In accordance with Your rights under the ACL:
(a) if an item has a major or serious problem, You are entitled to choose a refund, or exchange, or ask for compensation for any drop in the value of the item, provided You present proof of purchase. An item has a major problem when:
(i) a reasonable consumer would not have bought the goods if they had known about the problem;
(ii) the goods are significantly different from the description, sample or demonstration model shown;
(iii) the item is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or
(iv) the item is unsafe; and
(b) if an item has a minor problem, please contact Us where We may refund or replace the item, or repair the item within a reasonable time. If it is not repaired in a reasonable time You can choose a refund or replacement. Please keep Your proof of purchase.
22.6 Subject to clause 22.3, We are not liable to You for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising out of or in connection with the Store, the Service Content or all links to or from the Store.
22.7 Subject to this clause 22, Our maximum aggregate liability for all proven Losses and Claims arising out of or in connection with these Terms or the use of the Store, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the Price paid for the hire or purchase of relevant Products, or in the case of Membership, one (1) months Membership Fees.
You agree and acknowledge that You will fully indemnify Us in respect of all Loss, (including legal fees on a full indemnity basis) and Claims however arising, whether at common law (including negligence) or under statute, in connection with:
(a) any breach of these Terms by You;
(b) Your use of the Store or Service Content, including any wrongful, wilful or negligent act or omission;
(c) any loss or damage to Products beyond reasonable repair, including any wrongful, wilful or negligent act or omission,
(d) Your communications with Us; or
(e) Your use of Third Party websites linked to the Store.
24. Termination or Suspension of Your access to the Store
24.1 We may at any time immediately terminate or suspend Your access (including restricting access) to the Store or any feature of the Store (including Your ability to make any Bookings) for any reason (including due to Your breach or alleged breach of these Terms) in Our sole discretion and without prior notice.
24.2 This clause 24 and clauses 5.2, 5.3, 5.4, 9, 11.4, 12, 16, 17, 20, 21, 22, 23 and 26 will survive termination of Your access to the Store in accordance with clause 24.1 and will continue to Our benefit and be enforceable by Us.
25. International Use
We make no representation or warranty that any competition, offering or content accessible through the Store is appropriate or available for use in locations outside Australia. If You choose to access the Store from other locations, You do so at Your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the Store from any location where doing so would be illegal.
26.1 Entire understanding
These Terms contains the entire understanding between the Parties concerning the subject matter of these Terms and supersedes, terminates and replaces all prior agreements and communications between the Parties.
26.2 No adverse construction
These Terms, and any provision of these Terms, are not to be construed to the disadvantage of a Party because that Party was responsible for its preparation.
26.3 No waiver
(a) A failure, delay, relaxation or indulgence by a Party in exercising any power or right conferred on the Party by these terms does not operate as a waiver of that power or right.
(b) A single or partial exercise of the power or right does not preclude a further exercise of it or the exercise of any other power or right under these terms.
(c) A waiver of a breach does not operate as a waiver of any other breach.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
26.5 Successors and assigns
These Terms bind and benefit the Parties and their respective successors and permitted assigns under clause 26.6.
26.6 No assignment
You cannot assign or otherwise transfer the benefit of these Terms without Our prior written consent. We are permitted to assign or otherwise transfer the benefit of these Terms without Your prior consent.
26.7 Communication and Notice
You consent to Us contacting You by electronic means including through email. You may only contact Us including to provide any notice by emailing us at firstname.lastname@example.org or any other email address notified by Us to You from time to time.
26.8 Governing Law and jurisdiction
These Terms are governed by and must be construed in accordance with the Laws in force in the State of New South Wales, Australia. The Parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, its performance or subject matter.
26.9 Operation of indemnities
Unless these terms expressly provides otherwise:
(a) each indemnity in these Terms survives the expiry or termination of these Terms; and
(b) a Party may recover a payment under an indemnity in these terms before it makes the payment in respect of which the indemnity is given.
26.10 Force Majeure
Where any failure or delay in the performance of obligations under these Terms is caused, directly or indirectly, by a Force Majeure Event:
(a) the Affected Party must as soon as practicable give the other party written notice of that fact;
(b) the Affected Party is not liable for that failure or delay; and
(c) Affected Obligations under these Terms are suspended, to the extent to which they are affected by the relevant Force Majeure Event, for the duration of the Force Majeure Event.
28. Contacting Us
If You have questions about these or the Terms, please contact Us by email at email@example.com.
Schedule 1. Late Fees
Late Fees are as follows:
Failure to return Products by the Rental Return Due Date
$30 per day thereafter per Product
Schedule 2. Cancellation Fees
The Cancellation Fees are as follows:
Cancellation Less than 14 days prior to shipment
Relevant Cancellation Fee: $10.95
Cancellation Between 14 to 30 days prior to shipment
Relevant Cancellation Fee: $10.95
Cancellation More than 30 days prior to shipment
Relevant Cancellation Fee: Nil
WHAT'S IN THE PIPELINE
I am currently working on the next Abbie James collection which will be released as a gradual collection for Australian AW2023/24. This collection will be sold online worldwide.
How will this collection be my most sustainable and inclusive yet?
Fabrics will be sourced from a local deadstock supplier and where possible traced back to the original manufacturing mill.
Everything from thread, fusing, buttons, zips will be considered and the most sustainable option available will be used.
Garments will be manufactured, made to order, locally in my hometown of Melbourne.
SIZING & FIT
The sizing will expand to a women's Australian size 4-16. There will be an option to have garments altered to fit specific measurements to accommodate petite and extra tall customers.
Fabric during the design, sampling and manufacturing process will be recycled through UPPAREL. Fabric will be repurposed on shore in Australia.
For every garment sold a tree will be planted through Ecologi.