Designer Bag Hire Terms and Conditions

Welcome to Designer Bag Hire! 

In these terms, we also refer to Designer Bag Hire Pty Ltd ACN 652 351 632 as “our”, “we”, or “us”. 

 

What are these terms about?

These terms apply when you use this website, being https://www.designerbaghire.com.au/ (Website), and when you hire our bags or other products through the Website (Products).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here [insert link].

 

I’ve returned to your Website, do I need read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. Please note that we may change any part of these terms at any time by updating this page of this Website, so you may find that different terms apply next time you use this Website or hire Products. 

These terms were last updated on 22 September 2021.

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  • SUBMITTING AN ORDER
      1. By submitting an order for the hire of a Product using the Website (Order) you represent and warrant that:
        1. you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
        2. you are authorised to use the debit or credit card you provide with your Order.
      2. Submitting an Order constitutes your intention and offer to enter into these terms where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
  • account
      1. You may submit an Order as a guest or by registering an account through the Website (Account).
      2. As part of registering an Account and your continued use of the Website, you may be required to provide personal information, such as your email address, first and last name, username, a secure password, billing and postal addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
      3. You warrant that any information you give to us in the course of registering your Account is accurate, honest, correct and up-to-date.
      4. You agree that you are solely responsible for:
        1. maintaining the confidentiality and security of your Account information and your password; and 
        2. any activities that occur through your Account (including those of third parties), whether those activities have been authorised by you or not.
      5. We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
  • hire period 
      1. We will provide to you, and you accept from us, the hire of the Products subject to these terms, for the hire period selected by you and confirmed in your Order confirmation email (Hire Period). 
      2. All our Products are subject to a minimum Hire Period of 3 days and a maximum Hire Period of 30 days (unless you are purchasing our members club in accordance with clause 10). 
      3. The Hire Period you select when submitting your Order is ‘inclusive’, meaning the day you receive the Product and the day you return the Product are included in calculating the total Hire Period. 
  • title and risk in products
      1. The Products are and will at all times be and remain our property. You will not have or accrue any right, title or interest in the Products under these terms.
      2. Risk in the Products will pass to you on delivery of the Product in accordance with clause 6.2(a)6 and will remain with you have lodged the Product for return in person at an Australia Post post office in accordance with clause 8.1(a). until we have received back the Product in our possession. This means you will be liable for the reasonable cost of replacing the product if it is lost or damaged in transit when returning the Products. You are responsible for taking all appropriate precautions to protect the Product from loss and damage until such time when the Product is received by uslodged for return in person at an Australia Post post office. 
  • PAYMENT
      1. All prices on our Website are:
        1. per unit (except where indicated);
        2. in Australian Dollars; and
        3. subject to change prior to you completing an Order without notice.
      2. (Payment obligations) You must pay for all Products at the time of placing an Order.
      3. (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing you with a tax invoice.
      4. (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
      5. (Online payment partner) We may use third-party payment providers (Payment Providers). The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
      6. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Order at the correct price, or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.
      7. (Additional fees) In the event we charge you additional fees under these terms (including Late Fees and Extension Fees), you agree that we can charge these fees to the payment method you provided at checkout. 
      8. (Credit notes) Any credit note issued by us will be subject to further terms as stated on our Website, from time to time. 
  • DELIVERY of products
      1. providing ID
        1. At the time of placing an Order you will be required to provide a copy of your driver’s licence or other acceptable photo identification (ID) which confirms your address.
        2. You acknowledge and agree that we will only ship your Order to the address stated on your ID. If you require your Order to be shipped to a different address than the one stated on your ID, we reserve the right to request further documentation confirming that you are connected to that address. 
        3. If you do not provide a copy of your ID at the time of placing your Order, we will contact you after you have placed your Order requesting a copy of your ID. 
        4. You acknowledge and agree that we will not ship your Order until you provide us with a copy of your ID and we are satisfied (in our sole discretion) with the address provided.  
        5. If you fail to provide us with a copy of your ID within a reasonable time for us to be able to ship your Order for your selected Hire Period, we reserve the right to cancel your Order and provide you with a credit note. We will advise you if we are required to cancel your Order in accordance with this clause.        
      2. delivery terms
        1. (Delivery Confirmation) Delivery of the Product to you will be confirmed at the time Australia Post identifies the Product as being delivered. 
        2. (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
        3. (Delivery Details) Where prices are stated as inclusive of delivery:
          1. delivery is to the delivery address specifically accepted by us; and
          2. we will deliver the Products to you in accordance with the shipping information displayed on our Website.
        4. (Pick up and drop off) If you select the pick up and drop off delivery option at checkout, we will contact you after placing your Order to advise you of the pick up/ drop off address and arrange a pick up/ drop off time for your Order.
        5. (Parcel locker) For safety reasons, some Products can only be delivered to and collected from at an Australia Post parcel locker (Parcel Locker). We will advise you at checkout if your Product can only be collected at a Parcel Locker. If your Product is required to be collected from a Parcel Locker, your use of a Parcel Locker will be subject to Australia Post’s terms of use, found here: https://auspost.com.au/terms-conditions/mypost-deliveries-terms-of-use
        6. (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to assist. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your Order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
        7. (Delivery Delays) If you do not receive the Product by the first day of your Hire Period due to postal delays or reasons beyond our control, you acknowledge and agree that you are still required to return the Product to us on the Return Date (as defined in clause 8.1(a)) so as not to affect the next booking. If you fail to return the Product on the Return Date, we may charge you a Late Fee (as defined in clause 8.3). 
        8. (Accepting delivery) You acknowledge and agree that we are not responsible for any delay in receiving your Order if you are not at the delivery address when your Order is attempted to be delivered and your Order is taken to an Australia Post collection point. In some circumstances your Order may be taken to a collection point and will not be available for collection until the following business day. If you are not sure whether you will be available to receive delivery of your Order, we recommend using a parcel locker or work address to receive the Order. 
        9. (International Orders) We do not deliver internationally. 
  • use and care of products 
    1. You must not:
  1. pass possession in the Product on to any other person;
  2. make any alterations to the Product, including any unauthorised repair;
  3. affix any accessory on the Product; or
  4. sub-hire the Product. 
  1. You acknowledge that you will be liable to us in accordance with these terms for any damage to the Product caused during the Hire Period, including, any scratches, stains, marks, rips or discoloration (Damage). 
  2. You acknowledge and agree that if you are carrying any item that may dirty the inside of the Product, including makeup or food, you are required to put the item(s) in a plastic bag before placing inside the Product. 
  3. You agree that under no circumstances will you attempt to clean the Product yourself with any chemicals, or have the Product cleaned by anyone else.
  4. If you wish to take a Product overseas you must notify us before doing so and we recommend you take out the relevant travel insurance to cover the Product if it is lost, damaged or stolen while overseas. 
  • returning products
    1. returning at end of hire period
      1. You must return the Product to us by lodging the return in person at an Australia Post post office on or before the hire return date specified at checkout or in your Order confirmation (Return Date). You must not under any circumstances return a Product using an Australia Post postbox (Postbox). 
      2. If your Return Date falls on a weekend or public holiday, you must return the Product on the first business day after the Return Date. If your Return Date falls on a Saturday or a Sunday prior to a public holiday, we will contact you to either adjust your Hire Period or extend your Hire Period. We reserve the right to charge you the Extension Fee (as defined in clause 9.1(a)) if your Hire Period is extended.  
      3. All Products will be delivered to you in a box to protect the shape of the Product, along with a dust bag and a return pre-paid post satchel (Return Satchel). 
      4. You acknowledge and agree that you must:
        1. return the Product to us using the Return Satchel; and
        2. return the Product to us in the box the Product was delivered in (or another similar box) and with the dust bag. 
      5. If you do not return the dust bag, we will charge you a replacement fee of $100.  
      6. You must obtain and provide to us upon request a copy of the lodgement receipt received from Australia Post when returning your Product.
      7. All returns must only be addressed to “DBH, PO Box 7091, Alexandria NSW 2015”.
      8. You acknowledge and agree that if you return a Product using a Postbox and the Product is lost in transit you must pay to us an amount equal to the reasonable cost of replacing the item, as notified by us to you.
    2. purchasing a new return satchel 
  1. If you lose the Return Satchel you will be required to pay the shipping cost to return the Product. You must return the Product in an Australia Post Express Post satchel or box (New Return Satchel). If you choose a satchel, you must first put the Product in a box before placing in the New Return Satchel. 
  2. You must provide us with the tracking details of the New Return Satchel as soon as possible. 
  3. If you do not return the Product using express shipping, we may charge you the Late Fee for each day the Product is in transit. 
  4. If you receive delivery of your Order and the Return Satchel is not included, you must let us know within 6 hours of receiving your Order and we will reimburse you for the cost of purchasing the New Return Satchel. Otherwise, if you do not let us know within 6 hours of receiving delivery you will be liable to pay for the New Return Satchel.  
  1. late returns

A late fee of $50 per day will apply for each day that the Product is late to be returned to us after the Return Date (Late Fee). No amount of additional costs paid will limit or otherwise affect your obligation to return the Products to us.

  • CHANGES TO YOUR ORDER
      1. EXTENDING THE HIRE PERIOD
        1. If you want to extend your Hire Period, you may request to do so by contacting us at info@designerbaghire.com.au (Extension). All Extensions are subject to availability of the Product and your payment of the additional fees displayed on our website from time to time (Extension Fee). The Extension Fee is currently 5% of the initial 3 day hire fee per additional day. 
        2. For the avoidance of doubt, the Extension Fee is only charged if you advise us in advance that you wish to extend your Hire Period. If you choose to extend your Hire Period without contacting us prior to the end of your Hire Period, you will instead be charged the Late Fee. 
      2. CANCELLATION BY US
        1. We reserve the right to cancel your order for any reason and will notify you of this as soon as possible if we do. Where payment has already been debited, we will refund you the full amount paid back to your original method of payment. 
        2. Reasons we may cancel your Order include:
          1. the Product is Damaged, lost or stolen by a customer that rented the Product prior to you;
          2. it is deemed not possible to deliver the item to you in time for your Hire Period, due to previous late return by another customer; or
          3. for any other reason, such as postage delays (particularly during periods of COVID-19 restrictions).
      3. CANCELLATION BY YOU
        1. You may cancel your Order up until the time that we ship the Product to you. Once we ship the Product, your Order is binding and cannot be cancelled by you. If you cancel your Order before it is shipped, you will only be provided with a credit note and no refund. 
      4. refunds
        1. We do not offer change of mind refunds.
        2. We will only provide a full refund of the price paid for a Product if we determine that:
          1. we cancelled your Order in accordance with clause 9.2;
          2. a Product you ordered was not received by you solely due to failure by us;
          3. a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
          4. a Product is deemed faulty in our sole discretion. 
        3. For the avoidance of doubt, if you are not home to receive your Order and the Order gets redirected to a collection point and you fail to collect your Order by the start of your Hire Period, you will not be entitled to a refund or partial refund.  
  • members club
      1. If you purchase the members club option as specified on our Website (Members Club), the following terms and conditions will apply.
        1. You will be able to hire 1 bag per month for 12 consecutive months. Each bag can only be hired for a maximum of 7 days. 
        2. You have the option to skip only 1 month out of the 12 month period. If you skip 1 month you will be entitled to an additional 7 day hire for one of the other 11 months.
        3. You can either select all 12 Products up front at the time of making your Order or you can select each Product on a monthly basis. All Products are subject to availability, and we do not guarantee that a Product will be available for the period you wish to hire. 
        4. All other terms in this agreement apply to the hire of Products through our Members Club.
  • damage or loss

You will be fully liable to us for any loss or Damage caused to the Product during the Hire Period. 

  1. damage upon receipt 
    1. If you receive your Product and you believe it is Damaged, you must contact us within 6 hours from when you picked up the Product (if pick up and drop off option was selected) or from when the Product was scanned by Australia Post as delivered, to report the issue with us. You must provide us with a full description of the Damage including images.
    2. If you fail to notify us within the 6-hour timeframe and there was no known Damage prior to us delivering the Product we may, in our absolute discretion, hold you liable for the Damage to the Product.
  2. repair 
    1. If the Product is, in our sole discretion, Damaged during the Hire Period and we are required to repair the Product, you must pay to us:
      1. an amount equal to the reasonable cost of repairing the Product; and 
      2. the Extension Fee equal to the period of time that the Product is being repaired and unable to be hired.
  3. replacement
    1. If the Product is lost, stolen or damaged beyond repair during the Hire Period, or otherwise not returned to us at the end of the Hire Period, you must (chosen by us, in our discretion):
      1. replace the Product with exactly or substantially the same item; or
      2. pay to us an amount equal to the reasonable cost of replacing the Product with exactly the same or substantially the same product, as notified by us to you. 
    2. We also reserve the right to charge you for any reasonable expenses incurred by us as well as charge you a fee as a result of a Product being lost, damaged or stolen during the Hire Period, including for example, the cost of replacing a Product in accordance with 11.3(a)(ii). 
    3. If you are required to replace the Product in accordance with clause 11.3(a)(i), you will also be required to pay us the Extension Fee for each day until we receive the replacement product. 
  • THIRD PARTY SUPPLIERS
    1. We may do any of the following:
      1. outsource any part of performing any services related to providing the Products, including delivery of your Products; or
      2. procure materials and Products from third party suppliers;

without further notice to or permission from you.

  1. To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing those services or products.
  • INTELLECTUAL PROPERTY
      1. We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
      2. You must not reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without our prior written consent or as permitted by law.
      3. In this clause 13, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade secrets, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
  • THIRD PARTY platform
      1. This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
      2. To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
  • SECURITY
      1. We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
  • LIABILITY
      1. To the maximum extent permitted by applicable law, we completely exclude any liability or where liability cannot be excluded, we limit our liability to $100 to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any good (including the Products) or services provided by us. 
      2. All other express or implied representations and warranties in relation to Products and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded.
      3. Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
      4. (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
        1. breach of any of these terms;
        2. use of the Website; or
        3. use of any Products or services provided by us.
      5. (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
  • GENERAL
    1. (Governing Law) This agreement is governed by the law applying in New South Wales, Australia.
    2. (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum
    3. (Waiver) No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
    4. (Severance) Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
    5. (Entire Agreement) These terms embody the entire agreement between the parties and supersede any prior conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
    6. (Interpretation) In these terms, the following rules of interpretation apply:
      1. (singular and plural) words in the singular includes the plural (and vice versa);
      2. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      3. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      4. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      5. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
      6. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      7. (includes) the word “includes” and similar words in any form is not a word of limitation; and 
      8. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.