1. Definitions and Interpretation
The following terms as used herein shall have the meaning as stated:
1.1 “DBH” means Designer Bag Hire ABN: 2913 1611806.
1.2 “Goods” means any handbag, accessory or other goods which are to be hired by DBH to the Customer under the Contract;
1.3 “Customer, client or hirer” means the individual who is hiring out the goods supplied by DBH and that accepts the Terms and Conditions (by checking the box that states that the Customer Accepts).
1.4 “Third Party” means anyone other than DBH and the Customer – this includes, but is not limited to a friend, family member, acquaintance or unknown persons.
1.5 “Personal Details” means any personal information which include but is not limited to copy of driver’s license, passport or identification card, full name, date of birth, address, phone number, email and payment card details, which the Customer has registered onto DBH’s website.
1.6 “Business Day” means a day that is not a Saturday, Sunday or public holiday anywhere in Australia.
1.7 “Delivery Date” means the date on which the Courier makes or attempts to make the delivery of the Goods hired to the Customer.
1.8 “Shipping Date” means the date on which the good is sent out to the customer by DBH.
1.9 “Hire Period” means the duration between the Delivery Date and Return Date on which the customer will possess the goods hired from DBH.
1.10 “Return Date” means the date in which the Customer must lodge the delivery of the goods with Australian Post by and provide DBH with tracking inf
1.11 “Hire Fee” means the cost to hire the goods for the Hire Period.
1.12 “Additional Daily Fee” means the daily cost for keeping the goods beyond the agreed hire period.
1.13 “Penalty Fee” means any amount owing for; a stolen, missing or damaged goods and/ or the goods being returned after the agreed Return Date.
1.14 “Damage” means any damage including, but not limited to, a stain, mark, tear, discoloration/changes to original colour, faultiness, caused to the goods during the Hire Period, whilst in the possession of the hirer.
1.15 “Debt Collectors” means any insurer or solicitor/barrister, which DBH has retained to collect any outstanding fees owed by the Customer.
1.16 “Minimum Hire Period” means (where the Goods are specified in the Contract to be hired to the Customer on a monthly basis), the initial period and minimum term of the Contract specified in the Contract during which the Customer shall hire the Goods, subject to Condition 8.1;
1.17 “Notice Period” means (where the Goods are specified in the Contract to be hired to the Customer on a monthly basis), the period of notice specified in the Contract required to be given by either party to the other in order to terminate the Contract in accordance with Condition 8.1;
1.18 “Renewal Period” means (where the Goods are specified in the Contract to be hired to the Customer on a monthly basis), a period of equal duration to the Minimum Hire Period (with the first such Renewal Period commencing immediately upon the expiration of the Minimum Hire Period) during which the Customer shall hire the Goods, subject to Condition 8.1.
2. Agreement of Hire
2.1 An Agreement of Hire is formed once the Customer accepts the Terms and Conditions and makes payment of the Hire Fee. Effectively, DBH will then agree to supply the goods to the Customer for the Hire Period.
2.2 The Agreement of Hire subsequently binds DBH and the Customer to the obligations of the Terms and Conditions.
3. Payment of Hire Fee
3.1 Upon accepting the Terms and Conditions, the Customer will be directed to make payment, which will in effect process the Agreement of Hire (provided the payment is approved).
3.2 Payment will take in the form of one of the following options:
B. Visa; or
3.3 The Customer acknowledges and agrees that the Cancellation Fee is a reasonable estimate made at the time of entering into the Agreement of Hire and that it is the anticipated loss that DBH will suffer by reason of cancellation.
3.4 The Customer acknowledges and agrees that DBH will keep the Customer’s Personal Details confidential and in its system until the Customer de-registers their account with DBH.
3.5 In the event that there are debts owing for a stolen and/or damaged goods, DBH will keep the Customer’s Personal Details until all and any Penalty Fees are paid in full whether the account remains registered or has been de-registered; and
3.6 If the Customer is a one-off Customer who is not registered with DBH and fails to return the goods at all, on time or without damage(s), DBH will keep the Customer’s Personal Details until all Penalty Fee(s) are paid.
3.7 If the Customer has any unpaid fees such as; additional daily fee, damage fee etc DBH will deduct the owing amount from the Customers card saved on file.
3.8 The Customer acknowledges and agrees that DBH can and will use the Customer’s Personal Details if the Customer is in breach of the Agreement of Hire which may include, but is not limited to the following;
3.9 Damage(s) caused to the goods;
3.10 Stealing the goods;
A Returning the goods after the return date; and
B Any cancellations that render a penalty, pursuant to Clause 6C.
4.1 Where an goods has been returned with Damage(s), DBH will charge a Penalty Fee and bill the Customer for the costs of fixing the goods, and subsequently withdraw the amount from the Customer’s Payment Card or take any necessary action at its sole discretion without notice.
4.2 The bill will be emailed to the Customer in the format of a tax invoice.
4.3 24hours of having billed the Customer, DBH will then withdraw the amount from the Customer’s Payment Card unless stated otherwise.
4.4 Pursuant to clause 3, the Customer acknowledges and agrees to DBH withdrawing from their Payment Card the amount which has been set out on the tax invoice and emailed to the Customer after 3 days.
4.5 Where the Penalty Fee is not available on the Customer’s Payment Card, DBH will make an attempt to contact the client to organise a Repayment Plan.
5. Stolen or Unreturned Goods
5.1 In the event that the Customer or any third party has stolen, lost or has not returned the goods, DBH will withdraw the full value (value appraised by DBH’s Insurer) of the goods.
A. Where DBH is satisfied that the Customer has stolen the goods, DBH will provide the Customer’s Personal Information and bank account details to the Police and/or Debt Collector for prosecution.
5.2 In the event that the Customer is able to locate and return the Accessory after it has been stolen or lost, the Customer will be refunded the full value of the Accessory provided that DBH is satisfied (at its sole discretion) that the following is evident:
A. That the goods has not been damaged in any way;
B. That the goods has been authenticated and proves to be the same item; and
C. That the Customer has provided a truthful statement of how the goods was located. The Customer, will however be charged a Penalty Fee of $30.00 for every late day after the return date.
5.3 In the event that the stolen goods has been returned and is damaged, DBH will also charge the Customer a Penalty Fee, pursuant to Clause 4 of these Terms and Conditions.
5.4 Where the full value of the goods is not available on the Customer’s Payment Card, DBH will make an attempt to contact the client to organise a payment Plan.
5.5 The Customer is liable if the goods is not returned in the same condition that it was received.
6. Delivery and Return
6.1 All orders must be placed by Thursday 12:00 p.m. AEST (Australian Eastern Sydney Time).
6.2 A tracking number will be provided to the Customer to track.
6.3 Delivery Date takes effect when the Customer signs for the delivery, whether it is with the courier or Post Office.
A. The goods cannot be left unattended and must be picked up and signed for by the Customer at the Post Office specified by the courier.
6.4 Return Date takes effect as soon as the Customer has lodged the Accessory with the Post Office and notifies DBH with a tracking number.
6.5 The Customer has the responsibility to re-package the Accessory in accordance to DBH’s instructions to ensure that it is protected, subject to minimal damage and returns the way it arrived.
6.6 The Customer will be liable for any damage(s) made to accessory via transit if it was not packed/protected in accordance to DBH’s packing instructions
A. The Agreement of Hire and Hire Period will cease at the moment the goods is returned.
B. The Customer no longer has responsibility or liability over the goods after the Return Date unless there is an outstanding amount due.
C. The Customer however will be responsible and liable for any damages that occurred during the Hire Period.
6.7 DBH will deliver the goods via Express Post through Australia Post. The Customer must be aware of the following;
A. Express Post covers 80% of Australian business addresses, private addresses and Post Office boxes;
B. Service operates between all capital cities except Darwin and Perth CBD and some major centres;
C. Outside metropolitan areas guaranteed service is to and from townships only;
D. If the address is outside the Express Post network, Australia Post will use the fastest possible transport links, however does not guarantee Next Day Delivery; and
E. If the customer has given DBH the wrong postal address the customer will be liable for the bag if is lost/stolen.
6.8 The Customer will be liable for a minimum Penalty Fee of $30.00 for every late day until the Accessory has been returned to DBH.
A. The bill will be emailed to the Customer in the format of a tax invoice.
B. After 24 hours of having billed the Customer, DBH will then withdraw the amount from the Customer’s Payment Card unless stated otherwise by DBH.
6.9 If the return date lands on a public holiday the customer will not be charged a late fee.
7.1 In the event that the Customer cannot pay for any Penalty Fee for losing the goods, damaging the goods and/or returning the goods late, DBH is willing to enter a reasonable short-term payment plan at its sole discretion.
7.2 If the Customer defaults on the agreed payment plan, DBH will resort to taking legal action through its nominated debt collectors at its sole discretion without notice until all Penalty Fee(s) are recovered from the Customer by DBH.
7.3 Should DBH take legal action against the Customer for breaking the agreement/losing the goods and/or damaging the goods, the Customer will be liable for the legal fees that DBH pays for in the process. The Customer understands that this is fair due to the damages caused to DBH.
8.1 All or any cancellations must be made by the customer 48 hours prior to the Dispatch Date;
8.2 Where cancellations are made less than 48 hours prior to the Dispatch Date and the Accessory has already left DBH’s vicinity, the Agreement of Hire will continue to be in effect until the Return Date. The Customer will be bound by the Terms and Conditions and its obligations and may use the goods as per the Agreement of Hire.
A. Regardless of whether the Customer chooses to use or not use the goods, the Customer will be charged the Hire Fee.
B. If client decides to cancel more than 48 hours prior to dispatch a credit note valid for 12 months will be issued.
8.3 Where cancellations are made less than 48 hours prior to the Dispatch Date and the goods has not left DBH’s vicinity, the Agreement of Hire will issue a credit note valid for 12 months.
B. The Customer acknowledges and agrees that part 8 8.3 A. is implanted to anticipate the loss that DBH will suffer by reason of the late cancellation.
9. DBH’s Obligations
Subject to the Terms and Conditions, DBH has the following obligations to the Customer:
9.1 To process all Agreement of Hire in a timely manner;
9.2 To ensure that the Customer receives the goods by the time the Hire Period takes effect;
9.3 To keep the Customer’s entire account confidential, unless DBH is satisfied that the Customer has committed a criminal offence by way of theft and/or fraud of the goods. In that case, the Customer’s entire account will be released only to its Insurer and the Police and/or Debt Collector for prosecution purposes.
9.4 To not mislead or deceive the Customer in any way in relations to the Hire Fee or conditions of the goods.
9.5 To make all attempts to contact the Customer (i.e. mobile, SMS, email and/or letter) when the goods has not been returned before releasing the Customer’s details to the Insurer or Police.
9.6 DBH has the right to refuse anyone who does not meet the security requirements. (i.e. identification, proof of residencial address etc). If DBH finds the documents provided do not suit the minimum security requirements, DBH can refuse to send out the parcel. If customer refuses to provide the required details, DBH will forfeit the loan and refund 80% of the total hire fee.
10. Customer’s Obligations
Subject to the Terms and Conditions, The Customer has the following obligations to DBH and the Accessory:
10.1 To ensure that the goods is not damaged or stolen by themselves or a Third Party;
10.2 To return the goods by the agreed Return Date;
10.3 To not transfer possession of the goods to a Third Party; and
10.4 To notify DBH and make a Police Report if the goods has been stolen.
10.5 To pay any and/or all Penalty Fee(s) that they have incurred in a timely matter which has been set out by DBH.
11.1 By registering to become a member of DBH, the Customer accepts and understandings that DBH will take appropriate steps to verify the Customer’s Identification and MasterCard, Visa or Paypal accounts.
11.2 By agreeing to the Terms and Conditions set out by DBH in an Agreement of Hire, the Customer accepts and acknowledges the following;
11.3 The Customer’s Personal Details will be released to the Insurer and Police and/or Debt Collector if DBH is satisfied that the Customer has stolen the Accessory.
11.4 The Customer’s personal details will be released to the Insurer and Debt Collector if the Customer has failed to pay any and/or all Penalty Fees in a reasonable amount of time which DBH has provided to the Customer.
12.1 The Customer agrees to indemnify and not hold DBH and any of its partners, employees, subsidiaries and affiliates of any loss, liability or claim arising out of the Agreement of Hire.
13. Terms and Conditions
13.1 By entering into the Agreement of Hire, the customer agrees to the following:
A That the Customer is bound to the entirety of the Terms and Conditions that DBH has set out;
B. That the Customer’s failure to make payments for Stolen or Damaged Accessory will warrant DBH to notify the Police and/or Debt Collector to prosecutor and/or recover the owing amount; and
C. That the Terms and Conditions may be subject to change at any time, thus, the Customer must read the Terms and Conditions each and every time a new Agreement of Hire is made with DBH.