TERMS AND CONDITIONS/ RENTAL AGREEMENT
Luxe Affair Rental Agreement
The following Terms of Service (“Terms”) between you (“you” or “your”) and Luxe Affair Boutique – ABN 99798426628. (“we,” “our,” “us,” or “LA”) describes the terms and conditions on which you may access and use the Luxe Affair website located at luxeaffair.com.au (the “Site”) and related services including Luxe Affair’s product rental and sale services (together with the Site and the Luxe Affair Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
Through the Services, we aim to give you access to beautiful designer clothing and accessories, and stylist advice and other content to help you decide which items are perfect for you.
LEGALLY BINDING Contract.
Our Commitment to you
We will deliver the product that you have ordered including the correct size, colour, and style on or before the date you have specified for delivery on your order. Except where we have indicated to you that your request for this is not possible or guaranteed and therefore your order has been amended. Products may appear different in colour and style then the images listed on the website. Our liability to you for failure to deliver a product you have ordered is limited only to timely delivery. If a order is not delivered on time and we have done everything in our power to get it to you on time a store credit will be issued.
The “rental fee” for the products will be the rental fee including delivery fees (if applicable) and any additional charges listed on the website in relation to your rental of products. When you order a product you authorize Luxe Affair to charge your payment method for your rental fee. We will charge your Payment method immediately upon receiving your order. In addition to your rental order for a product, you authorize Luxe Affair to charge your payment method up to an amount to 100% of the entire original retail value of the product as set in the “retail value” on the website. Provided we only charge your payment method when you have not upheld your commitment to us as set forth in the rental agreement below.
Product Fit and Returns
If the dress is not your perfect size, we will endeavour to send an alternative style or size (subject to availability) and courier service availability (must be within the Express network and dependent on confirmation from Australia Post). We will not cover any additional shipping charges for the replacement item.
Please contact us within 24hrs of receiving your order to notify us of incorrect fit. If there is no suitable replacement available for your event date, it will be up to the discretion of Luxe Affair to either provide you with a full refund or issue you with a store credit.
Luxe Affair’s delivery method is Express Delivery Service, operated by Australia Post (see Australia Post’s Terms and Conditions). Express Delivery is a guaranteed next day delivery within the Express Post network only. If the User’s location is outside of the Express Post network, it will take more then one business day and Luxe Affair has no control over this. Please check before placing an order that you are in the express network. If your delivery does not get to you in time for your event you will be issued with a store credit less the shipping fees. WARNING: If you are unavailable to sign for this delivery it may be taken back to the depot or local post office for collection by you. It is your responsibility to be available for delivery of your item/s or collection of your item when you have not been available. Your rental period starts from the time the courier attempted first delivery and credits will not be issued for late delivery where you have not been available to accept delivery.
We dry clean and inspect all products with the upmost of care however use of this product is at your own risk and Luxe Affair shall not be held liable for any health-related complaints associated with a product rented from our site. Our products have been worn by other consumers prior to your rental.
With delivery of your product, pre-paid return packaging is provided. Please ensure that you place your dress inside the self addressed satchel and return the satchel to Australia Post by 5pm on the last day of your rental. Luxe Affair will not take responsibility for lost articles mailed in Australia post boxes. If you loose your return packaging it is your responsibility to return the garment via trackable express post to Luxe Affair. You must provide tracking details to JenniferK@luxeaffair.com.au in order to avoid further borrowing charges.
If you return your dress via an Australia Post Outlet (highly recommended) where it will be scanned over the counter as proof of lodgement then the article will be deemed as returned and we will accept responsibility for the article after the first scan. If you return your dress via an Australia Post Pre Paid Satchel and the dress is not scanned and is lost by Australia Post then you accept responsibility for this loss and will be required to pay the retail cost of the dress less the rental fee already paid.
Once delivery has been made to your nominated address you bear all responsibility for your product. If you have opted to have your product delivered to your work address of mailroom, responsibility is passed to you as soon as the mailroom has signed for the product. A secure shipping address is highly recommended when placing your order. In the event that an unsecure shipping address is provided Luxe Affair does not bare any responsibility for the product left unattended. If you are unavailable to receive the item Luxe Affair will not be held responsible for additional shipping delays or additional shipping charged passed on by delivery service.
Use of Luxe Affair products
You agree to treat our products like you would your own. You will treat the garment with the upmost of care. You will not attempt to fit into a dress that is too small for you, you will not try and zip up a dress that is too tight and therefore damage the zip. You are responsible for any damage to the dress due to fire, major stains, theft or loss. Normal wear and tear is considered minor stains which can be removed in dry cleaning, small seam rips, missing beads and sequins, stuck zippers. If you return a product and it is damaged beyond normal wear and tear then you agree that we shall charge you, and you will pay, for the price of repairing the product or if the product is unable to be repaired you agree to pay up to the full retail value of the dress (as listed on our website). This price will be at the Discretion of Luxe Affair.
Return of Products on Time
You agree to return your product on the order return date (or next business day) by 5pm using the prepaid return envelope provided. If you return your product late you will incur a thirty ($30.00) late fee for every day you are late up to 100% of the retail value of the dress as indicated on our website. Luxe Affair will use the payment method you have provided to charge any late fees. You agree to pay these late fees up to an amount not exceeding 100% of the retail value of the products. Late fee is payable regardless of whether a customer is a member or has used a credit for their order. If you have not returned your product within 20 days of the return date your product will be considered a non-return and Luxe Affair will charge your payment card the maximum late fee as set above, less any late fee we have already charged you. If you lose your packaging it is your responsibility to return the product to Luxe Affair within one (1) business day of return date. You must purchase return shipping at your own expense and provide the tracking number to Luxe Affair. Luxe Affair will not be held liable for products which are late or lost in transit due to your chosen method of shipping.
If you do not pay the amounts owed to us when due we will pass on the invoices to a collection company to pursue you for collections, including and without limitation attorney and collection fees. Luxe Affair reserves the right to terminate your right to rent products from us at any time at our own discretion should you breach this agreement or for any other reason.
Luxe Affair offers free damage insurance to the value of fifty dollars ($50) to cover minor damage or staining. For minor damage and/or staining if Luxe Affair assesses (at its sole discretion) that the cost of repairs will be over fifty dollars ($50), then the User will be required to pay the difference (e.g. if the repair cost is one hundred dollars ($100), then Luxe Affair will require the User to pay fifty dollars ($50). If you return a Product that is damaged beyond normal wear and tear, lost or stolen, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined
in our discretion, up to the Retail Value for the Product.
You may cancel your rental order subject to the following cancellation fees and policies:
- Cancellation thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order. If you pay via pay pal you will be liable for the pay pal fees and charges for a refund to be issued.
- If you cancel less than thirty (30) days but more than fourteen (14) days in advance of the delivery date, you will not receive any refund, but you will receive a full store credit for the Rental Fee associated with the cancelled order. This credit can be applied to any future LA rental placed within 3 months of the cancellation date.
iii. If you cancel fourteen (14) or fewer days in advance of the delivery date, you will receive a credit to your LA account for the Rental Fee associated with the cancelled order, minus a cancellation fee of $30.
iiii. If you have booked a dress and do not wish to wear it, 48 hours notice needs to be given otherwise you will need to pay for the full hire price. Once your order is shipped we will not refund or credit you, so please ensure you have tired on the style before hiring.
We will use the information from your order to send you email marketing on occasion. We don’t however pass on any of your detail including your email address to any other companies or corporations. You may opt out of receiving those emails by emailing JenniferK@luxeaffair.com.au.