Terms & Conditions

These Terms comprise the entire agreement between My Sisters Boudoir and You in relation to use of the Services and create a binding legal contract between you and My Sisters Boudoir. My Sisters boudoir recommends that you read these Terms carefully. Your use of this Website, and any provision of Services through it, is subject to these Terms and all applicable laws. By using this Website in any manner, including but not limited to visiting or browsing the Website, You agree to be bound by these Terms, including those additional terms and conditions and policies referred to here in and/or available by hyperlink. These Terms apply to all users of the Website. If you do not understand or accept these Terms, You must exit this Website immediately.

Capacity

The products on the website are only available for hire or sale to individuals who can make legally binding contracts.

Orders

Any order placed by you in the manner described in this website is an offer by you to hire or purchase a particular

Limitation of Liability

My Sisters Boudoir will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability for us on any breach of such term, condition or warranty shall be limited, at our option, to any one or more of the following:

  • If the breach relates to goods:
  • The replacement of the goods or supply of equivalent goods;
  • The repair of such goods;
  • The payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • The payment of the cost of having the goods repaired; and
  • If the breach to relates to services:
  • The supplying of the services again; or
  • The payment of the cost of having the services supplied again.

Product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. My Sisters Boudoir reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your contract with us only comes into existence when it forwards confirmation of receipt of your order and payment.

  1. AMENDMENTS TO TERMS

My Sisters Boudoir reserves the right to amend these Terms from time to time. Amendments will be effective immediately upon their being posted on this Website. Although My Sisters boudoir will endeavor to notify members of changes to these Terms prior to the changes occurring, it is your responsibility to regularly check this page for any changes. Your continued use of the Website will amount to an agreement by you to be bound by the Terms as amended from time to time.

  1. Shipping

We ship Via Australia Post Next days Guarantee Delivery. For Circumstances beyond our control with postage pay occur, We Will endeavor to track the item however, if it does not arrive in time a full refund will be given.

  1. REGISTRATION AND MEMBERSHIP

3.1 Use of Website
you do not need to register to use much of the functionality of the Website or access much of the Services. However, You must register in order to rent garments on the Website.

3.2 Registration
The registration process will require you to provide your name, contact details, email address and delivery address. If at the time of registration, you want to place an Order, You will be required to supply credit card details, Australian drivers license and address where the card is registered. You will also be required to confirm your acceptance of these Terms. Membership is free, but non-transferable.

3.3 Password and My Sisters Boudoir account
Once You have completed the registration process; your login details will be the email address and password you have selected. You agree to keep your password secure. You are fully responsible for all loss and damage resulting from your failure to protect your password. You agree to immediately notify My Sisters Boudoir of any unauthorized use of your password or any breach of security. You also agree that My Sisters Boudoir is not liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other person other than My Sisters Boudoir without My Sisters Boudoir express written permission.
In registering and providing Your details, You represent and warrant to My Sisters Boudoir that:
(a) You are at least 18 years old and have the power and authority to enter into a binding contract with My Sisters Boudoir and with My Sisters Boudoir suppliers;
the information provided by You is true, accurate, current, and complete; and
(b) You will maintain and promptly update this information to keep it true, accurate, current and complete

 

  1. RENTING FROM My Sisters Boudoir

4.1         You agree to pay the rent on your selected item or items when you accept the terms and conditions the customer is agreeing to these Terms and Conditions. The rent is non-refundable. Once a rental is confirmed under these Terms and Conditions by execution of these Terms and Conditions by you, you cannot transfer your rental of the Item to another date, or the Deposit.

4.2         Dresses hired online and in store are at your own risk should they not fit or change of mind. You agree that this is a rental garment therefore it is not 100% perfect nor in a brand new condition, if there are any imperfections it is at your own risk if you are not satisfied as you are paying a hire rate not full RRP for a brand new dress, No refunds will be given.

4.3        You agree to return the item on the returned date specified on your invoice, to New City Dry Cleaners located 194 Scarborough Beach Rd, Mount Hawthorn WA 6016, between 6am and 5pm on the first Monday from your event. You agree to pay any fee associated with using the service provided by New City Dry Cleaners. Please note that this dry cleaning fee is a discounted rate, if the dress is extremely dirty no discount will be given this is up to the New City Dry Cleaners discretion {detailed long $50, plain long $30, detailed short $25 and plain short $20}.

You agree to return the Item to a yellow express box before 2pm on the following business day (including public holidays) of your event. The return express bag will also be supplied along with dress or dresses (this applies to interstate or remote customers).

4.4         Should the dress be extremely dirty and have alcohol, fake tan, make up stains and the like, there will be an extra dry-cleaning charge. This is up to My Sisters Boudoir discretion.

4.5         If the Item is not returned to a post office or express post box before 12pm on the following day (including Saturdays, Sundays and public holidays) after your event, you will incur a late fee of $30 for each additional day you retain the Item, If it is not returned by the first Thursday from your event date you will be charged the full rental hire on top each weekend it is in your possession.

4.6         If it is not returned within 2 business days following your event, you will be charged the full Rental Fee for another weekend’s hire and subsequently weekends following until the item is received. Failure of the transaction to process will result in customer notification of the amount to be paid plus a $15 administration fee. Additional late payment charges of late fees may apply also including paying the full-recommended retail price of the items. Failure to pay outstanding debts will result in referral to a debt collection agency at the customer’s expense.

4.7         You agree and acknowledge that you are renting an Item for a limited time and that ownership of the Item at all times remains with My Sisters Boudoir.

4.8         You agree to treat the Item with great care, as if it was your own. You are responsible for all loss, destruction or damage to the Item from the Hire Date until it is returned.

4.9         If you return the Item with damages you will be liable to pay the full-recommended retail price of the Item or the cost of repairing the damages up to My Sisters Boudoir discretion.

4.10   By agreeing to these Terms and Conditions you agree to authorize My Sisters Boudoir or its agent to bill your credit card as described below for the applicable Deposit and Rental Fee and all other charges you may incur in connection with the rental of your Item as described in these Terms and Conditions.

4.11      Renting a dress in store, a 14 day notice is required if you want to cancel your dress. The Deposit is non refundable however if the garment hire is paid in full the other half will be given as a store credit.

4.12      If booked in store. Please note that if you choose to pay in full, the balance (deposit not included) will be given in a credit note if 14 days notice is given, other wise the full amount will be forfeited.

4.13      An Australian drivers license and a Master card or Visa (Amex not accepted) needs to be presented prior to your event hire

4.14      Cancellation of any order will immediately forfeit any deposits made and no monies will be refunded. If the hire fee was paid in full the reminder will be given as store credit. Any deposits held are strictly non-refundable under any circumstances. Once a booking is confirmed, you cannot transfer your dress or deposit to another date.

4.15      The Hirer acknowledges accepts full responsibility for the care of the dress(s) and agrees to compensate My Sisters Boudoir for its loss (up to the full reinstatement value of the dress(s) if the dress(s) is not returned (whether due to loss, theft or any other reason) or if the dress(s) suffers any damage during the period of hire, whether such damage occurred while it was in my possession or not. The Hirer agrees that My Sisters Boudoir can withdraw the amount owed, to replace the dress from the below nominated card. Full RRP value of the garment.

4.16      The Hirer agrees to pay a charge equivalent to the daily rate of hire in respect of each day that the dress(s) or any part thereof is returned after the date on which the dress(s) is due to be returned. Fee of $30.00 per late day.

4.17      The Hirer warrants that the information supplied to My Sisters Boudoir is true and correct and that all identification provided is correct.

4.18      All care will be taken when your dress(s) is put together by My Sisters Boudoir. The hired articles must be checked by you the customer at the time of receipt of goods. The garments must be checked by hirer at least the day before the event and no responsibility whatsoever shall be accepted for damages once it has left My Sisters Boudoir. No refunds or exchanges will be given under any circumstances once the dress(s) has left the premises of My Sisters Boudoir.

  1. 19 If article is not inspected properly by you and any damage is found, you will automatically be held responsible and therefore must compensate My Sisters Boudoir for the damages.

4.20      We will have Credit Card Details so we have them on file By signing below you authorize My Sisters Boudoir the right to withdraw monies for damages, loss, or unpaid balances. If you do not pay any outstanding debt owed to My Sisters Boudoir and we have to engage a debt collector, you as the customer will be fully responsibly and liable for all costs incurred to collect monies.

4.21      My Sisters Boudoir must be credited for dress(s) if published in any form of social media. My Sisters Boudoir has the right to request photos be taken down if not credited correctly. My Sisters Boudoir has the right to have copies of photos where the dress(s) are displayed on any media.

5.1 Errors
Despite My Sisters Boudoir reasonable efforts, prices and/or information for Garments may be listed incorrectly. My Sisters Boudoir reserves the right at any time to cancel the transaction, notwithstanding that Your Order has been confirmed and your credit card has been charged. In such circumstances, any debited funds will be remitted to your credit card or to your account (whichever is applicable).
5.2 Delivery of Garments
My Sisters Boudoir will arrange for the delivery of the Garments to the delivery address nominated by you (Delivery Address). Risk in the Garment passes to you upon delivery to the Delivery Address and terminates upon receipt of the Garment from You by My Sisters Boudoir. All delivery dates and times provided by My Sisters Boudoir are estimates only. You agree that no delay will not entitle you to terminate the Order and/or to claim for any consequential loss or damage. My Sisters Boudoir may refuse delivery of the Garment if it reasonably considers the Delivery Address to be too remote or inaccessible.

5.3 Lost, Stolen or Damaged Garments

When Garments are returned damaged or soiled, My Sisters Boudoir may at its sole discretion repair and/or clean the Garments and charge you for those repairs and/or cleaning. If My Sisters Boudoir considers the Garments to be beyond economical repair and/or cleaning, My Sisters boudoir will charge you the full replacement value of the Garments on top of the rental charge and loss of rent. The replacement value of the garment will be advertised when borrowing, and by accepting the terms and conditions when you place your order, you agree to the replacement value if the Garment is lost of damaged.
If the Garments are lost or stolen whilst within your possession or control, you will be charged the full replacement value of the Garments, as well as all applicable charges. You authorize My Sisters Boudoir to charge any additional charges to your credit card if the Garments are returned late, damaged, lost, soiled, stolen and/or unreturned.
If the Garments do not accord with Your Order or if it is alleged that they are defective or damaged, you must notify My Sisters Boudoir of any claim within 2 hours after receipt of the Garments. Where Garments are defective or damaged, My Sisters Boudoir may, at its sole discretion, request for the return of those Garments and provide You with a Credit to the value of the Rental Charges, and/or charge back to your credit card the amount charged for borrowing, provided always that the Garments have not been worn, used or soiled or otherwise further damaged.

Any additional payment of a monetary amount required to rent a Garment must be paid using an approved credit card or Pay pal account at the time of booking. My Sisters Boudoir reserves the right to charge a fee for use of certain credit cards.
If the Garment becomes unavailable (due to damage or late return by another Member), My Sisters Boudoir will notify you as soon as reasonably possible. In that event, You can either rent another Garment or have the debited funds remitted to Your credit card or to Your account (whichever is applicable).

  1. COMPLAINTS

As part of My Sisters Boudoir service to You, if You have any problem concerning Your Order (whether as to quality, fitness for purpose, delivery, quality, quantity or otherwise of the supplied Garments), You should direct Your complains and enquiries to info@mysistersboudoir.com
Notwithstanding, to the extent permitted by law, You hereby release, discharge, and shall defend, indemnify and hold harmless My Sisters Boudoir, its officers, employees, servants and agents from and against any and all damage, loss, cost, expense or liability incurred by, and/or any claims or demands (including the cost of defending or settling any action, claim or demand) (Claims) against My Sisters Boudoir its servants or agents arising or resulting from:
(a) any Liability You may suffer;
(b) any dissatisfaction with or dispute concerning any Garment; or
(c) the failure or alleged failure of any Garments redeemed to satisfy any law, regulation, condition, warranty or other representation (whether such condition, warranty or representation is express or implied).

7.1 Specific warnings
You agree to use the Website for lawful purposes only. You must ensure that your access to the Website is not illegal or prohibited by any laws that apply to you. You must take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage own computer system. For the removal of doubt we do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Website or any linked Website.

7.2 Indemnity
You must indemnify us and our related bodies corporate and our officers and employees against any claim by a third party arising out of a breach of these Terms either by You or by any person using Your account.

7.3 Identity of other users
You acknowledge that we cannot confirm the identity of other registered users or prevent them acting under false pretenses or in a manner that infringes the rights of any person. Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ Websites) rests solely with the advertisers. The placement of such advertisements does not constitute an endorsement by My Sisters Boudoir of the advertisers’ products or services, and each advertiser is solely responsible for any representations made in connection with its advertisement.

7.4 Copyright
Copyright in all of the contents of the Website (including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to My Sisters Boudoir. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in Your location, and except as expressly authorized by these Terms, You may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any information or thing available from the Website; or
(b) commercialize any information, products or services available or obtained from the Website, without our written
permission.

7.5 Trade marks
Except where otherwise specified, any word or device to which is attached the ® symbol is a registered trademark.
If you use any of our trademarks (whether registered or unregistered) in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trade marks (whether registered or unregistered):
(a) in, or as the whole or part of, Your own trade marks;
(b) in any manner that may diminish our rights in the trade marks;
(c) in connection with activities, products or services that are not Ours;
(d) in a manner that may be confusing, misleading or deceptive; or
(e) in a manner that disparages us or our information, products or services (including this Website).

7.6 Restricted use
Unless We agrees otherwise in writing, you are provided with access to this Website only for your personal use. You are authorized to print a copy of any information contained on this Website for Your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Website or use it for commercial purposes.
You must ensure that your access to this Website is not illegal or prohibited by any laws which apply to you or which apply in the location from which you are accessing this Website.

7.7 Linked websites
you may be able to link to Third Parties’ Sites through My Sisters Boudoir Website. Those links are provided for convenience only and may not remain current or is maintained. You understand that Third Parties’ Sites are not endorsed, reviewed, controlled, or examined by My Sisters Boudoir in any way and My Sisters Boudoir is not responsible for the Content of any Third Parties’ Sites. You acknowledge that the inclusion of links in this Website is not intended as an endorsement or recommendation of any linked site or content of such site. Your access to any third party website is governed by the terms of use contained on that third party website. You agree that it is your responsibility to comply with the appropriate terms of service of the Third Parties’ Sites as well as with any other obligation under the law related to the use of such Third Parties’ Sites. We do not guarantee that this Website or any linked website will be free from viruses, or that this Website or any linked Website will be uninterrupted. My Sisters Boudoir will not be liable, directly or indirectly, to you or anyone for any loss or damage caused by or in connection with use of the Third Parties’ Sites or the Content (including offensive, indecent and objectionable material) accessed through the Third Parties’ Sites.

7.8 Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

7.9 Termination of access
Access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

7.10 Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are at Your own risk and solely between You and such advertiser. You agree that My Sisters Boudoir shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. Responsibility for the content of advertisements appearing on this Website (including links to advertisers’ own Websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services, and each advertiser is solely responsible for any representations made in connection with its advertisement.

7.11 Limitation of Liability
To the extent permitted by the law, My Sisters Boudoir expressly excludes all conditions and warranties. Where legislation implies any condition or warranty (a non-excludable term), and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of or liability under such a non-excludable term, that non-excludable term is deemed to be included in these Terms, however My Sisters Boudoir liability for any breach of that non-excludable term is limited, at My Sisters Boudoir option, to the supply of equivalent goods or services, or paying the cost of supplying equivalent goods or services. My Sisters Boudoir is not liable in respect of any indirect, punitive, special, incidental or consequential damage in connection with or arising out of a breach of these Terms (including for loss of profits, use, data, or other economic advantage) that may be suffered or incurred in respect of a failure or omission on the part of My Sisters Boudoir to comply with its obligations under these Terms.

7.12 Accounts
You must notify My Sisters Boudoir within seven (7) days of the date of any disputed invoice or account. If You dispute an invoice or account You must continue to pay all other undisputed invoices and accounts and must not set off, suspend or withhold payment of them.

7.13 Privacy Policy
We undertake to comply with the terms of our privacy policy You agree to My Sisters Boudoir giving information about You to any person, including any of My Sisters Boudoir agents or contractors for the purpose of service provision and management and for marketing (direct and other kinds), planning, risk assessment, product development and research purposes. You acknowledge that this information may include details in these Terms, particulars identifying You, Your account with My Sisters Boudoir (and information concerning this account), details of your use of the Website and Service and details of your credit worthiness, credit history and credit capacity. You acknowledge that My Sisters Boudoir may disclose information about You, including information provided in Your registration and other personal information, to Designers and other parties from whom You have ordered Garments or Services, My Sisters Boudoir will also provide Designers with historical records of Orders You have made with them.

7.14 Termination
My Sisters Boudoir reserves the right to terminate Your membership at any time and for any reason including if My Sister Boudoir believes that You have breached any of these Terms, My Sisters Boudoir may in its absolute discretion suspend, terminate Your access to the Website or that any of the information that You have submitted to us is untrue.

7.15 Other
All amounts quoted in the Website are in Australian dollars (AUD).

Any waiver of our rights under these Terms must be in writing. If We waive any rights available to us under these Terms on one occasion, this does not mean that those rights will be waived on any other occasion.
If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.

Nothing in these Terms is taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any parties.

We may transfer or sublicense our rights and obligations under these Terms but you may not.

My Sisters Boudoir may sub-contract all or any part of its performance of its obligations under these Terms to another suitably qualified person, or third party.
Any communication or purported communication made by You or any person purporting to be You (whether fraudulent or not) can be relied upon by My Sisters Boudoir as if it were given by You or with Your authority.

If a provision or any part of the Terms is void or voidable or unenforceable or illegal but would not be void or voidable or unenforceable or illegal if it were read down and it is capable of being read down, it will be read down accordingly.

7.16 Jurisdiction and Law
Use of this Website, all matters arising out of or in connection with it and the laws applicable in Western Australia govern all terms. By accessing this Website You consent and submit to the non-exclusive jurisdiction of the Courts of Western Australia in all matters arising out of or in connection with your use of this Website and terms.