These Terms comprise the entire agreement between My Sisters Boudoir and You (the parties) in relation to use of the Services and create a binding legal contract between the parties. My Sisters Boudoir recommends that You read these Terms carefully. My Sisters Boudoir enters into a legally binding contract with the presumption of and reliance that You have read, understood and accept to be bound by these Terms and Conditions.
In these Terms the words Hire and Rent are used to mean the same. Any reference to You means Yourself and/or defacto or married spouse, guardian or any other person who acts on Your behalf, or is responsible for You.
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 herein and/or available by hyperlink or in hardcopy document or electronic document executed by You to reserve a particular Item/s for hire on an agreed date.
These Terms apply to all users of the Website and to all people who place an order with My Sisters Boudoir. If You do not understand or accept these Terms, You must exit this Website immediately
The products on the website are only available for hire or sale to individuals who can make legally binding contracts.
At all times, any reference to My Sisters Boudoir is limited to someone authorised to act in the capacity of My Sisters Boudoir.
The services of My Sisters Boudoir are provided primarily by confirmed appointment only and can be requested online through the Website. Use of the Website to book an appointment is a request only, and is subject to My Sisters Boudoir accepting and confirming the appointment. Subject to these Terms, and other than described on the Website or on the Booking app, no fee is charged for Your appointment.
30 minutes is set aside for Your initial appointment without charge. With an appreciation this is not a loan service akin to the local library, You accept that at it’s sole discretion, My Sisters Boudoir may decline subsequent appointments, or agree to a fee payable before any subsequent appointment.
It is at the sole discretion of My Sisters Boudoir to extend Your appointment without You incurring a fee. Free of charge appointments are intended to result in the reservation of an Item/s for Your specified date. Consequently the fee charged to reserve an Item/s for You to hire is intended to offset, in part, the cost of an appointment with a stylist.
In continuing with the appointment beyond 30 minutes, should You place an order and make payment for My Sisters Boudoir to reserve a Particular Item/s for You, You agree to all of these Terms and Conditions, and in particular, You acknowledge and accept those Terms in the section titled Cancellations and Refunds and At Your Own Risk, herein.
My Sisters Boudoir recommends You familiarise Yourself with these sections in particular, before placing an order. In brief, My Sisters Boudoir is entitled to charge or claim from You a minimum of $50 per appointment that has not yet been charged should You cancel Your order.
My Sisters Boudoir reserves the right to reject a request for an appointment, to change the time and date of the appointment, or to terminate an appointment for any reason.
Retry appointments are by appointment and are to be booked through the website, with You accepting the applicable fee, specified in the section ADDITIONAL FEES AND CHARGES. The fee for one retry per event is refundable, if and only if, the Item/s is returned when due and in excellent condition. Except where permitted herein, retry fees are not refundable for any reason.
Except for the express written agreement of My Sisters Boudoir, appointments for school balls, formals, or other function relating to school, require the presence of a parent or other adult responsible for the hirer.
My Sisters Boudoir is committed to providing a safe environment where customers feel comfortable to try on dresses without concern of onlookers. Other than Parents or other persons responsible for a potential hirer, My Sisters Boudoir reserves the right to prohibit the entry of other persons.
My Sisters Boudoir may offer a private appointment at a nominated fee whereby You are permitted to bring people who otherwise may be prohibited from entry.
Damage or soiling of Item/ss caused by mistreatment or carelessness in store may lead to My Sisters Boudoir concluding the appointment and seeking payment from You to repair the damage or to have the Item/s drycleaned. This is irrespective of whether the damage or soiling was caused by trying on the Item/s or from browsing or handling our Items.
You may be held responsible to compensate My Sisters Boudoir for damage caused by zips where You did not seek or wait for assistance from a stylist.
Any order placed by You in the manner described in this website is an offer by You to hire or purchase an Item/s matching a particular style, size and colour, hereon in known as a Particular Item/s, on a Particular Date.
My Sisters Boudoir is not obliged to accept the offer, although if accepted, My Sisters Boudoir agrees to reserve an Item/s matching the description of the Style, Size and Colour for the Particular Date for You. You agree to pay, and My Sisters Boudoir is entitled to claim from You, an amount equivalent to the hire price in return for the Item/s being reserved for You, irrespective of whether You do in fact hire the Item/s.
My Sisters Boudoir is not obliged to provide You with a specific Item/s, provided that the Item/s supplied matches the description of the Item/s ordered. Any agreement to supply You with a specific Item/s is provided in good faith and failure to provide the exact Item/s does not entitle You to a refund, store credit or exchange, except for if the Item/s supplied is faulty or damaged.
My Sisters Boudoir reserves 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, incomplete or inaccurate information, and omissions in information provided by You in placing the order, or failure to pay agreed sum by agreed date or reversal of payment of money, or because You do not have the capacity to enter into a legally binding contract as specified within these Terms.
Once accepted, My Sisters Boudoir may revoke, at any time afterwards, the acceptance of the offer for any of the above mentioned reasons, or for any reason beyond the practical and reasonable control of My Sisters Boudoir. Any refunds will be subject to My Sisters Boudoir keeping or claiming from You $50 per appointment already provided free of charge.
No order is confirmed by My Sisters Boudoir until the information requested through electronic means or in store, has been completed in full and My Sisters Boudoir has issued a receipt for non refundable money received, being deposit and a bond if applicable.
Placement of an Order by You, or an offer to rent an Item/s is accepted by My Sisters Boudoir with the presumption of, and reliance on, You reading, understanding and accepting the Terms and Conditions made known to You, whether it be on the Website or any Terms and Conditions complimentary or supplementary to the Terms on the Website, as in those detailed in any instrument to place an Order to rent an Item/s from My Sisters Boudoir, and those Terms and Conditions displayed in the boutique.
Deposits for hire
In addition to You providing the requested information, the minimum amount required to make an order binding is 50% of the combined hire and cleaning cost, as published or otherwise agreed. Particular Item/ss may have a higher amount required to make an order binding and this is at the sole discretion of My Sisters Boudoir, and may or may not be published. A bond may also be payable at the time of placing an order.
Any money paid as deposit and subsequent payments, whether it be 50% or the full hire price, is non-refundable for any reason, other than that required by law, or as described within these Terms and Conditions.
Cooling off period
Subject to the Terms herein, My Sisters Boudoir allows a cooling off period up until 5 pm, local time the day after placing an order, whereby and order can be cancelled without penalty. Provided that this notice is given via the contact information for the phone number and /or email available on the Website, My Sisters Boudoir will refund any money paid in deposit, minus amounts payable for the service of appointments provided up until the time of cancelling the order.
Swapping Item/ss, Change of Mind and Change of Circumstances
My Sisters Boudoir is entitled to reject any request to swap an Item/s for any reason, irrespective of a fee paid to try on other Item/ss. This does not release You from the original agreement and if You cancel the order You will still be liable for all charges as if the hire had taken place, minus the amount paid for any appointment to try on other dresses to find a substitute.
Other than by the Terms in the case of pre-existing damage or supply of incorrect Item/s/s, nothing in these Terms and Conditions entitles You to swap an Item/s that has been reserved for You with another Item/s.
Other than as permitted herein, You are not entitled to a refund for any money paid where You have a change of mind, where You are offered or buy an alternative Item/s, or where Your circumstances have changed.
Any offer or acceptance of an appointment or opportunity to substitute an Item/s is given by My Sisters Boudoir in good faith and does not extinguish Your obligations to fulfil the original agreement, nor does it entitle You to a refund for any money paid.
Under these Terms and Conditions You may be obliged to pay, and My Sisters Boudoir is entitled to claim from You an amount equal to that as if the hire had taken place, despite You having a change of mind or Your circumstances have changed. This is specified in section CANCELLATION AND REFUNDS.
All fees and charges are payable by You, and My Sisters Boudoir is entitled to claim from You, an amount equal to that as if Item/s originally reserved for You was hired should You not proceed with the hire of any Item/s for any reason.
A fee, as specified in the section ADDITIONAL FEES AND CHARGES is payable to substitute an Item/s reserved for You irrespective of My Sisters Boudoir providing or not providing an appointment to retry or to try on other Item/ss. This fee will be in addition to any fee paid for appointments. Payment of a fee to try on other Item/ss, or to retry Your reserved Item/s in no way entitles You, nor is My Sisters Boudoir required to agree to any change or to refund You any money for the original order.
Cancellation, failure to provide or attend, or the rescheduling of any appointment to retry or try on other Item/ss by either party does not alter the rights and obligations of either party under these Terms and Conditions for any orders placed prior. Nothing in these Terms and Conditions entitles You to a refund for any money paid should My Sisters Boudoir fail to provide an appointment to swap an Item/s, nor if You do not find an Item/s You would like to swap for.
Only when My Sisters Boudoir confirms in writing the reservation of a substitute Item/s are You released from Your obligations for the reservation of the Item/s that You substituted from.
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.
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 endeavour to notify members and customers 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.
- REGISTRATION AND MEMBERSHIP
Use of Website
You do not need to register to use much of the functionality of the Website or access much of the Services. You are not exempt from the Terms and Conditions if You do not register to use the Website.
The registration process will require You to provide Your name, contact details, email address and delivery address. If at the time of, or any time after registration, You want to place an Order, You will be required to supply current credit card details and the address where the card is registered, and a valid Australian driver’s license.
Registration on the Website is taken to indicate You have read, understood and accept the Terms and Conditions of use of the Website. Membership is free, but non-transferable. Any order placed with My Sisters Boudoir is accepted with the presumption of, and reliance on You reading and accepting to be bound by the Terms and Conditions herein.
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:
- 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
- You will maintain and promptly update this information to keep it true, accurate, current and complete You indemnify My Sisters Boudoir for any loss as a result of inaccurate, untrue, non current or incomplete information on Your Registration Profile.
2 RENTING FROM MY SISTERS BOUDOIR
2.1 Item/ss can be rented from My Sisters Boudoir via the Website, via email or other electronic means, or in person.
2.2 By agreeing to these Terms and Conditions You authorize My Sisters Boudoir or its agent to bill Your nominated credit card for the applicable Deposit, Rental Fee and Cleaning costs, and all and any other charges or amounts owing or arising from these Terms and Conditions without seeking further express authorisation from You.
2.3 By placing an order for an Item/s to be reserved for You, whether in store, or through the Website or any other electronic means, You agree to pay the sum equal to the agreed rent on Your selected Item/s or Item/ss in accordance with the Terms and Conditions on the Website, and/or as displayed in the Boutique, and/or as described in any instrument to place an order with My Sisters Boudoir.
2.4 A rental is confirmed under these Terms and Conditions by both
a) payment of an amount no less than the required minimum deposit and
b) You providing My Sisters Boudoir with all information requested
2.5 Without the express written consent of My Sisters Boudoir You can neither transfer Your rental of the Item/s to another date, nor transfer any monies paid to credit the rental of another Item/s at all.
2.6 Payment in full is to be received with cleared funds within 30 days of collection or postage of the Item/s.
2.7 You authorise My Sisters Boudoir to charge any remaining balance for reserving the Item/s for You to hire and cleaning of the Item/s to Your nominated credit card, without prior notice, no more than 31 days prior to the date of the Event.
2.8 My Sisters Boudoir reserves the right to refuse the Item/s to leave the premises until the account is paid in full with cleared funds.
2.9 You acknowledge My Sisters Boudoir is entitled to reasonable compensation for the provision of any and all services should You cancel Your order.
2.10 A valid current Australian drivers license and a current Mastercard or Visa (Amex not accepted) needs to be presented prior to the Item/s leaving the boutique
2.11 The Hirer, or person responsible for the Hirer, warrants that the information supplied to My Sisters Boudoir is true and correct and that all identification provided is accurate and correct.
2.12 You acknowledge these Terms provide My Sisters Boudoir with fair and reasonable compensation for potential or real loss of income as a result of the Item/s being reserved for You and for the cost of providing the service of appointments.
- CANCELLATION AND REFUNDS
3.1 Subject to the Terms herein, My Sisters Boudoir allows a cooling off period up until 5 pm, local time the day after placing an order, whereby and order can be cancelled without penalty. Provided that this notice is given via the contact information for the phone number and /or email available on the Website, My Sisters Boudoir will refund any money paid in deposit, minus amounts payable for the service of appointments provided up until the time of cancelling the order. Notice provided through Timely booking app, Instagram, Facebook, Whatsapp or any other messaging service will not be valid for the purposes of this clause.
3.2 With the exception of the cooling off period, irrespective when You paid the deposit, how much You paid as deposit, and any further payments for the reservation of an Item/s for You to hire, and/or executed the same, You agree to the following Terms for cancellation of any hire for any reason. This is regardless of notice given to rescind, revoke or retract the offer to hire and You are liable to pay the equivalent of the agreed full hire price by the agreed date. Subject to the Terms and Conditions herein You are liable and agree to pay an amount equal to that as if the Rental had taken place and any additional charges as described herein.
3.3 Once entering a contract, or by completion of any process where an Item/s is reserved for You, or by completing an order form, or by payment of deposit, You renounce any course of recovery of any monies paid, or relief from debt payable to My Sisters Boudoir under any of these Terms and Conditions herein.
3.4 You acknowledge and agree that My Sisters Boudoir is entitled to reasonable compensation for any and all Services provided and for the loss of income if You cancel the hire of an Item/s that has been reserved for You.
3.5 You agree, if You cancel an order, these Terms provide My Sisters Boudoir with fair and reasonable compensation for
a) potential or real loss of income as a result of the Item/s being reserved for You and
b) the cost of providing the service of appointments
c) depreciation and loss of value due to wear and tear of Items You have tried on
d) the cost of minor repairs and alterations made in preparation for You to hire an Item/s.
3.6 Cancellation by You of the rental or failure to collect or wear the Item/s does not entitle You to a refund, a credit note, or the transfer of credit to another Item/s or date, or to another person’s rental.
3.7 Any refunds due to, agreed to, or awarded to You for the cancellation or non completion of the hire is subject to You compensating My Sisters Boudoir an amount not less than $50 for each free of charge appointment for the time spent with a Stylist and other communication with You, and in preparing the Item/s for hire on the agreed date. The actual fee is specified in the section ADDITONAL FEES AND CHARGES
3.8 It is at the sole discretion of My Sisters Boudoir if a credit or refund is granted when more than 28 days notice of cancellation of hire prior to Your event is given.
3.9 Irrespective of whether the Terms of cancellation are deemed unreasonable by any third party with the power to award You a judgement for a refund, You agree the following Cancellation terms are fair and reasonable and will still apply regardless.
a) The minimum compulsory deposit for any Item/s is non refundable for any reason, irrespective of notice or reason for cancelling, swapping the Item/s or rescheduling the date. You are not entitled to a credit note, or the transfer of credit to another Item/s or date, or to another person’s rental for the remainder.
b) The absolute minimum notice to be awarded or entitled to any cancellation of hire of an Item/s is 28 days of the agreed hire date, and only by a judgement will You be entitled to any refund, minus the applicable fee for unpaid appointments.
c) Additionally, any cancellation within 7 days of the agreed hire date will also entitle My Sisters Boudoir to the agreed cost of cleaning the Item/s in preparation for Your hire. You are obliged to pay, and My Sisters Boudoir is entitled to deduct from Your Credit Card, or claim from You an amount equal to the full rental of the Item/s plus the quoted cleaning fee.
3.10 You authorise My Sisters Boudoir to charge to Your credit card without prior notice and without seeking further express consent from You, or to claim from You any amount arising from and owing from this section of the Terms and Conditions.
4 AT YOUR OWN RISK
4.1 All care will be taken when Your Item/s(s) are prepared for collection or delivery. You agree that this is a rental Item/s and therefore do not expect, nor is My Sisters Boudoir obliged to supply an Item/s that is 100% perfect or in as brand new condition. It is at Your own risk if there are any imperfections in the Item/s, or if it is in a condition that is different to when You placed the order for the Item/s to be reserved for You, or any time when You tried the Item/s.
4.2 It is Your responsibility at the time of taking possession of the hired Item/s/s to inspect the Item/s/s for damage and check it is the Item/s/s You ordered. If the Item/s/s supplied does 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 Item/s/s in order to be eligible for a refund or credit. This notice must be via the contact details for mobile phone or email published on the Website. Otherwise, no responsibility whatsoever shall be accepted for damage or supply of an incorrect Item/s once it has left My Sisters Boudoir. No refund or credit will be given if the Item/s has been worn since leaving the premises. Notice provided through Timely booking app, Instagram, Facebook, Whatsapp or any other messaging service will not be valid for the purposes of this clause.
4.3 When You report an Item/s/s to be defective or damaged, My Sisters Boudoir may, at its sole discretion, request for the return of the Item/s/s 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 hiring, provided always that the Item/s/s have not been worn, used or soiled or otherwise further damaged.
If the Item/s has been worn or used it will be at the sole discretion of My Sisters Boudoir what value, if any, is refunded.
4.4 Further, unless You take a photo and report pre-existing damage to My Sisters Boudoir in writing via the mobile phone or email provided on the Website within 2 hours of You taking possession of the Item/s, You will automatically be held responsible for any damage found after You have taken possession of the Item/s.
4.5 You agree to treat the Item/s with great care. Other than as described herein, You are responsible for all loss, destruction or damage to the Item/s from the date of collection until My Sisters Boudoir takes possession of the Item/s. My Sisters Boudoir may at its sole discretion repair and/or clean any Item/s/s and charge to Your credit card without prior notice and without seeking further express consent, or to claim You for those repairs and/or cleaning.
4.6 At its sole discretion, if My Sisters Boudoir considers the Item/ss to be beyond economical repair and/or cleaning, or not meeting quality standard for renting at the same price it had last been rented, excluding any discounts, You agree to compensate My Sisters Boudoir in the manner and to the amount set out in Section FEES AND ADDITONAL CHARGES.
4.7 Further to 4.6, You will also be liable to compensate My Sisters Boudoir for any loss arising from future bookings for the Item/s, confirmed by deposit, within the next 4 weeks from Your event date.
4.8 If the Item/s/s are lost or stolen whilst within Your possession or control, You will be charged the Recommended Retail Price or the agreed replacement value of the Item/s/s, if there is evidence of an agreed value, as well as all other charges payable under these Terms and Conditions. You authorize My Sisters Boudoir to bill any additional penalty charges to Your credit card without further express consent if the Item/s/s are returned late, damaged, lost, soiled, stolen and/or not returned.
4.9 Further to 4.8, You will also be liable to compensate My Sisters Boudoir for any loss associated with future bookings confirmed by deposit within the next 4 weeks from Your event date.
4.10 Subject to these Terms and except where required by law, no refunds or exchanges will be given under any circumstances once the Item/s/s have left the premises of My Sisters Boudoir.
4.11 Item/ss reserved for hire online or in store, or by any other means are at Your own risk should it/they, at any time
a) not fit
b) not meet Your satisfaction with the condition of the Item/s or
c) another person is wearing the same or similar dress to the same event, or
d) You have a change of mind, or
e) for any other reason You do not take delivery of an Item/s for the agreed date.
You will still be liable for the rental costs as specified herein and You authorise My Sisters Boudoir to charge Your credit card the outstanding amount under these Terms and Conditions, without prior notice and without seeking further express consent from You.
4.12 It is at Your own risk if someone attending the same event has hired the same or similar Item/s. My Sisters Boudoir is not obliged to inform You of anyone who has placed an order for the same or similar Item/s. You are not entitled to a refund nor are You entitled to substitute an Item/s because someone is wearing the same or similar Item/s, or for any other reason, including but not limited to those listed at 4.11.
4.13 Despite My Sisters Boudoir reasonable efforts, prices and/or information for Item/s/s may be published or quoted 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, or You have otherwise made payment. In such circumstances, any debited funds will be remitted to Your credit card or to You.
4.14 If an Item/s becomes unavailable due to theft, loss in shipping, damage or late return by another person, or any other reason outside the immediate control of My Sisters Boudoir, You will be notified as soon as reasonably possible. In that event, You can either rent another Item/s or have the debited funds remitted to Your credit card or to Your account (whichever is applicable).
4.15 You are not entitled to claim for additional expenses if an Item/s is not available for Your event date, or if for any other reason My Sisters Boudoir does not supply the Item/s You ordered
4.16 My Sisters Boudoir will arrange for the delivery of the Item/s/s to the delivery address nominated by You (Delivery Address). Risk in the Item/s/s passes to You upon delivery to the Delivery Address and terminates upon receipt of the Item/s/s from You by My Sisters Boudoir.
4.17 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.
4.18 My Sisters Boudoir may refuse delivery of the Item/s/s if it reasonably considers the Delivery Address to be too remote or inaccessible.
4.19 You authorise My Sisters Boudoir to take payment from the nominated credit card or to claim from You, and You agree to pay the outstanding amount for the rental, if You cancel the booking or if the Item/s reserved for hire has not been collected for use by You.
4.20 You accept that You are not entitled to any refund of any monies paid to reserve this Item/s for hire once an order is placed.
4.21 Any invitation or request to inspect the Item/s or to discuss liability in no way limits My Sisters Boudoir’s rights to charge Your credit card for additional expensed incurred or arising from these Terms and Conditions.
4.22 Where the Terms and Conditions under this section are deemed unreasonable by any third party with the power to award You a judgement for fair trade, You agree the following terms for compensation are fair and My Sisters Boudoir is entitled to claim from You or charge to Your credit card, without expressly informing You prior
a) the agreed replacement value of the Item/s (if there is evidence of an agreement) or the Recommended Retail Price, which ever is the higher if the exact Item/s is not available to purchase brand new, or the Recommended Retail Price if there is no evidence of an agreed value
b) costs incurred by My Sisters Boudoir for delivery of the Item/s from the supplier if the Item/s has been ordered for You and You are the first and only person to wear the Item/s
4.23 In the case where My Sisters Boudoir agrees, or a judgement in Your favour deducts the amount You paid for rental and/or cleaning costs from the amount payable by You in compensation, My Sisters Boudoir is entitled to claim from You a not less than $50 for each free of charge appointment prior to the event date. You agree this is fair compensation for the appointments You have been given free of charge, irrespective of any judgement in Your favour that lessens the amount payable under these Terms, if it were not for the judgement.
4.24 Any amounts payable by You under these Terms and Conditions is in addition to the charges for hiring and cleaning the Item/s/s. You authorise My Sisters Boudoir to charge to Your credit card the amount owing under these Terms and Conditions without prior notice and without seeking further express permission from You.
5 PICK UP OF ITEM/S FROM THE BOUTIQUE
5.1 You are aware and agree that in the absence of written agreement to the contrary, pick up time is no earlier than 4pm on the Thursday before the Weekend Events, or with the exception of Sunday, the day prior to a Weekday event.
5.2 You agree You are not entitled to take possession, nor is My Sisters Boudoir obliged to give You possession of the Item/s if there are any omissions or incorrect information or absence of signatures on the order form, or if there is money owing.
5.3 My Sisters Boudoir is not obliged to accept payment by electronic transfer or by credit card on the day of pick up, nor obliged to accept a screen shot of a payment that has not cleared.
5.4 If insufficient details are provided in the description of the transfer of money My Sisters Boudoir is not obliged to release the Item/s and You are not entitled to take delivery of the Item/s.
5.5 You acknowledge there may be delays in taking possession of the Item/s if there is uncertainty of payments, or if You want to make payment at the time of collecting the dress.
5.6 My Sisters Boudoir is entitled to alter the time and date of pick up for any reason to override any prior notification to You.
5.7 My Sisters Boudoir is not obliged to release an Item/s if You arrive earlier than advised or agreed.
5.8 You are not entitled to a refund if You are not permitted to take the Item/s from the store for any reason above.
6 RETURN OF ITEM/S TO BOUTIQUE
6.1 In the absence of any written agreement or advice from My Sisters Boudoir to the contrary, You agree to return the Item/s to My Sisters Boudoir, or their representative, on the first day other than a Sunday, following Your event, within the span of hours You have been notified.
6.2 My Sisters Boudoir is not obliged to agree to Your request to alter the arrangements to return an Item/s.
6.3 You acknowledge there could be delays in handing in the Item/s on account of busy periods. You agree to permit sufficient time to wait for the Item/s to be examined for damage or potential additional costs for cleaning.
6.4 Failure to wait for the Item/s to be inspected by My Sisters Boudoir automatically voids any right You have under these Terms and Conditions to claim the damage was on the Item/s from the time it was collected or delivered to You.
6.5 In the absence of a written agreement to the contrary, if the Item/s is not returned to the possession of My Sisters Boudoir within 2 business days following Your event, You will be charged additional fees and You Authorise My Sisters Boudoir to charge these to Your credit card without prior notice and without seeking further express permission from You.
6.6 If, as a result of late return of the dress My Sisters Boudoir incurs loss caused by the late return of the Item/s, You authorise My Sisters Boudoir to charge Your nominated credit card, or to claim from You the amount lost.
7.1 EXPRESS POST SHIPPING
7.1.1 We ship via Australia Post (Express Post Satchels) or substitute at the discretion of My Sisters Boudoir
7.1.2 All delivery dates and times provided by My Sisters Boudoir are estimates only. You agree that, other than provided for herein, a delay in delivery will not entitle You to terminate the Order, or to claim a refund and/or to claim for any consequential loss or damage.
7.1.3 If, and only if, the specified Item/s does not arrive on or before the day of Your event, a full refund will be issued, minus the shipping costs to return the Item/s to My Sisters Boudoir by express post.
7.1.4 This refund is subject to You posting the Item/s by express post on the next day possible, and You providing My Sisters Boudoir with tracking information.
7.1.5 Delays in lodging the Item/s for return shipment may result in forfeiture of the refund, at My Sisters Boudoir’s discretion.
7.2 RETURN OF ITEM/S VIA SHIPPING
7.2.1 In the absence of any agreement in writing to the contrary, You agree to lodge the Item/s for return in an Australia Post Express Shipping Satchel/Box to an Australia Post Office by 2pm, or to a yellow express post box before 4pm on the following business day after Your event.
7.2.2 Should the Item/s not arrive within 2 business days of Your event, You will be required to provide tracking information.
7.2.3 You will incur a Late Return fee for each day until My Sisters Boudoir takes possession of the Item/s if You have not lodged the Item/s for return shipping as stated herein. The rate is published on the Website.
7.2.4 If the Item/s is not lodged for return within 4 business days from Your event date You will be liable for, and My Sisters Boudoir is entitled to charge to Your nominated Credit Card, or to claim from You an additional hire fee.
7.2.5 My Sisters Boudoir is entitled to charge an additional rental fee for each subsequent weekend until My Sisters Boudoir takes possession of the Item/s or You have agreed to pay for the replacement of the Item/s.
7.2.6 If My Sisters Boudoir incurs a loss that would not have occurred other than for late lodgement for return shipping, You authorise My Sisters Boudoir to charge Your nominated credit card, or to claim from You the amount lost for future income, or for refunds given to compensate for an Item/s not being available for the date it has been reserved by another person.
8 ADDITIONAL FEES AND CHARGES
8.1 CHARGES FOR APPOINTMENTS
Any fees and penalty charges incurred under these Terms and Conditions for any reason is in addition to the cost of hiring and cleaning the Item/s unless specified otherwise.
8.1.1 Where You have previously been provided with an appointment that extended beyond the free of charge 30 minutes, My Sisters Boudoir may decline subsequent appointments, or agree to a fee of $50, payable before the appointment. It is at its sole discretion whether My Sisters Boudoir deducts this amount from any hire agreement that arises from that appointment. Either way, this amount, whether applied to a hire or not, is not refundable for any reason.
8.1.2 Retry appointments can be booked at a fee of $20. The fee for one retry per event is refundable, if and only if, the Item/s is returned when due and in excellent condition.
8.1.3 Private appointments may be requested at a fee, currently $50 for no more than 1.5 hours. It is at its sole discretion whether My Sisters Boudoir deducts this amount from any hire that arises from that appointment. Either way, this amount, whether applied to a hire or not, is not refundable for any reason.
8.1.4 A fee is payable to substitute an Item/s reserved for You irrespective of My Sisters Boudoir providing or not providing an appointment to retry or to try on other Item/ss. Currently this fee is $50 and is not deductible from the hire and cleaning costs, nor is it refundable.
A bond may be taken for a Particular Item/s and will be refunded after the Item/s is returned when due and in excellent condition. The bond may be used to off set other fees and charges.
8.3 FEES FOR LATE RETURN OF ITEMS
8.3.1 You / the Hirer agree to pay the advertised late fee for each day, or part thereof, that the Item/s/s is returned after the date on which it is due to be returned or lodged for return shipping. The rate charged will be the rate advertised at the time of incurring the charge, not what was advertised at the time the order was placed. Currently that rate is $30 per day or part thereof.
8.3.2 If My Sisters Boudoir incurs a loss that would not have occurred other than for late return or lodgement for return shipping, You authorise My Sisters Boudoir to charge Your nominated credit card without prior notice and without seeking further express consent, or to claim from You the amount forfeited or refunded to compensate for an Item/s not being available for the date it has been reserved by another person.
8.4 LOSS DUE TO ITEMS BEING EXCESSIVELY SOILED, DAMAGE OR ITEMS NOT RETURNED
8.4.1 FULL RESPONSIBILITY
You acknowledge and accept full responsibility for the care of the Item/s/s and agree to compensate My Sisters Boudoir for the replacement of the Item/s/s if the Item/s/s are not returned (whether due to loss, theft or any other reason) or if the Item/s/s sustain any damage during the period of hire, whether such damage occurred while it was in Your possession or not. The onus is on You to notify My Sisters Boudoir in accordance with the Terms in section AT YOUR OWN RISK to avoid being held responsible for pre-existing damage.
a) If, as a result of damage or a lost Item/s, My Sisters Boudoir immediately places an order to be delivered within 14 days for the exact Brand, style, size and colour, the amount My Sisters Boudoir is entitled to claim is the actual replacement cost incurred, including shipping, up to the maximum of the agreed replacement value (if there is evidence of an agreement) or an advertised Recommended Retail Price, which ever is greater. This clause recognises there may be additional costs and time required to source the exact Item/s.
Absence of an agreed replacement value does not diminish Your liability and the limit of liability will be up to the advertised Recommended Retail Price.
b) Where My Sisters Boudoir is unable to immediately place an order to be delivered within 14 days, for the exact Brand, style, size and colour, the amount My Sisters Boudoir is entitled to claim is the higher of the agreed replacement value or the Recommended Retail Price. This clause recognises there may be additional costs and time required to source the exact Item/s.
c) My Sisters Boudoir is entitled to remedy the soiling or damage at its sole discretion, which may or may not give You prior opportunity to inspect the Item/s in person.
d) You agree to pay any fee incurred or billed to My Sisters Boudoir for the repair, and/or cleaning as the result of damage or soiling or staining, or any other cause that occurred after leaving the boutique for Your use.
e) An invitation for You to view, or any agreement to Your request, to view the alleged damage does not limit Your liability under these Terms and Conditions.
f) My Sisters Boudoir is entitled to claim, and You agree to pay, any money forfeited or refunded to other customers within the next 4 weeks from Your event date, as a result of the Item/s/s not being returned or on account of damage to an Item/s.
g) It is the sole discretion of My Sisters Boudoir to estimate the loss in potential income from an Item/s due to damage sustained while the Item/s was in Your possession. Damage to a brand new Item/s may drop the rental value by as much as 30%, or more.
8.4.2 DISPUTES OVER LOSS CAUSED BY SOILING, DAMAGE AND NON RETURN OF ITEMS
a) Should You disagree with the evaluation by My Sisters Boudoir of the damage to an Item/s, You agree to pay the charges as described herein and lodge a complaint with the Western Australian body presiding over consumer protection to obtain a refund, if a judgement is awarded in Your favour.
b) In the event You dispute Your liability under these Terms, You agree that in determining fair value of compensation, should the Item/s not be returned in the same condition it left the premises, barr normal soiling that can be cleaned and minor damage that can be repaired, potential loss of future income will take into consideration the extent the hire price of the Item/s could be devalued by the damage.
c) Further, potential loss of income may be calculated as a rate by which the hire price of an Item/s is devalued by the damage and the expected times an Item/s would have been rented if it were not for the damage.
d) My Sisters Boudoir may engage a debt collection agency and any costs associated with recovery of money owed under these Terms and Conditions will also be claimed from You.
e) My Sisters Boudoir may also take the matter to the Small Claims Tribunal, whereby the matter will be heard by the Perth Magistrates Court. Any judgement against You may be reported to credit rating agencies and which may affect Your personal credit rating.
f) You agree to compensate My Sisters Boudoir for loss described herein and You authorise My Sisters Boudoir to charge to Your nominated Credit Card without prior notice and without seeking further express consent in addition to that already provided by these Terms and Conditions, or to claim from You the amount payable under this section,
g) This authorisation is not retracted, rescinded, revoked or otherwise withdrawn should You dispute the damage and loss.
8.5 ADMINISTRATION FEES FOR UNSUCCESSFUL TRANSACTIONS
Unsuccessful transactions for monies due to My Sisters Boudoir under these will incur a $15 administration fee per unsuccessful transaction.
9 OWNERSHIP AND PERMITTED USE You acknowledge and agree that You are renting an Item/s for a limited time and that ownership of the Item/s at all times remains with My Sisters Boudoir.
You agree and warrant You will not sublet the Item/s. You authorise My Sisters Boudoir to charge Your credit card or to claim from You the full hire fee, without any discount, for every occasion You sublet the Item/s.
You are to credit My Sisters Boudoir for images of hired Item/ss published in any form of social media. You are obliged to comply with a request by My Sisters Boudoir to remove photos that do not credit My Sisters Boudoir.
My Sisters Boudoir has the right to have and use at its discretion copies of images of hired Item/ss displayed on social media.
10 COMPLAINTS AND INDEMNITY
If You have any problem concerning Your Order (whether as to quality, fitness for purpose, delivery, quality, quantity or otherwise of the supplied Items), You should direct Your complaints and enquiries to firstname.lastname@example.org
Should You dispute Your liability on account of any matter, in order to avoid costs of debt collection procedures My Sisters Boudoir recommends, without prejudice, You pay the charges as described herein and lodge a complaint with the Western Australian body presiding over consumer protection to obtain a refund, if a judgement is awarded in Your favour.
Notwithstanding the above, 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 Item/s; or
(c) the failure or alleged failure of any Item/s redeemed to satisfy any law, regulation, condition, warranty or other representation (whether such condition, warranty or representation is express or implied).
11 SPECIFIC WARNINGS
11.1 USE FOR LAWFUL PURPOSES
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.
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.
11.3 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.
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.
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).
11.6 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.
11.7 LINKED WEBSITES
11.8 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.
11.9 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.
11.10 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.
11.11 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.
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.
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 or terminate Your access to the Website or that any of the information that You have submitted to us is untrue.
11.15 WAIVER OF RIGHTS
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.
11.17 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.
11:18 Currency and Time
All amounts quoted in the Website are in Australian dollars (AUD).
All reference to time is Perth local time.