Terms & Conditions Agreement Contract
Hire Terms and Conditions
By Entering our site and placing a hire order you are agreeing to all terms and conditions stated below.
Summary of booking policy:
- Once you have booked and paid for an item, the rental sale is final. We do not offer refunds for change of mind, incorrect sizing or event cancellation. We offer a swap to another item for the same date of any value, pending availability. If the swapped item is cheaper than the original booked item you will not receive any refund. If the swapped item is more expensive than the original item booked you will be required to pay the difference.
- Cancellations can be made with 7 days notice via wmiyhire.contact@gmail.com. You will receive 50% of the hire fee as a hire store credit to use in the next 6 months.
- Covid policy (applicable only to a statewide lockdown) full store credit to use in the next 6 months.
- Postal hires: a copy of your ID must be emailed to wmiyhire.contact@gmail.com. This information is for insurance purposes and is kept confidential and destroyed upon completion of the order.
Summary of postage policy:
- Garments are posted out Monday the week of the event or in some instances Tuesday if hired the previous weekend. If you require an item to hire for a weekday you may need to pay extra to have it shipped the week prior to ensure you have it in time. Email wmiyhire.contact@gmail.com to organise. (Generally 50% of the hire fee extra, pending availability).
- If in the rare case Aus Post has a delay in getting your garment to you and it doesn’t arrive in time for your event, you will receive the 50% of the payment as a store credit to use in the next 6 months (once the garment is returned/unworn). We do not offer refunds for third party delivery delays.
- If you book later than Monday the week of the event, this is your choice to risk a possible late arrival, if unable to be posted in time you will receive a store credit to use in the next 6 months.
Summary of damages to items policy:
Damaged items that can be repaired to original condition (discretion of WMIY)
- Damage that can be repaired to original condition eg seams coming undone, buttons coming loose will cost the repair cost + $10
- If repairs impact a future hire, you will be required to reimburse the customer + $20 for a store credit for their next hire for the inconvenience.
Damaged items that cannot be repaired to original condition
- The faulty item must be returned to WMIY.
- The RRP must be paid for items that are not sold out and can be replaced.
- 200% of the RRP must be paid for sold out items that cannot be replaced to cover a fraction of lost income from not having the item to hire out in future.
- Payment of these can be made over a period of time if unable to pay upfront (discussed via wmiyhire.contact@gmail.com)
- Hire fee will be charged again for each weekend until payments start
- Failure to pay will result in a debt collection agency being employed, the fees for this service will be passed onto you, this fee ranges depending on the amount of chasing required and time they spend.
Summary of late returns:
- Returns for pick up hires are Monday 3-6pm following the weekend of hire or the following day after hire for a weekday hire in store. Can also arrange return to my home in Seacombe Heights Sunday for a weekend hire.
- Late fees of $20 per day apply for each day late.
- Hire fee charged again if the garment is not returned by 4pm the following Friday (on top of late fees)
- Late payment of late fees will be a $5 per day fee until full amount is paid
- Postal returns - return in the supplied postage satchel with the supplied return slip, please see email with tracking information the week of your event for more details. A lodgement receipt of return must be emailed before 12pm Monday to avoid late fees. Late fees of $20 a day apply until the lodgement receipt is received.
- If the garment is not back and able to be cleaned in time to hire out on the weekend the hire fee will be charged again.
1. Introduction
1.1.These Hire Terms and Conditions (together with the documents referred to in it) comprise the terms of a legal agreement between What’s Mine is Yours Hire (ABN 86 729 883 036) (What’s Mine is Yours Hire, our or us) and the person making the Booking (Customer, you or your) (Agreement).
1.2.All Bookings made with What’s Mine is All Bookings made with What’s Mine is Yours Hire on, or via, the Website, are made subject to the terms of this Agreement and you are deemed to have accepted this Agreement once you have booked on the website.
1.3. By contracting and dealing with us, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
2. Rental
2.1.What’s Mine is Yours Hire shall hire Apparel to the Customer for the duration of the Hire Period and at the Hire Fee as specified in the Hire Invoice.
2.2.The Customer may hire Apparel from What’s Mine is Yours Hire on, or via, the Website.
2.3.What’s Mine is Yours Hire may, at our absolute discretion:
(a)accept or decline to hire any Apparel to the Customer; or
(b)stop supply or terminate the hire of the Apparel in accordance with clause 10.
3. Hire Period
3.1.The hire period commences on the earlier of the following:
(a)when the Customer collects the Apparel from the Studio; or
(b)when What’s Mine is Yours Hire delivers the Apparel to the Customer at the Nominated Address,
and the hire period ends when the Apparel is returned to the Studio (Hire Period).
3.2.The Hire Period will be for the period set out in the Hire Invoice as per the Returns section of the FAQ page on the What's Mine is Yours Hire website.
3.3.If the Customer fails to return the Apparel to What’s Mine is Yours Hire by the date nominated in the Hire Invoice, the Customer will pay us, by way of liquidated damages, $20 per day until the Apparel is returned. Standard return times are as follows;
Lost or stolen garments:
Late fees and extra hire fees apply until the replacement value of the dress and current fees are paid in full.
Postal hires:
- Normal weekend: return the garment Monday before 12pm at the Post office and send a copy of the lodgement receipt & tracking number to wmiyhire.contact@gmail.com
- Long weekend (public holiday Monday): return the garment Tuesday before 12pm at the Post office and send a copy of the lodgement receipt & tracking number to wmiyhire.contact@gmail.com
- Weekday hire: return the garment the day following the hire date before 12pm at the Post office and send a copy of the lodgement receipt & tracking number to wmiyhire.contact@gmail.com
If the lodgement receipt is not sent to wmiyhire.contact@gmail.com the garment will not be considered returned and the late fees of $20 per day will incur until it arrives in studio.
If the apparel is still not returned by Friday 2pm the Customer must also pay the Hire Fee again as well as the $20 per day fee which will recur until returned. (Late Hire Fee).
4. Booking and Hire Fees
4.1.Hire Fee listed on the Website are in Australian Dollars and are inclusive of GST. Any Hire Fee listed on the Website is an estimate only and the Hire Fee may change at any time.
4.2.The Customer will pay the Hire Fee to What’s Mine is Yours Hire in accordance with the Hire Invoice.
4.3.The Hire Fees shall be paid by electronic funds transfer or any other payment method nominated by What’s Mine is Yours Hire.
4.4.In addition to the Hire Fees, the Customer will pay:
(a)good and services tax (GST) and any other taxes and government charges, levies or fines in relation to the hire of the Apparel;
(b)costs incurred by What’s Mine is Yours Hire for postage and delivery, where:
the Customer requests that What’s Mine is Yours Hire deliver the Apparel to the Customer’s to the Nominated Address; or
What’s Mine is Yours Hire is required re-deliver the Apparel to the Customer because adequate access to the Nominated Address was not provided, such that delivery could not be effectively performed;
(c)charges to clean and repair the Apparel if not returned in clean and good condition as specified on the Website;
(d)charges to repair or replace damaged, stained or loss Apparel (including the bag the Apparel is stored where the Apparel is collected from the Studio) as specified on the Website; or
(e)the Late Hire Fee (if applicable).
4.5 Bookings are subject to availability at the time the Booking is made, and may be made via the Website.
4.6 The full balance of the Hire Fee is payable by you upon booking via website.
4.7 Bookings do not constitute a legally binding agreement until What’s Mine is Yours Hire confirms that the hire fee has been paid and you receive written confirmation to your nominated email address from What’s Mine is Yours Hire that the payment has been received and the Booking has been confirmed.
4.8 To the fullest extent permitted by law, if you cancel the Booking, you will forfeit the full amount of the Hire Fee. What’s Mine is Yours Hire may, at our absolute discretion, permit you to change or replace the Apparel you have hired, provided the Booking is for the same day. You will be required to pay any difference in the Hire Fee for any replacement Apparel you wish to hire. If the Hire Fee for the replacement Apparel is less than the Hire Fee for original Apparel hired, there will be no refund of the difference.
4.9 If the Customer fails to pay any amount to What’s Mine is Yours Hire under this Agreement by due the due date, without limiting any other remedies available to us under this Agreement or at law, What’s Mine is Yours Hire may, at our sole discretion, either:
a) charge interest on all outstanding Hire Fees, charged at an interest rate of 1.25% per month (15% per annum). Interest will accrue daily and be payable upon demand; or
b) cancel the delivery of any Apparel to the Customer until all outstanding Hire Fees are paid in full (including any interest); or
c) set off any and all Hire Fees against any amounts owing to the Customer by What’s Mine is Yours Hire under this Agreement.
4.10 The Customer will pay What’s Mine is Yours Hire all costs and expenses incurred in recovering any outstanding invoices (including any interest), legal costs and expenses paid by What’s Mine is Yours Hire in relation to enforcement steps or mercantile or collections agents.
5. Delivery
5.1. Where the Customer requests delivery of the Apparel, What’s Mine is Yours Hire shall use reasonable endeavours to effect delivery of the Apparel, and by the date and time agreed between the parties in writing.
5.2.Delivery times are estimates only. If the delivery of Apparel is delayed for any reason, What’s Mine is Yours Hire will not be liable to the Customer for any costs, losses or damages caused to the Customer (or anyone else) by any delays in delivery or collection. What’s Mine is Yours Hire shall use reasonable endeavours to promptly notify the Customer of any delays in delivery of the Apparel.
6. Risk, title and insurance
6.1.The risk of the Apparel, including from loss, theft, damage or destruction of the Apparel, will pass to the Customer on and from delivery. The Apparel will remain at the sole risk of the Customer at all times during the Hire Period.
6.2.The Apparel will at all times remain property of What’s Mine is Yours Hire, and the Customer will have no right, title or interest in or to same (save the right to possession and use of the Apparel during the Hire Period subject to this Agreement).
6.3.The Customer must not, without prior written consent of What’s Mine is Yours Hire:
a) part with control of (including for the purposes of repairing or dry-cleaning), transfer, sub-let, assign, sell or offer for sale or lend or otherwise encumber the Apparel; and
b) do or permit to be done any act or thing which will or may jeopardise right, title and/or interest of What’s Mine is Yours Hire in the Apparel.
7. Customer’s responsibilities
7.1.At all times during the Hire Period, the Customer will:
a) ensure that the Apparel is kept safe and secure and only use the Apparel the purposes for which it is designed;
b) satisfy itself as to the suitability, condition and fitness for purpose of the Apparel without relying upon the skills or judgment of What’s Mine is Yours Hire. What’s Mine is Yours Hire is entitled to assume that the Apparel was received by the Customer in good condition and clean (unless notified otherwise in writing in accordance with cause 7.2). What’s Mine is Yours Hire makes no warranty that the Apparel to meets the needs of the Customer, or that they are free of defects. The Customer hires the Apparel on ‘as is’ basis;
c) keep and maintain the Apparel in the same condition as it was at the commencement of the Hire Period;
d) not repair or alter the Apparel, damage, stain, wash or dry clean the Apparel, including no clamping of the Apparel or affixing any pins or tape to the Apparel; and
e) not remove, deface or erase any trade marks, trade names, logos, washing or safety instructions, hanging loops or labels from the Apparel.
7.2. When the Apparel are delivered to the Customer, the Customer must promptly check the Apparel for any defects, stains or damage (Defective Apparel). The Customer may only reject Defective Apparel, if the Customer notifies What’s Mine is Yours Hire in writing of the Defective Apparel (and provides photograph evidence of the Defective Apparel) within 4 hours after delivery. In the event the Customer rejects the Defective Apparel, What’s Mine is Yours Hire, you can return the Defective Apparel, at our expense, by:
a) posting the Defective Apparel to us (together with any bag was supplied with it). You must email us or text message us proof that the Defective Apparel has been posted to us; and
b) hand delivering to Defective Apparel to the Studio or posting the Defective Apparel to us.
7.3.Following an inspection of the Defective Apparel, if What’s Mine is Yours Hire determines that the Apparel you returned is:
a) not Defective Apparel or was worn by you prior to you notifying What’s Mine is Yours Hire of the Defective Apparel, What’s Mine is Yours Hire will not reimburse the costs you incurred in returning the Apparel; or
b) Defective Apparel, What’s Mine is Yours Hire shall, at our expense, replace the Defective Apparel with the same or similar Apparel of Customer’s choice. To the fullest extent permitted by law, such substitution constitutes the Customers sole and exclusive remedy for Defective Apparel. This will be in the form of another item for that same date where possible or a store credit.
8. Delivery and liability
8.1.Delivery will be deemed to have been affected once the Apparel has been collected by the Customer from the Studio or when placed in the post for delivery to the Nominated Address.
8.2.Notwithstanding that a date (which date shall be an estimate) is stipulated in the Hire Invoice, the time for delivery of the Apparel, will not be regarded as being of the essence. If the delivery of the Apparel is delayed for any reason, What’s Mine is Yours Hire will not be liable to the Customer for any costs, losses or damages caused by any delays in delivery.
8.3.The Customer will be responsible for any loss or damage, liability or cost caused by, or to, the Apparel during the Hire Period, or caused by any act or omission of the Customer or any third party. The Customer is liable to What’s Mine is Yours Hire for and must indemnify What’s Mine is Yours Hire for:
a) the full cost of either repairing or replacing the Apparel as determined by What’s Mine is Yours, at our absolute discretion (and in the case of Sold Out Apparel, up to 200% of the Recommended Retail Price);
b) any other costs arising from or in connection with the loss, theft or damage to the Apparel (including the bag the Apparel was collected in by the Customer); and
any lost revenue suffered by What’s Mine is Yours Hire arising from, or in connection with, the loss, theft or damage to the Apparel.
8.4.In the event that the Apparel is lost, damaged, stolen, stained or becomes unsafe to use during the Hire Period:
a) the Customer must immediately stop using, cleaning or wearing the Apparel, and the Customer must promptly notify and provide full details to What’s Mine is Yours Hire in writing by email (wmiyhire.contact@gmail.com); and
b) the Customer must return the damaged, stained or unsafe Apparel to What’s Mine is Yours Hire, and provide What’s Mine is Yours Hire with a proof of postage (eg lodgment receipt and tracking number).
Lost or stolen garments:
Late fees and extra hire fees apply until the replacement value of the garment and current fees are paid in full.
9. What’s Mine is Yours’ Hire responsibilities
What’s Mine is Yours Hire agrees to lend the Apparel to the Customer on the terms and conditions of this Agreement and will
- subject to payment of the Hire Fees (and other amounts owing under this Agreement), allow the Customer to use the Apparel during the Hire Period; and
- use reasonable endeavours to effect delivery of Apparel by the date and time agreed between the parties in writing.
10. Term and termination
10.1.This Agreement commences when the Apparel is booked on the What’s Mine is Yours Hire website (www.wmiyhire.com), and continues unless terminated in accordance with its terms.
10.2.Without limiting any other remedies available to us under this Agreement or at law, What’s Mine is Yours Hire may terminate this Agreement (without any liability to you) if you:
a) fail to pay the Hire Fees or any other amounts owing under this Agreement (including interest) by the due date and such failure is not remedied within 7 days after your receipt of notice requiring you to do so;
b) breach any term of this Agreement and such breach is not remedied within 3 days after your receipt of notice requiring you to do so; or
c) breach any term of this Agreement and such breach is not capable of remedy.
10.3.On termination of this Agreement for whatever reason, the Customer will pay to What’s Mine is Yours Hire on demand:
a) all outstanding Hire Fees and other amounts due under this Agreement (including any interest); and
b) any costs and expenses (including legal costs) incurred by What’s Mine is Yours Hire in recovering any amount owing under this Agreement, including the cost to clean, dry cleaning, repair or replace the lost, damaged or stained Apparel (including the bag the Apparel was collected in by the Customer).
11. Exclusion of warranties and liability
11.1. To the fullest extent permitted by law, What’s Mine is Yours Hire excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) in connection with the provision of the Apparel (or any goods or services provided in connection with the Apparel) or this Agreement.
11.2.Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.
11.3. You acknowledge that What’s Mine is Yours Hire may use third party products and services and third party providers enable you to access and use the Apparel for the Hire Period (such as post and delivery service providers for the delivery or collection of the Apparel) and that your use of and reliance on such third party providers is solely at your own risk. What’s Mine is Yours Hire makes no representation or commitment and shall have no liability or obligation whatsoever to you or anyone else in relation to the performance, reliability or use of any such third party products and services.
11.4. To the fullest extent permitted by law, What’s Mine is Yours Hire will not be liable to you or any third party for loss of or damage to any property or any personal injury or death to you or any third person, arising out of, relating to or connected with the provision, hire or use of the Apparel (or any goods or services provided in connection with the Apparel) and this Agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
11.5.Under no circumstances will What’s Mine is Yours’ Hire aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Hire Fee paid by you to What’s Mine is Yours Hire under this Agreement in the preceding 1 month of the claim.
12. Privacy
What’s Mine is Yours’ Hire will comply with the requirements of the Privacy Act 1988 (Cth) in respect of all personal information collected, used, stored or otherwise dealt with under or in connection with this Agreement.
13. Dispute resolution
The parties may, before resorting to court proceedings (except interlocutory or interim relief), initially refer any dispute between the parties under or relating to this Agreement to a nominated representative of each party to endeavour to resolve the dispute within 20 days. If the dispute is not resolved within this period, then either party may, in its absolute discretion, initiate court proceedings.
14. Notices
By hiring the Apparel, you accept that all notices given by What’s Mine is Yours Hire will either be posted on the Website or given by email to the email address nominated by you in the Hire Invoice.
15. General
15.1 A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
15.2 If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
15.3 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
15.4 This Agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
15.5 Neither party shall, without the prior written consent of the other party (which will not be unreasonably withheld), assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement, except that What’s Mine is Yours Hire may assign, sell or transfer its rights or obligations under this agreement to a related bodies corporate or bona purchaser of the What’s Mine is Yours Hire business.
15.6 Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.
15.7 The laws of the State of South Australia, govern this Agreement. You agree to submit to the exclusive jurisdiction of the Courts of South Australia.
16. Definitions
In this Agreement, unless the context otherwise requires:
16.1. Apparel refers to the dress, garment or accessory hired to the Customer.
16.2. Agreement has the meaning in clause 1.1 and includes the Hire Invoice.
16.3. Booking means the hiring of Apparel from What’s Mine is Yours Hire by the Customer in accordance with this Agreement.
16.4. Customer, you or your has the meaning in clause 1.1, and includes anyone acting on the Customer’s behalf or with the Customer’s express or implied authority.
16.5. Deposit has the meaning in clause 4.6.
16.6. Hire Fee means the payments made by or on behalf of Customer for the hire of the Apparel as set out in the Hire Invoice.
16.7. Hire Period has the meaning in clause 3.1.
16.8. Hire Invoice means a valid tax invoice issued by What’s Mine is Yours Hire setting out the specific Apparel to be hired, the Hire Fees and the Hire Period.
16.9. Late Hire Fee has the meaning in clause 3.3.
16.10. Nominated Address means the address nominated in the Hire Invoice as the location for the delivery of the Apparel.
16.11. Sold Out means sold out from the store that was the original designer/stocklist for the Apparel.
16.12. Studio means the What’s Mine is Yours’ Hire premises situated at 11 Karoona Crescent, Seacombe Heights, South Australia.
16.13. What’s Mine is Yours Hire has the meaning in clause 1.1.
16.14. Website means the What’s Mine is Yours Hire website located at www.wmiyhire.co/or any other internet site notified by What’s Mine is Yours Hire from time to time.