In these terms and conditions, “we” “us” and “our” refers to Designerex Services Pty Ltd (ACN 601 945 635), Trading as ‘Designerex’. Your access to and use of all information on this website including the rental of designer clothing and accessories through our website or mobile apps which are provided subject to the following terms and conditions. Person(s) lending Items through our Website or Mobile App are referred to as Lenders or Owners. Person(s) receiving leased or rented Items through our Website or Mobile App are referred to as Renters or Borrowers.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

SCOPE

We operate the Website and/or mobile apps, which act as an interface between the various Renters and Lenders of designer clothing. Transactions are between Renters and Lenders, however all users of our services are subject to these Terms and Conditions.

If a Lender has any specific rules, a Renter and Lender agrees to also adhere by those rules, so long as they don’t conflict with these Terms and Conditions.

These Designerex Terms and Conditions are also subject to any Insurance providers Terms and Conditions, which if any Insurance is provided, are made available to the Lender and /or Renter before any booking is completed, if it includes Insurance.

Our services

Our services are provided to adults over the age of eighteen (18) years. By proceeding to transact or rent through our website, you acknowledge that you are over 18 years of age.

All prices are in Australian Dollars (AUD) and are exclusive of GST except where otherwise noted. We endeavour to ensure that our price lists are current. Our price list can be accessed from our home page or mobile apps and users listing items reserve the right to amend the prices at any time. We are not liable for damage suffered in relation to price fluctuation.

product descriptions

We strive to ensure that the listed products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any incorrect description, we and the Lenders or Owners reserve the right to correct any error or omission without notice.

Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

product bookings

Our products are for rent to adults over the age of eighteen (18) years. By proceeding to purchase or rent through our website, you acknowledge that you are over 18 years of age.

We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

Our fees and charges can be accessed from our home page and we reserve the right to amend our fees and charges at any time.

When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact, credit card details and any other information that we request from time to time. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

All risk of loss or damage to the goods passes to you when we, or a lender or owner despatch the goods.

site access

When you visit our website, we give you a limited licence to access and use our information for personal use.

You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

We reserve the right terminate user access and delete content wherein we believe that user has acted in manner that is generally considered to harassing, bullying, illegal, defamatory, racist, or inappropriate.

hyperlinks

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

intellectual property rights

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

You are strictly liable for all content posted on the website or mobile apps by You. We are not responsible for defamatory, libellous, harassing, unauthorised content or inappropriate content posted by users of the website or mobile app. We reserve the right to amend or remove any uploaded content.

payment

In addition to the payment of the applicable rental price for goods delivered through the Website and/or Mobile Apps, Renters or Borrowers are responsible for paying all other costs which may include shipping, transport or postage costs and any other costs displayed, such as insurance (if applicable) or cleaning, our service fees, and all applicable sales, GST and other taxes associated with the rental of any Items through the Website and/or Mobile Apps (Associated Costs). All such shipping and other Associated Costs and taxes may not necessarily be included in the listed price for any goods made available from the Lender through the Website and/or Mobile Apps, but will be displayed to the Renter. The Renter is responsible for the proper and timely payment of the ordered Item and all it’s Associated Costs.

We will deduct from the Price a Service Fee in consideration for the services provided by us through the Website and/or Mobile Apps. The amount to be received by the Lender, net of the Service Fee, is shown to the Lender at the time that the Lender is sent a request by a Renter, to accept or decline a booking.

An additional Security Deposit may be required by the Lender, and in that instance, Renter’s agree to be charged any Security Deposit in addition to any rental fees and Associated Costs. Renters and Lenders agree that in the event of a dispute, Security Deposit funds may be withheld by Us or the Lender, at the discretion of Us, and in accordance with the Dispute Resolution clause of these terms.

A third party payment provider (such as Stripe) designated by us may store Your credit card information, to simplify repeat transactions for You. We will not directly see Your credit or debit card details or the letters or numbers of Your secret code (to the extent that You are required to provide these). These will be viewable only by the payment provider and/or Your card issuer (as applicable).

Following confirmation of a Transaction through the Website or Mobile Apps and payment of the required amount by the Renter, we may notify the Lender and, if applicable, electronically send to the Lender’s email address indicated on the Lender’s Account a shipping label which should be used by the Lender to ship the Item to the Renter.

If the Lender is provided with such a label, the Lender must print that label, ship the rented Item using the shipping label (and corresponding shipping method) required by us within three Business Days or any other time frame required by us, after receipt of the shipping label.

Rental Estimate

You agree that any rental estimate provided by Us to You is an estimate only, it is subject to other factors which include but are not limited to, varying market conditions and it should not be relied upon.

Payment to lender

In respect of a Booking, we will credit the Lender’s account in an amount equal to the Rental price and any (if any) Associated Costs received from the Renter, minus the Service Fee to be retained by us.

If a dispute resolution process has been commenced by a Renter or a Lender, or for any reason that may arise (if any), then we reserve the right to immediately withhold any monies payable to a Lender.

Please allow 7-14 days (business days) from the conclusion of your rental booking, for it to be approved and placed into processing. In cases where this is longer, you may contact our Customer Care Team at info@designerex.com.au to enquire. This can vary during peak periods.

Your Payout may also be automatically placed on hold if:

a. We receive an enquiry or dispute from your Renter
b. There is a delivery issue, such as, your tracking reflects a delivery date to your Renter that is after the rental commencement date, tracking details are missing or there are no tracking updates at all, or any other issue which does not reflect a timely delivery to your Renter
c. Your Bank Details have not been entered or they are incorrect.
d. or any other issue flagged that may result in further investigation required, and/or your Renter requiring a refund.

Payouts are made to your nominated bank account, which can be updated by visiting your Dashboard > Account > Payout Details.

Lenders are notified when payment has been made via email.

The Cancellation Policy set out below shall apply to every booking.

delivery

If the Renter chooses the delivery service, the delivery charges will be added at checkout. Lenders rely on third parties to provide delivery services. Neither us nor the Lender will be responsible if estimated timelines are not met due to postal failures or delays. If You as a Renter, do not receive a delivery in time, You must notify the Lender immediately.

CANCELLATION POLICY

cancellation by renters

Providing Designer Clothing for a specific date, immediately excludes other people from securing that exclusive item on that date, as such, restrictions to cancellations are applicable as outlined below.

Cancellations affect your review and rating.

You may cancel a request as a Renter, but you may not be able to cancel your booking once your request has been accepted by a Lender.

If your booking request is accepted, it can only be cancelled prior to 14 days of the expected Delivery Date of your item. If you cancel prior to 14 days of the Delivery Date, then you are entitled to a Refund.

If applicable, your refund may take up to 10 days to be refunded to you.

If your booking request is accepted, and you do not cancel prior to 14 days of the expected Delivery Date, then the booking cannot be cancelled and is non-refundable.

All bookings made within 14 days of an expected Delivery Date are non-refundable.

cancellation by lenders

Cancellation penalties apply to Lenders that cancel a confirmed booking that they have accepted. It is only in the rare instance where extenuating circumstances arise, that a Lender may need to cancel a confirmed reservation and by which we may elect to forgo the cancellation penalties. Such cases, at our discretion, will be contingent on proper documentation, where valid, and include:

• Death in the family
• Serious illness or serious illness in the family
• Natural disaster in the country
• Political unrest in the country
• Damage to the clothing by a previous Borrower

Cancellation penalties may include any reasonable fees as determined by us.

Cancellations affect your review and rating.

exceptional return

For any requested refund, or any dispute whatsoever, please refer to the paragraph titled ‘DISPUTE RESOLUTION’ in these terms and conditions.

If for a reason relating to the quality of the Items received, the Renter or Borrower is unhappy with their transaction through the Website or Mobile App, the Renter must notify the Lender or Owner immediately upon receipt. Where the Renter or Borrower receives the Items from the Lender, the Renter must refuse the Items immediately if they are unhappy with them. The Renter will not be able to make a return pursuant to this clause if they accept the Items, or be seen as having accepted the Items, or do nothing.

Where the Renter chooses for the Items to be delivered and the Items do not match those ordered or are faulty to the extent that they cannot be worn, the Renter must notify the Lender within 2 Hours of receipt.

To return Items, the Renter must follow the instructions that are supplied with this Site or with the Order and return any disputed Items immediately upon receiving them. In circumstances where the Items are not faulty and they correspond to the Order, the Renter is not entitled to any refund, exchange or credit note.

The Renter shall pay for the costs of delivery or any other associated costs when returning the Items.

On an Exceptional Return, all Items must be returned with their delivery note to the Lender. You must not send returned Items to Us.

If, due to a fault a Refund is payable, refunds will only be credited to the original payment method used. Save for when the Items are faulty or clearly not fit for purpose, and the dispute resolution process has firstly been followed, the refund does not include any shipping or handling costs or administration fees charged for use of a credit card.

We strongly advise You to send all returned Items in a secure manner as advised to you from time to time. Any returned Items must be insured for the full amount of the sum paid and signed for on delivery.

Neither us nor the Lender shall be responsible for any lost or damaged Items. Therefore, You are advised to retain the proof of postage certificate for any Items returned.

On an Exceptional Return, where You decide that You will not wear any Items that You have ordered, postal costs for returned Items will be Your responsibility, and you must notify the Lender immediately upon receipt of the item, and then adhere to the dispute resolution process contained in these Terms and Conditions.

If a refund is determined payable, we will credit the Renter’s credit/debit card for the sum paid in due course, at our discretion, minus any associated costs, for example such as postage and our Service Fees. If the Renter’s funds have already been paid by us to the Lender, then the Lender will refund the Renter or be directed by Us to refund the Renter direct.

If you are a Lender, you agree, that if it has been determined by Us that a refund is payable to the Renter, then, if you have not already been paid by Us, you authorise us to refund the rental fees and any other applicable fees to the Renter on Ours or Your behalf (less any applicable service fees and associated costs as determined by Us). If the amount that we hold on account for you does not cover all of these costs payable to the Renter, then you authorise us to withhold future monies held on account for you, or to seek legal recovery of any monies or associated costs, at our discretion, from you.

If you are a Lender, you agree, that if it has been determined that a refund is payable to the Renter, and, if you have already been paid for your rental fees by Us, then you are responsible to refund the Renter if so directed by Us, and if necessary at our discretion, you authorise us, to claim any outstanding monies plus recovery costs or any associated damages, on behalf of Us or the Renter, against you.

late fees

If you are a Renter, and you do not return your dress by the designated return date, you will be liable for late fees. Late fees are either calculated daily, pro-rata to your rental fees or calculated to be the full rental fee of a minimum rental period, at our discretion. Late fees are also subject to a Lender’s own rules, which are provided to you prior to booking a clothing item.
You authorise Us to charge your credit or debit card late fees if applicable, which may be deducted from any Security Deposit, if applicable.

damaged or missing designer clothes

If you are a Renter, you agree, that you are liable for any damage that is caused to the designer clothing item, or if the item is missing or stolen. If you are a Renter, and the dress is damaged in any way, or becomes missing, stolen, or not returned satisfactorily, at our discretion, to the Lender or to any location nominated by Us, you authorise Us to charge your credit or debit card, or commence legal recovery from you, for the full recommended retail price or replacement price, as determined by Us, either or both of which, was provided to you, prior to your booking. If applicable, you authorise us at our discretion, to apply your security deposit (if any) for any dress damage, or for any repair, or for any insurance excess payable (if any), or for any other costs associated with the clothing damage. If a security deposit has not been provided by you, or if your security deposit or credit card does not cover all the costs related to the dress damage, then you authorise us to commence legal recovery, or take any action whatsoever, for any such outstanding costs and any applicable damages, plus legal costs, against You. If we form the view that the dress has been stolen or fraudulently obtained, then you as a Renter acknowledge that we may involve Government authorities against You.

If you are a Lender, you agree that although we may carry out security measures for a Rental Booking and use our best endeavours for recovery, we cannot ultimately guarantee the recovery of your Designer Clothing or it’s cost and any related costs or damage, in the event that it is damaged or missing.

MARKETING

You agree to receiving marketing material from us.

dispute resolution

In the event of a dispute, Renters and Lenders must always first contact each other in good faith, and with every intention of satisfactorily resolving the dispute with each other.

If a dispute cannot be resolved by the first step indicated directly above, then either the Lender or Renter must contact Us within 48 hours of the dispute arising and provide details of the dispute, including when the dispute first arose. Our contact details are available on the Designerex Website and/or Mobile Apps.

You agree, whether you are either a Lender or a Renter, that any final decision by Us, in relation to a dispute of any kind whatsoever, is binding on you and all parties to the dispute.

disclaimers

Whilst we have taken all due care in providing the information on our Website and apps, we do not provide any warranty, either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded.

We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

statutory guarantees and warranties to consumers

Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
Schedule 2 of the C&C Act; and
those statutory guarantees, all of which are given by us to you if you are a consumer.

If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
We will repair or replace the goods or any part of them that is defective; or
Provide again or rectify any services or part of them that are defective; or
Wholly or partly recompense you if they are defective.
As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act.

In that regard:-

If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.

If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

business lenders

It is a term of promoting the listings of our Business Lenders on our site, that Business Lenders must not advertise at a lower price with any other advertising means and must always keep their designer clothing availability information up to date.

member conduct

It is a violation of our Terms and Conditions to:

recruit or otherwise solicit any Renter, Lender or other Member to join third-party services or websites that are competitive to Designerex, without Designerex’s prior written approval;

use Our Website and/or apps or services to find a Renter or Lender and then complete a booking independent of the Website and/or apps, in order to circumvent the obligation to pay any Service Fees or for any other reason.

limitation of liability

If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

We do not participate in any way in the transactions between our users.

consignment

Person(s) consigning their Items to a Lender for renting to Renters, are known as a Lender, but where applicable, may also be referred to as a Non-Managing Lender. Person(s) having items consigned to them by a Non-Managing Lender for renting to Renters are known as a Lender, but where applicable, may also be referred to as a Managing Lender.

When a Non-Managing Lender consigns their Item for renting to Renters, to a Managing Lender, they give all controlling rights to a Managing Lender and permit a Managing Lender to carry out all renting duties, including deciding on who and what terms the Item is rented, and give the Managing Lender an entitlement to share in Rental fees.

Notwithstanding the acceptance to adhere to the dispute resolution process within these Terms and Conditions, both the Non-Managing Lender and the Managing Lender acknowledge that the agreement to consign is between themselves and Designerex is simply facilitating the transactions via its Website and/or Apps.

The Non-Managing Lender and the Managing Lender acknowledge that all consignment lending must be done using the Designerex website and apps, and that the Managing Lender, upon acceptance of these Terms and Conditions. only has authority to Lend a consigned dress via the Designerex Web and Apps.

The Non-Managing Lender acknowledges, that neither the Managing Lender or Designerex is responsible for any loss and damage to the dress, or any damages whatsoever relating to the consignment of the item for lending.

If a dispute arises in connection to consignment of an Item for lending, both the Non-Managing Lender and the Managing Lender acknowledge that they agree to be bound by the dispute resolution process in these Designerex Terms and Conditions.

class action waiver

By accessing our Website and/or mobile apps, you agree to waive all rights to any class action against Us.

indemnity

By accessing our Website and/or our mobile apps, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our Website and/or apps.

force majeure

If a Force Majeure event causing delay continues for more than thirty (30), we may terminate this Agreement by giving at least seven (7) Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

jurisdiction

These Terms and Conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these Terms and Conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.

If any provision in these Terms and Conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and Conditions and the remaining provisions will remain in full force and effect.
You agree that Designerex Group Pty Ltd does not operate this website. This Website and mobile apps are operated by Designerex Services Pty Ltd, trading as Designerex. Designerex Group Pty Ltd, is not liable for any direct or consequential damage arising from your use of the Website or associated mobile apps.

privacy

We endeavour to take all due care with any information which you may provide to us when accessing our Website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we endeavour to take reasonable steps to preserve such information in a secure manner.

Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.