TEMPORARILY YOURS – WEBSITE TERMS & CONDITIONS
Temporarily Yours Pty Ltd ACN 90 612 512 428 (“Temporarily Yours” / “we”/ “us”/ “our”) supplies fashion accessories for hire through its website www.temporarilyyours.online (the “Website”). By using our Website and/or placing an Order, you (the “Customer” / “you”/ ”your”) agree to be bound by the below terms and conditions (the “Agreement”).
(*will be marked Bold when used for the first time in this Agreement)
“Accessory” means any accessory/ies, handbag(s), clutch(es), sunglass(es) or any other item(s) supplied on hire by Temporarily Yours to the Customer and “Accessories” means more than one of these.
“Additional Daily Hire Fees” means the daily fee for hire of the Accessory for each day that the Accessory has not been received after the Return Date, as set by Temporarily Yours.
“Business Day” means a day that is not a Saturday, Sunday or public holiday in the state of Western Australia.
“Consumer Guarantees” means any right or guarantee the Buyer may have under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.
“Damage” means any tear, mark, stain, discolouration, mechanism malfunction or any other harm whatsoever.
“Dispatch Date” means the date the Accessory is lodged with Australia Post by Temporarily Yours for delivery to the Customer.
“Hire Fee” means the total cost to the Customer of hiring the Accessory for the Hire Period from as identified on the Website.
“Hire Period” means the period between the Requested Delivery Date and the Return Date, inclusive of both.
“Order” means an order placed by a Customer on the Website for hire of a particular Accessory.
“Original Condition” means the condition which an Accessory is in at the time it is dispatched to the Customer for an Order.
“Replacement Cost” means the total cost to Temporarily Yours (as determined by Temporarily Yours) to replace the Accessory.
“Requested Delivery Date” means the date that the Customer has requested the Accessory to arrive to the Customer.
“Return Date” means the Business Day on which the Customer must lodge return delivery of the Accessory to Temporarily Yours via Australia Post.
“Security Deposit” means the sum of $250 to be paid upon each Order as a security for the return of the Accessory to Temporarily Yours in its Original Condition.
“User Account” means an online account used by a Customer to place Orders on the Website.
Orders, Pricing & Payment
- You agree to register a User Account prior to placing an Order.
- An Order is placed when you have selected “I Agree”. We will not process an Order until such time as the relevant Hire Fee and Security Deposit have been paid in full.
- On placement and processing of an Order, Temporarily Yours agrees to loan you the Accessories specified in the Order for the Hire Period in accordance with the terms of this Agreement.
- You must pay the Hire Fee and Security Deposit for each Order by credit card. All payments will be processed by Temporarily Yours’ nominated payment processing services provider.
- All prices on the Website are in Australian dollars ($AUD).
- When making payment by credit card on the Website, you warrant that you are the owner of the relevant card or otherwise have the authority of the card owner to make such payment.
- You hereby agree:
- By placing an Order, you agree that payment of the Hire Fee and Security Deposit is due at the time that the Order is placed. You agree that Temporarily Yours may refuse to process an Order and deliver the relevant Accessories to you, where the Order is placed less than one (1) clear Business Day before the Requested Delivery Date.
- If for any reason whatsoever full payment of the Hire Fee and the Security Deposit for an Order is not successfully processed, we will automatically cancel the Order without notice to you and Temporarily Yours will have no obligations whatsoever to you under this Agreement in respect of that Order. Temporarily Yours will send you an email notifying you that the Order has been cancelled, and you will have an opportunity to place a new Order.
- The Website may display a calendar showing availability of particular Accessories (“Calendar”), however, Temporarily Yours makes no representation that an Accessory will be available for hire on any particular day and does not warrant that the Calendar will be up-to-date, complete or accurate.
- Should your selected Accessory not be available for any reason (including without limitation due to a late return by another Customer), Temporarily Yours will notify you as soon as practicable and you will have the option to cancel, delay your Requested Delivery Date or choose an alternative Accessory. If you elect to cancel your Order, we agree to promptly return any Hire Fee and/or Security Deposit paid by you for that Order.
Delivery & Returns
- Temporarily Yours does not provide refunds for Orders once placed for ‘change of mind’, but may offer an exchange or credit in its absolute discretion.
- Temporarily Yours does not charge for delivery or return postage. The Accessory will come with a prepaid return envelope that you can use to return the Accessories by the Return Date.
- Delivery of the Accessories to you shall be deemed to have occurred when the Accessories are delivered to the delivery address by our courier or postal service as nominated in your Order. Temporarily Yours is not responsible for any loss or damage whatsoever suffered as a result of any actions of any courier or postal service used, including without limitation leaving the Accessory at the nominated delivery address, any non-delivery of an Accessory or any Damage to an Accessory caused by any courier or postal service used whether directly or indirectly.
- For each Order, we will endeavour to deliver your Accessories by your Requested Delivery Date however are not able to provide any guarantee that your Order will be delivered by this date. As such you should consider the Requested Delivery Date to be an estimate only. You are deemed to accept delivery of the Accessories even if it is received later than the Requested Delivery Date. Temporarily Yours will not be liable for any loss or damage incurred by you as a result of the delivery being late. In specifying the Requested Delivery Date, it is your responsibility to allow for unforeseen delays which might arise in relation to the delivery of the Order.
- You agree to return the Accessories delivered for each Order to Temporarily Yours without Damage ‘over the counter’ at an Australia Post outlet by 00pm AWST on the Return Date (or 11.30am AWST if the Return Date is a Saturday). Accessories must be returned in the original box and packaging supplied by Temporarily Yours with delivery. You agree to take due and reasonable care of the Accessory when packaging the Accessory for return postage to Temporarily Yours, and to retain all relevant tracking numbers and lodgement receipts. ‘Time is of the essence’ when returning Accessories under this Agreement.
- If an Accessory is not received by Australia Post by 2.00pm AWST (or 11.30am AWST on Saturdays) on the Return Date, Temporarily Yours shall be entitled to charge Additional Daily Hire Fees and you agree to pay those charges until such time as that Accessory is received by Australia Post.
- You acknowledge and agree that the Additional Daily Hire Fees are a reasonable estimate made at the time of entering into the Agreement of the anticipated loss that Temporarily Yours will suffer by reason of the late return of the Accessory.
- If, for any reason whatsoever, Temporarily Yours has not received an Accessory by the time that the Additional Daily Hire Fees exceed the Replacement Cost, you agree that Temporarily Yours will nevertheless be entitled to the returned Accessory in addition to the Additional Daily Hire Fees. You agree that no equitable or other title or rights to the Accessory shall accrue to you through payment of the Additional Daily Hire Fees.
- Once Temporarily Yours has received back each Accessory from you, Temporarily Yours shall inspect the Accessory for any Damage (“Inspection”). If satisfied there is no Damage, Temporarily Yours (or its payment processing service provider) will within three (3) Business Days of the Inspection process a refund of the Security Deposit using the same credit card details with which the Security Deposit was paid.
- You agree that any other items contained within each Accessory or in the return postage bag that is not a part of an Accessory will be disposed of by Temporarily Yours. Temporarily Yours accepts no responsibility for any loss or damage suffered by a Customer by virtue of this clause.
Risk and Damage
- Temporarily Yours retains ownership of all Accessories loaned to you during the Hire Period but all risk therein passes to the Customer immediately upon dispatch by Temporarily Yours to Australia Post and until it has been received by Temporarily Yours.
- The Customer accepts full responsibility for maintaining all Accessories in their Original Condition.
- If an Accessory sustains any Damage (regardless of the nature or extent of the Damage) and Temporarily Yours assesses (in its sole discretion) that the Damage is capable of repair, Temporarily Yours may:
- If Temporarily Yours assesses that the cost of repairing the Damage is less than or equal to the Security Deposit – deduct and keep the cost of repair from the Security Deposit; or
- If Temporarily Yours assesses that the nature or extent of the Damage is such that the Accessory is no longer fit for hire to customers by Temporarily Yours – charge the Replacement Fee to the Customer.
- If you notice any Damage to an Accessory upon receipt by you of that Accessory at the commencement of the Hire Period, you must immediately photograph the Damage and notify Temporarily Yours by email at email@example.com prior to using the Accessory. If the Customer does not provide photographs of any Damage to the specified email address prior to using the Accessory, the Customer assumes full responsibility for the Damage.
- Other than Consumer Guarantees (which cannot be excluded by Temporarily Yours), Temporarily Yours excludes any term, condition or warranty that may otherwise be implied into this Agreement.
- If you wish cancel an Order, and you provide Temporarily Yours with written notice:
- At least two (2) weeks prior to the Requested Delivery Date, you shall be entitled to a full refund of both the Hire Fee and the Security Deposit;
- Less than two (2) weeks’ prior to the Requested Delivery Date, you shall be entitled to a refund of 50% of the Hire Fee and a full refund of the Security Deposit, and the remaining 50% of the Hire Fee shall be retained by Temporarily Yours as compensation for the cancellation of the Agreement (“the Cancellation Fee”).
- You acknowledge and agree that the Cancellation Fee is a reasonable estimate made at the time of entering into the Agreement of the anticipated loss that Temporarily Yours will suffer by reason of the cancellation of the Agreement.
- Temporarily Yours shall be entitled to cancel an Order at any time without cause by providing you with written notice by email. Should Temporarily Yours cancel an Order for any reason other than your breach of this Agreement, Temporarily Yours will refund any Hire Fee and Security Deposit paid by you for any Order pending at the time of cancellation. Temporarily Yours shall otherwise have no liability to you by reason of the cancellation of the Order or at all.
- You agree and warrant that you must:
- Not hire any Accessory on behalf of any other person unless we provide prior written consent;
- Ensure that all personal information, particularly the delivery address, given to Temporarily Yours is complete, accurate and up-to-date at all times;
- Keep all Accessories in your own possession and control throughout the Hire Period;
- Treat the Accessory with a high level of care and avoid any and all Damage to the Accessory;
- Not convert, alter or make any additions to the Accessory (whether temporarily or permanently);
- Remove any item, debris or rubbish from the Accessory before it is returned.
Default and Consequences of Default
- You are liable for any costs incurred by Temporarily Yours in protecting its rights under this Agreement or in recovering any sums owed under the Agreement or by reason of any breach thereof, including all legal costs, on a full indemnity basis.
- Temporarily Yours shall be entitled to interest at the rate of 10% per annum on any sum owed under this Agreement that has not been paid when it is due and payable, or by reason of any breach thereof for the duration that such sum is outstanding.
- Your User Account will include your personal details, which may include but are not limited to: name, age, residential address, credit card details and social media account handles and names (“Personal Information”). Temporarily Yours agrees to handle the Personal Information in accordance with any applicable privacy legislation. You agree that any Personal Information supplied by us may be used by us for direct marketing and promotional purposes, although you may opt out of any direct marketing communications by clicking the relevant link at the footer of any such communication.
- Should any Personal Information in your User Account be inaccurate, incomplete or out of date, Temporarily Yours reserves the right to cancel your Order and shall have no obligations to you under this Agreement.
- When registering your User Account, you agree to supply Temporarily Yours with your Instagram (if applicable) and any other social media handles or usernames in order to allow Temporarily Yours to follow you and re-post images of the relevant Accessory.
- You agree that your Personal Information may be used and retained by Temporarily Yours for the following purposes:
- Fulfilling the Order;
- Processing of any payment; and
- Following and re-posting images of the hired Accessory on various social media platforms.
- You can access or amend your Personal Information, or make an enquiry about the handling of your Personal Information, by emailing Temporarily Yours at firstname.lastname@example.org
- If any clause or part of any clause of this Agreement is invalid, void, illegal or unenforceable, the relevant clause or part of clause will be severed from this Agreement without affecting the validity of the remainder of this Agreement.
- This Agreement shall be governed by the laws of Western Australia and the parties submit to the exclusive jurisdiction of the courts of Western Australia.
- This Agreement constitutes the entire agreement between the parties and shall not be modified unless authorised in writing by Temporarily Yours.