Terms of service

Shana Kamber trading as Zatarra Dress Hire (ABN 27 400 256 154)

Unless otherwise specified, this rental agreement applies to all garments booked for hire temporarily through Zatarra Dress Hire. These Terms of Use constitute a binding legal contract between you and Zatarra Dress Hire AU. This agreement contains all the terms and conditions regarding your hire of products from Zatarra Dress Hire via the website www.zatarradresshire.com.au or in store at our Wetherill Park warehouse. You agree that hire from our business is subject to all our website terms and conditions of use and privacy policy.

 

1.                    Definitions

a) Agreement means this rental agreement and any document annexed to the Agreement.

b) Client means you or any person entering into this Agreement on behalf of and with the authority of the Client.

c) Garment means all items of clothing and apparel owned and supplied for hire by Zatarra.

d) Late Fee means a fee of $50.00 (or as otherwise amended by Zatarra) charged each day after the expiration of the Rental Period.

e) PPSA means the Personal Property Securities Act 2009 (Cth).

f) PPSR means the Personal Properties Security Register.

g) Price means the cost in Australian Dollars as set by Zatarra from time to time for the Service.

h) Privacy Policy means the document comprising of Zatarra’s privacy policy in respect to the personal data and details of the Client.

i) Rental Period means the four (4) day period commencing on and including the date the Garment is collected by the Client.

j) Rental Return Date means the date the Garment is expected to be returned to Zatarra at the expiry of the Rental Period.

k) Service means any services related to Zatarra’s business including but not limited to the hire of the Garment to the Client.

l) Zatarra means Shana Kamber trading as Zatarra Dress Hire ABN 27 400 256 154.

2.          Acceptance

a) Any instructions received from the Client to Zatarra regarding the Service shall constitute acceptance of this Agreement and the Client is legally bound to this Agreement and the terms contained therein. Where more than one client has entered into this Agreement, the Client shall be jointly and severally liable for all payments. 

b) The Client shall give Zatarra not less than fourteen (14) days prior written notice of any proposed change in the Client’s details (including but not limited to, changes in the Client’s address, number etc). The Client shall be liable for any loss incurred by Zatarra as a result of the Client’s failure to comply with this clause.

3.          Price and Payment

a) The Client must pay the Price in full at the time the Client proceeds with the Service. Zatarra reserves the right to change the Price of the Garment at any time. At Zatarra’s sole discretion, a deposit for the Services may be required to be paid by the Client in advance. Payment may be made in cash or by any other method as agreed between Zatarra and the Client.

b) At Zatarra’s sole discretion, the Client may be required to pay a bond which shall be refunded to the Client upon return of the Garment to Zatarra in a condition satisfactory to Zatarra.

c) By entering into this Agreement, the Client agrees to provide Zatarra with the client’s personal information including a copy of the Client’s driver’s licence, credit or debit card details or bank account details. The Client acknowledges that he or she is authorised to use the card provided and notwithstanding any clause in this Agreement, the Client authorises Zatarra to charge the supplied card for any additional payments (including damages or Late Fees etc) pursuant to this Agreement.

d) Any personal details including credit and/or debit card details supplied by the Client in accordance with this Agreement will be retained by Zatarra in accordance with the Privacy Policy.

e) The Client agrees that the credit and/or debit card details supplied may be charged for any additional payments (including damages or Late Fees etc) pursuant to this Agreement. At client’s request, Zatarra agrees to erase and appropriately discard the Client’s credit and/or debit card details (so that the details are rendered unreadable) subject to the following:

i. The Client returning the Garment to Zatarra in a satisfactory condition; and

ii. The full payment of the amounts owed to Zatarra by the Client pursuant to this agreement.

f) If a payment authorised under this Agreement is not made by the Client or payment is rejected, the Client agrees that any amount outstanding will become due and payable. Zatarra reserves the right to take all reasonable steps necessary to recover the balance of any outstanding amounts owing by the Client under this Agreement. Notwithstanding any other clause of this Agreement, the Client will irrevocably indemnify Zatarra and forever keep Zatarra indemnified in respect of any costs incurred by Zatarra to recover any outstanding balances owed by the Client.

g) GST (Goods and Services Tax), if applicable, will be paid by the Client in addition to the Price. The Price includes the cost of professional cleaning of the Garment once the Garment is returned by the Client.

4.          Rental Period and Late Fees

a) The Rental Period commences on the date the Client collects the Garment from Zatarra and shall continue until the Rental Return Date.

b) The Garment must be returned to Zatarra in person. If the Garment is returned by Australia Post or Courier services, the Client is responsible for all delivery costs and is liable and responsible for all costs if the Garment is lost and/or damaged.

c) If the Rental Return Date falls on a public holiday or a day that Zatarra’s boutique is not open for trade, the Garment must be returned on the next business day, unless otherwise advised by Zatarra. If the Client is unable to return the Garment on the Rental Return Date, the Client must inform Zatarra by writing as soon as possible and advise Zatarra of the reason for the delay. The Client may still be liable for the Late Fee and Zatarra reserves all rights.

d) Where the Garment has not been returned to Zatarra by the Rental Return Date and the Client has not informed Zatarra in writing, Zatarra may charge the Client the Late Fee every day the Garment is not returned.

e) The Client acknowledges that the Late Fee may be charged to the credit card which was supplied by the Client to Zatarra at the time the Client proceeded with the Service. If the Garment has not been returned by the Client within seven (7) days of the Rental Return Date, the Client irrevocably authorises Zatarra to charge the Client’s credit card with the Late Fee, plus an amount equivalent to the Garment’s recommended retail price and plus any associated costs or expenses incurred by Zatarra. 

5.          Title to property and Risk

a) The Garments will remain the absolute property of Zatarra at all times and Zatarra reserves the right to retrieve, reposess and take possession of the Garments at any time and by any means if required. Notwithstanding any other clause in this Agreement, risk and liability for the Garments passes to the Client from the date the Garment is collected by the Client until the Garment is returned to Zatarra. For the purposes of the PPSA, the Client warrants that Zatarra retains full title to the Garments and no title to the Garments will pass to the Client. The Client must not create or grant any security interest or encumbrance on the PPSR over any of the Garments.

6.          Cancellations and Refund Policy

a) Zatarra does not accept returns or provide refunds for change of mind. If the Client wishes to cancel the Service, the Client must immediately inform Zatarra in writing and provide a reason for the cancellation. The Client is not entitled to a refund of the Price or a credit note if the Client cancels the Service for any reason. Zatarra may only issue credit notes at its own discretion. Applications by the Client for a credit note may be assessed on a case by case basis.

b) The Client confirms the Service is final once the Price has been paid. The Client cannot alter the Service or exchange the Garment for another selection. The Client acknowledges that Garments are subject to availability and Zatarra makes no guarantees that the Garments will be available.

c) Zatarra may cancel the Client’s Service in the event the Garment is damaged or no longer available for any reason. If the Service is cancelled by Zatarra pursuant to this clause, the Client may be entitled to a refund of the Price.

d) All Garments are regularly inspected by Zatarra prior to the Client booking a Service.  If the Client shall inspect an alleged defect in the Garment, the Client must immediately take images of the alleged defect and report this to Zatarra within two (2) hours of inspecting the alleged defect. If the Garment is deemed defective by Zatarra upon proper inspection, Zatarra will endeavour to provide the Client with a reasonable alternative, subject to Garment sizes and availability.

7.          Credit Notes

a) Once a Service has been confirmed by the Client using a credit note that was issued pursuant to this Agreement, the Service is final and the Garment selected cannot be exchanged.

b) If required, the Client acknowledges that a payment in addition to the balance of the credit note may be required to satisfy the Price of the Service and any fees that may be charged in accordance with this Agreement.

8.          Client’s Responsibilities 

a) The Client must:

i) Immediately notify Zatarra of any damage caused to the Garment during the Rental Period and must take photographic evidence of same; and

ii) Deliver the Garment to Zatarra in good order as received from Zatarra, having regard to reasonable wear; and

iii) Keep the Garment in the Client’s own possession and control. The Client must not under any circumstance provide the Garment to any other person or third party without Zatarra’s prior written consent, which may be refused at Zatarra’s sole discretion. Risk and liability for the Garment shall remain with the Client and the Client will be responsible for all payments, costs and charges with the Service; and

iv) Not clean, wash, dry clean, alter or make any additions or changes whatsoever to the Garment or interfere with the Garment in any way. 

9.          Damage to the Garment 

a) The Client acknowledges that not all Garments are brand new and the Garments may be subject to wear and tear.

b) If the Client believes the Garment is damaged for any reason, the Client must immediately inform Zatarra so Zatarra may investigate the cause of the damage.

c) The Client will be responsible and liable for any defect or damage caused to the Garment during the Rental Period if the Client has misused the Garment, has not properly maintained the Garment or if the Garment is used by the Client after a defect has become apparent. The Client will also be responsible for any damage caused to the Garment as a result of the Client attempting to wash or clean the Garment in any way.

d) The Client will be responsible for all costs associated with repairing or replacing the Garment and authorises Zatarra to charge the Client’s credit card supplied for all associated and reasonable costs incurred by Zatarra pursuant to this clause. 

10.     Default

a) Any costs owing by the Client pursuant to this Agreement are due and payable to Zatarra immediately.

b) Notwithstanding any other clause of this Agreement, the Client shall indemnify Zatarra against any and all costs incurred by Zatarra in recovering any debt due and payable including, but not limited to, internal administration fees, Late Fees, legal costs on an indemnity basis, collection agency costs and bank dishonour fees, for example.

c) Zatarra will not be liable to the Client for any loss and damage suffered by the Client because Zatarra has exercised its rights under this clause. 

11.     Security and Charge

a) In consideration of Zatarra agreeing to supply the Garment, the Client hereby charges all of the Client’s rights, title and interest (whether jointly or severally owned) in any land or other asset capable of being charged that is owned by the Client either now or in the future for the purposes of securing the Client’s performance of any obligations, including but not limited to payment of any money, under this Agreement.

b) The Client indemnifies Zatarra from any and all costs associated with Zatarra exercising its rights under this clause. The Client irrevocably appoints Zatarra as the Client’s true lawful attorney to perform all necessary acts to give effect to the provisions of this clause.

12.     Australian Consumer Law

a) The Garments come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this Agreement purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws.

b) To the maximum extent permitted by Law, Zatarra will not be liable for indirect, consequential, special punitive or exemplary damages including but not limited to loss of profits, loss of business, loss by reason of delay, whether arising in negligence, from breach of contract or otherwise in connection with this Agreement or the Garment. To the maximum extent permitted by law, Zatarra limits its liability for breach of this Agreement in relation to any Service to the Price. 

13.     Intellectual Property

a) The Client agrees that Zatarra’s social media or other online platform and the contents contained therein may represent or contain intellectual property owned by Zatarra, including trademarks, copyrights and proprietary information. The Client shall not use same for any purposes whatsoever without the prior written approval of Zatarra.

b) The Client must not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of Zatarra’s intellectual property, in whole or in part, without prior written consent.

14.     Privacy

a) The Client acknowledges that it has read and understood the Privacy Policy and agrees to be bound by it. Any information provided by the Client to Zatarra may only be used and handled by Zatarra pursuant to the terms of this Agreement and the Privacy Policy including, but not limited to, for the purposes of enforcing Zatarra’s rights under this Agreement to recover any costs or repossess the Garment for example. The Client agrees that Zatarra may obtain a credit report containing personal credit information about the Client from a credit reporting agency.

b) The Client agrees that the Client’s information may be exchanged with any credit reporting agency for the following purposes:

i. To assess an application by the Client and/or notify other credit providers of a default by the Client;

ii. To exchange information with other credit providers as to the status of the Client’s credit account, if any, where the Client is in default with other credit providers; or

iii. To assess the Client’s creditworthiness.

c) The Client agrees that personal credit information may be used and retained by Zatarra for the following purposes (and for other purposes as agreed or as required by law from time to time):

i. The provision of the Service to the Client;

ii. Analysing or verifying the Client’s credit, payment and/or status in relation to the provision of the Service;

iii. Processing any payment on instructions or according to an authorisation or direct debit facility permitted under this Agreement;

iv. Enabling the daily operation of the Client’s account and/or collection of any amounts outstanding by the Client in relation to the Service.

15.     Suspension and Termination

a) Without prejudice to any other right or remedy available to Zatarra, if Zatarra considers the Client has breached this Agreement or Zatarra otherwise considers it appropriate, Zatarra may immediately and without notice, suspend or terminate this Agreement, or any part of it and recover the Garments and any outstanding balance owed to Zatarra.

16.     General

a) This Agreement and any document annexed form the entire agreement on which Zatarra is willing to trade with the Client. This Agreement replaces all previous agreements between Zatarra and the Client. Zatarra reserves the right to alter the terms of this Agreement at any time.

b) This Agreement and any dispute relating to its terms are governed by and must be interpreted in accordance with the laws of the state of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales in relation to any dispute connected with the terms of this Agreement.

c) Any waiver or amendment to the terms of this Agreement must be in writing and signed by the parties. 

 

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