1.    Definitions & Interpretation

1.1     Unless the context otherwise requires:

• Apparel means all clothing apparel (including any fashion accessories), dresses, garments, outerwear, headwear and accessories supplied for hire and sale by Ja’dore La Robe to the Hirer (and where the context so permits shall include any incidental supply of services). The Apparel shall be described on any invoices or other documentation provided by Ja’dore La Robe to the Hirer.
• Bond (also known as Security) means the amount detailed in Item 6 of the Schedule and clause 6.
• CCA means the Competition and Consumer Act 2010 (Cth).
• Content means any data, text, images, photos, social media posts, files, links, software, chat, communication or other materials, including but not limited to videos and reviews.
• Damage Cover Product means an additional product you may purchase with the Hire at extra cost to reduce your liability pursuant to clause 15 as to any damage that may be sustained to the Apparel during the Hire Period to the value as set out in Item 7 of the Schedule;
• Deposit means the amount as set out in Item 5 of the Schedule.

Good Repair Condition means a reasonable condition and working order, free from major damage (including chemical or water damage), tears, rips, stains, markings, alterations that are beyond repair and does not require extensive cleaning beyond standard dry cleaning.

• GST has the meaning given to it in Section 195-1 of A New Tax System (Goods & Services Tax) Act 1999.
• Hire means the provision of the Apparel for hire to the Hirer for the Hire Period.
• Hirer means the Hirer or any person acting on behalf of and with the authority of the Hirer (also referred to as the “client”, “customer”, “you” or “your”).
• Hire Period means the period set out in Item 2 of Schedule 1, setting out the date of commencement of the Hire and the date the Hire period end. and includes all days of the week, including weekdays, weekends and public holidays;
• Hire Price (“price”) means the cost of the hire of the Apparel (including where applicable any delivery charges) as agreed between Ja’dore La Robe and the Hirer subject to clause 4 of these Terms and as detailed at Item 4 of the Schedule.
• Hire Return Due Date means the date the Apparel is due back at Ja’dore La Robe’s warehouse, with time being of the essence. If the Apparel is being posted by way of return the Hire Return Due Date is extended for a period of 48 hours if noted in item 2.
• Ja’dore La Robe means Ja’dore La Robe Pty Ltd (ACN 650 399 330), its successors and assigns or any person acting on behalf of and with authority of Ja’dore La Robe Pty Ltd (ACN 650 399 330).
• PPSA means Personal Property Securities Act 2009.
• Site means the Ja’dore La Robe website located at jadorelarobe.com.au.
• Services means online and in-store services including provision for hire of Apparel (including any fashion accessories and jewellery) rental services and the sale of new and pre-loved Apparel. This extends to all services and products in-store and on the Site (including the content of the Site) and any obligations arising hereunder whether expressed or implied to enable Ja’dore La Robe to undertake the services.
• Social Media means Facebook, Instagram, Tik Tok, public and private forums and groups and any other websites and applications that enable users to create and share content or to participate in social networking.
• Supplementary Products means all beauty, wellness and home products in-store and on the Site, including but not limited to candles, bath salts, fragrance diffusers, cosmetic facemasks and products that are available in-store and on the Site.
• Terms means these terms and conditions as set out herein.

1.2     Interpretation

• If there is more than one Hirer, then Hirer means each of the Hirers jointly and severally;
• Reference to:
  • one gender includes the others
  • the singular includes the plural and the plural includes the singular;
  • a person includes a body corporate;
  • a party includes the party’s executors, administrators, successors and permitted assigns;
  • a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:

(1)     that Statutory Provision as amended or re-enacted from time to time; and

(2)     a statute, regulation or provision enacted in replacement of that Statutory Provision; and

• money is to Australian dollars, unless otherwise stated.
• “including” and similar expressions are not words of limitation.

• Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
• Headings and the table of contents are for convenience only and do not form part of these Terms or affect its interpretation.
• A provision of these Terms must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of these Terms or the inclusion of the provision in it.
• If an act must be done on a specified day which is not a business day, the act must be done instead on the next business day.

1.3     Headings

In these Terms, headings are for convenience of reference only and do not affect the interpretation.

2.       Hire of Equipment

2.1     Ja’dore La Robe agrees with the Hirer to hire the Apparel on a Hire basis for the Hire Period and the Hirer agrees to accept the Apparel on hire for the Hire Period and to pay the Hire Price together with any applicable GST subject to the terms and conditions of this Agreeemnt.

2.2     The Hirer is authorised to use the Apparel for the Hire Period and for any agreed extension of the Hire Period. The Hirer agrees to return the Apparel to Ja’dore La Robe at the end of the Hire Period in a Good Repair Condition.

2.3     The Hire Period commences and ends on the dates stated in Item 2 of Schedule 1.

2.4     Risk in the Apparel passes to the Hirer at either:

• collection of the Apparel by the Hirer; or
• delivery of the Apparel to the Hirer.

3.       Acceptance

3.1     Acceptance of the Terms contained within this Agreement is constituted by:

• the Hirer executing this Agreement; or
• accepting the terms and conditions via the Site online by clicking Accept.

3.2     Where more than one Hirer has entered into these Terms, the Hirers shall be jointly and severally liable for all payments of the Hire Price.

3.3     Upon acceptance of the these Terms by the Hirer, the Terms are legally binding and irrevocable and can only be amended with the written consent of Ja’dore La Robe.

3.4     The Hirer shall give Ja’dore La Robe not less than two (2) days prior written notice of any proposed change in the Hirer’s details including, but not limited to changes in delivery address, contact details or business practice. The Hirer shall be liable for any loss incurred by Ja’dore La Robe as a result of the Hirer’s failure to comply with this clause 3.

3.5     The Apparel is supplied by Ja’dore La Robe in accordance with the terms contained in these Terms to the exclusion of anything to the contrary in terms of the Hirer’s order, notwtistanding that any such order is in place on terms that purport to override these Terms.

4.       Payment of the Hire Price

4.1     The Hirer agrees to pay the amount of the Hire Price for the Apparel for the Hire Period in advance, together with any applicable GST, by way of the following methods:

• Payment by credit card (only AMEX, Mastercard and Visa accepted); or
• By electronic funds transfer (EFT). In the event an invoice is issued for payment for any reason, then payment must be received by Ja’dore La Robe in cleared funds prior to the delivery of the Apparel; or
• By any other method as agreed between Ja’dore La Robe and the Hirer.

4.2     Payment made in any form (other than cash) shall not be deemed to be payment until it has been honoured, cleared or recognised with Ja’dore La Robe’s or its banking institution.

4.3     Payment of the Hire Price is to be made upfront and prior to the delivery of the Apparel, whether by Hire or purchase.

4.4     Any GST and other taxes and duties that may be applicable shall be added to the Hire Price, except where they are expressly included in the Hire Price. The Hirer agrees to pay any other amounts that may be payable including any duties, levies, fees, outgoings, demands, charges or costs imposed or in connection with these Terms or the Hirer’s hiring of the Apparel.

4.5     The Hire Price shall be Ja’dore La Robe’s current Hire Price, at the date of delivery of the Apparel, according to Ja’dore La Robe’s current Hire Price as detailed on Ja’dore La Robe’s website.

4.6     Ja’dore La Robe reserves the right to change or vary the Hire Price in the event of a variation to the Hirer’s requirements.

5.       Deposit

5.1     A Deposit may be required, where:

(a)     The Hirer requests to Hire Apparel exceeding a total Hire Price of $350.00;

(b)     The Hirer requests to Hire Apparel for a Hire Period exceeding eight (8) days;

(c)      The Hirer requests to secure Hire of Apparel in advance of more thansix (6) months prior to the Hire Period.

5.2     A Deposit may be paid by way of the following methods:

• Payment by credit card (only AMEX, Mastercard and Visa accepted); or
• By electronic funds transfer (EFT). In the event an invoice is issued for payment for any reason, then payment must be received by Ja’dore La Robe in cleared funds prior to the reservation or delivery of the Apparel; or
• By any other method as agreed between Ja’dore La Robe and the Hirer.

5.3     Any outstanding balance of the Hire Price (including relevant Bond) less the Deposit is to be paid in accordance with clause 4 prior to the Hire Period.

6.       Bond

6.1     A Bond is required upon payment of the Hire Price for the the amount detailed at Item 6 of the Schedule being a security payment to ensure the return of the Apparal and or return in Good Repair Condition. .

6.2     Upon Acceptance of these Terms and upon booking of the Apparel, the Hirer must provide either in cash or by way of an acceptable credit card or debit card (only AMEX, Mastercard and Visa accepted) as security for the hire of the Apparal. Ja’dore La Robe may pre-authorise payment of the Bond, less any prepaid amounts (if any).

6.3     If a Bond has been prepaid to Ja’dore La Robe, it is fully refundable to the Hirer, provided that at the end of the Hire Period:

(a)     All payments due to Ja’dore La Robe for the Hire has been paid;

(b)     The Apparel has been returned to Ja’dore La Robe by the Hire Return Due Date;

(c)      The Apparel is in Good Repair Condition; and

(d)     There has been no breach of the Agreement.

6.4     Ja’dore La Robe reserves the right to retain all or part of the Bond if there is a breach of these Terms.

6.5     At the end of the Hire Period, Ja’dore La Robe reserves the right and the Hirer agrees for Ja’dore La Robe to charge the Hirer’s credit or debit card for payment of all reasonable amounts that cannot be recovered fully by the Bond and payable under clauses:

(a)     Clause 4 – Payment of Hire Price;

(b)     Clause 7 – Hire Period and Late Fees;

(c)      Clause 14 – End of Hire Period;

(d)     Clause 15 – Risk and Insurance;

(e)     Clause 16 – Hirer’s Default and Consequence of Default.

7.       Hire Period and Late Fees

7.1     The Hire Period shall commence from the Commencement Date set out in Item 2 or if delayed by agreement from when the Hirer (or a third party nominated by the Hirer) collects or receives the Apparal. and shall continue until the Hire Return Due Date.

7.2     Where Apparel has not been returned to Ja’dore La Robe by the Hire Return Due Date, then Ja’dore La Robe shall be entitled to charge additional hire fees until the Apparel is returned to Ja’dore La Robe and the Hirer expressly authorises Ja’dore La Robe to deduct such additional hire fees from the Hirer’s credit card or from the Bond, which was provided at the time of placement of the Hirer’s order. Such additional charges shall be charged as follows:

(a)     Daily rate of the Hire Price (calculated as the Hire Price divided by the Hire Period) for each day overdue; and

(b)     An additional fixed fee of $50.00 for each day overdue.

7.3     If the Hirer pays Ja’dore La Robe an amount equal to 150% of the recommended retail value in late fees and the Hirer still has the Apparel in their possession, the Apparel is the Hirer’s to keep.

7.4     If the Hirer has not returned the Apparel within 15 days after the return date, Ja’dore La Robe will consider the Apparel as non-returned and will charge the Hirer’s credit card for 150% of the recommended retail value determined at Ja’dore La Robe sole discretion, acting reasonably.

8.       Delivery of the Apparel

8.1     At Ja’dore La Robe’s sole discretion, delivery of the Apparel shall be deemed to have taken place when the Apparel is either collected by the Hirer from Ja’dore La Robe’s Head Office or the date the Apparal is sent to the Hirer’s nominated delivery address

8.2     The fastest shipping method is automatically applied at checkout to ensure the Apparel is with the Hirer within business hours on the Hirer’s requested commencement date.

8.3     If the Apparal is being courier to the Hirer, delivery of the Apparel shall be deemed to have been effected from the time the courier attempted first delivery to the Hirers  nominated delivery address or time of the Hirers selected delivery date on the booking form, whichever comes first.

8.4     All item(s) are shipped Australia wide via Express Post and/or a courier service. The total Hire Price excludes the delivery cost and the return cost to Ja’dore La Robe (in a pre-paid satchel).

8.5     Standard delivery method is Express Delivery service, operated by Australia Post. Express Delivery is a guaranteed next business day delivery within the Express Post network only. The Hirer is to refer to Australia Post’s Terms and Conditions for further information.

8.6     If the Hirer’s location is outside of the Express Post network, it will take more than one to two business days. Ja’dore La Robe has no control over delivery times and it is the Hirer’s responsibility to notify Ja’dore La Robe at the time of the booking that they may require Ja’dore La Robe to post their item(s) early to make sure they receive it on their selected commencement date.

8.7     The Hirer hereby releases and indemnifies Ja’dore La Robe from any claim for loss or damage incurred by the Hirer as a result of any delays in delivery of the Apparel.

8.8     Ja’dore La Robe may change delivery fees at its sole discretion.

8.9     The Hirer shall make all arrangements necessary to take delivery of the Apparel whenever tendered for delivery. In the event that the Hirer is unable to take delivery of the Apparel at the nominated delivery address and for any reason Ja’dore La Robe is required to redeliver the Apparel, then Ja’dore La Robe shall be entitled to charge a reasonable fee for the redelivery. If redelivery is required pursuant to this clause and the Apparel does not arrive by the requested date and time by the Hirer, Ja’dore La Robe will not be liable for any loss or damage incurred by the Hirer as a result. No refunds or credit notes will be provided as a result of redelivery.

8.10   Any delivery time or date given by Ja’dore La Robe to the Hirer is an estimate only. The Hirer must still accept delivery of the Apparel even if late and Ja’dore La Robe will not be liable for any loss or damage incurred by the Hirer as a result of the delivery being late.

8.11   The Hirer may select the option to pick up and/or drop off the item(s) at Ja’dore La Robe’s Head Office as their preferred delivery and return method as follows. Any pick up of Apparel and/or return of Apparel must be arranged:

(a)     during the store’s operating hours;

(b)     during the Hirer’s Hire Period only.

8.12   If the Hirer’s return date falls on a day that Ja’dore La Robe’s store is close (Sunday and Public Holidays), the next business day will be the required return date.

8.13   Ja’dore La Robe does not take responsibility for orders where an incorrect or ineligible address has been provided by the Hirer. If the Hirer has supplied an incorrect address, the Hirer will not be entitled to a refund in part or full, and the Hirer may be liable to pay any late fees or a replacement fee if the Apparel is not returned to Ja’dore La Robe. If the Hirer had supplied an address that has a redirection service set up and the Apparel is not delivered in time the Hirer will not be entitled to a refund.

8.14   All Delivery information including costs and estimated times are located at www.jadorelarobe.com.au/

9.       Title to  Apparel

9.1     The Hirer agrees and acknowledges that:

(a)     all Apparel is and will at all times remain the absolute property of Ja’dore La Robe; and

(b)     it must not without Ja’dore La Robe’s prior written consent agree, attempt, offer or purport to sell, assign, sublet, lend, let on hire, or otherwise part with or attempt to part with or otherwise deal with, the Apparel;

(c)      it will not alter or make any alteration or addition to the Apparel; and

(d)     it will only use the Apparel for the use and purpose intended for the Apparel.

9.2     The Hirer does not have any right, option or entitlement to purchase the Apparel and acknowledges that no representation to that effect, express or implied, written or oral, has been made by or on behalf of Ja’dore La Robe to the Hirer or any nominee of Ja’dore La Robe at any time unless agreed to in wiritng by Ja’dore La Robe.

9.3     If the Hirer fails to return the Apparel to Ja’dore La Robe, then Ja’dore La Robe or Ja’dore La Robe’s agent may (as invitee of the Hirer) enter upon and into land and premises owner, occupied or used by the Hirer, or any premises where the Apparel is situated and take possession of the Apparel.

10.     The CCA and Fair Trading Acts (“FTA”)

10.1   Nothing in these Terms is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the applicable States and Territories of Australia, including any substitute to those Acts or re-enactment thereof, except to the extent permitted by those Acts where applicable.

10.2   Where the Hirer hires Apparel or purchases Apparel or Supplementary Products as a consumer, these Terms shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.

11.     Defects, Warranties and Returns

11.1   Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

11.2   The Hirer shall inspect the Apparel on delivery and shall within two (2) hours of receipt of the Apparel notify Ja’dore La Robe (by phone or email) of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.

11.3   The Hirer must notify any other alleged defect in the Apparel as soon as reasonably possible after any such defect becomes evident. Upon such notification, the Hirer must allow Ja’dore La Robe to inspect the Apparel.

11.4   If the Apparel does not fit and the Hirer has contacted Ja’dore La Robe within two (2) hours, Ja’dore La Robe will endeavour to send an alternative style or size, subject to availability and courier service availability or if time permits, will invite you to select an alternative option stocked by Ja’dore La Robe. In this instance the Apparel must be returned unworn and any security tag(s) still attached within 24 hours to be entitled to an alternative style or size before the Hirer’s event.

11.5   The Hirer will be required to pay any additional shipping charges incurred, if the Hirer requests an alternative size or style be delivered to them. Please note an alternative item cannot be dispatched until the Hirer provides proof/receipt of lodgement at a post office counter or can return the to the Ja’dore La Robe Head Office.

11.6   If for any reason, the above option for exchange cannot be arranged before the Hirer’s commencement date, the Hirer will not be entitled to a refund. Ja’dore La Robe will provide a credit note to the Hirer, minus shipping costs.

11.7   Under applicable State, Territory and Commonwealth Law (including, without limitation, the CCA) certain statutory implied guarantees and warranties (including, without limitation, the statutory guarantees under the CCA) may be implied into these Terms (“Non-Excluded Guarantee”).

11.8   Ja’dore La Robe acknowledges that nothing in this these Terms purports to modify or exclude the Non-Excluded Guarantees.

11.9   Except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees, Ja’dore La Robe makes no warranties or other representations in these Terms including, but not limited to the quality or suitability of the Apparel. Ja’dore La Robe’s liability in respect of these warranties is limited to the fullest extent permitted by law.

11.10 Ja’dore La Robe disclaims all and any warranties, not required by law, whether express or implied including but not limited to warranties as to merchantability, suitability, or condition of the Apparel for a particular purpose.

11.11 If the Hirer is a consumer within the meaning of the CCA, Ja’dore La Robe’s liability is limited to the extent permitted by section 64A of Schedule 2 of the CCA.

11.12 If Ja’dore La Robe is required to replace the Apparel under this clause or the CCA, but is unable to do so, Ja’dore La Robe may refund the Hire Price or any part thereof that the Hirer has paid for the Apparel.

11.13 Subject to this clause 11.12 returns will only be accepted provided that:

(a)     Ja’dore La Robe has agreed that the Apparel is defective; and

(b)     The Apparel are returned within a reasonable time at the Hirer’s cost,;

(c)      The Apparel is returned in as close a condition to that in which they were delivered as is possible.

11.14 Subject to the CCA, Ja’dore La Robe shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a)     The Hirer ordering the wrong size, colour or design;

(b)     The Hirer failing to properly maintain or store any Apparel;

(c)      The Hirer continuing to use any of the Apparel after any defect became apparent or should have become apparent to a reasonably prudent Hirer;

(d)     Fair wear and tear, any accident, or act of God.

11.15 For any Apparel or Supplementary Products purchased:

(a)     you may return or exchange full priced item(s) within 7 days from receipt of the item(s). Returns or exchanges will only be accepted with proof of purchase. Item(s) outside of the 7 day period will not be accepted. Due to health and hygiene regulations, returns of shapewearfashion solutions and/or jewellery are not permitted;

(b)     refunds are not provided for return of Apparel or Supplementary Products due to change of mind, misuse of the Apparel and/or Supplementary Products or for faults or damage acknowledged and accepted at the time of purchase;

(c)      any item(s) pursuant to this clause must be in original condition, including tags, and must have not been worn, altered or washed. All packaging shipped with your order must be returned. Any item(s) with tags removed are no longer returnable. We recommend trying on all purchased item(s) as soon as they are received, to ensure adequate time to return items within our returns timeframe;

(d)     clearance sale item(s) are final and cannot be returned or exchanged. The purchaser accepts and acknowledges that Ja’dore La Robe is a rental business and their Apparel has been pre-worn and there may be small areas of wear and tear on the Item(s), and you will not be entitled to a refund, exchange or credit note for this minor scale of damage or fault. You have the right to request photos before shipping of the purchased item(s) or inspect in person at our Head Office (if available).

(e)     the costs of exchanges and returns are at the purchaser’s expense and must be returned back to Ja’dore La Robe with Australia Post as the nominated postal service. The tracking number is to be immediately emailed to [email protected] so Ja’dore La Robe can keep track of the item(s) arrival.

11.16 Item(s) to be returned and exchanged are to be sent to the Ja’dore La Robe Head Office. Ja’dore La Robe is not liable if the return is not received to the following address:

Ja’dore La Robe

3/82 Charles Street

Putney NSW 2112

11.17 If any return Apparel or Supplementary Products goes missing, the Hirer will be required to provide a proof of delivery at Ja’dore La Robe Head Office noted above and a scanned image of the signature obtained upon delivery. If the Hirer cannot provide this information, Ja’dore La Robe will not be held accountable for any missing parcels.

11.18 Where the Hirer cannot provide the information required as at clause 11.16, the Hirer will be liable for all and any loss or damage sustained as a result of any missing parcels, including replacement of any Hire Apparel. Ja’dore La Robe reserves its rights to charge the Hirer’s credit card and/or deduct from the Bond, any amount due as a result of missing Apparel under clauses 11.16 and 11.17.

12.     Hirer’s Obligations

During the Hire Period, the Hirer will:

(a)     Immediately notify and report any damage to, or loss of, the Apparel to Ja’dore La Robe immediately as such damage or loss occurs;

(b)     be responsible for the safe keeping of the Apparel, and indemnify Ja’dore La Robe for any loss or damage to it by whoever and howsoever caused;

(c)      not clean, wash, dry clean, alter or make any additions to the Apparel or in any other manner interfere with the Apparel;

(d)     not allow or authorise the use of the Apparel by any other entity or person;

(e)     not re-hire the Apparel;

(f)      not at any time to give up, or lose possession or control of the Apparel;

(g)     ensure that the Apparel is not damaged or lost;

(h)     notify Ja’dore La Robe in the event any of the Apparel is stolen.

13.     Hire Cancellation and Refund Policy

13.1   If the Hirer wishes to cancel the Hire (within a reasonable time and reason), an email must be submitted to [email protected]  as soon as possible and prior to dispatch of the Apparel and no later than 48 hours prior to the commencement of the Hire Period. Upon cancellation of a Hire within the notice period, the Hirer will be issued with a credit note only. If notice is provided less than 48 hours prior to the commencement of the Hire Period the Hirer will only be entitled to a 50% credit note.

13.2   One credit note only can be applied per order. Orders placed using credit notes are final and cannot be refunded or exchanged for another credit note.

13.3   Once the Apparel has been dispatched from Ja’dore La Robe’s premises, any request for cancellation will not be accepted and the Hirer will not be entitled to a refund or credit note.

13.4   All Apparel which is to be returned because of incorrect sizing or because the Hirer has changed their mind must be sent back to Ja’dore La Robe within twenty-four (24) hours of signing for the delivery (unworn with tags still intact).

13.5   A refund request must be submitted within 24 hours of delivery. Any refund requests submitted after 24 hours are not eligible for a refund. Once Ja’dore La Robe has received the unworn, tagged Apparel back at the warehouse, Ja’dore La Robe will issue the Hirer a with a credit note or exchange equal to the Hire Price, less the shipping costs.

13.6   Ja’dore La Robe may cancel the delivery of Apparel at any time before the Apparel is delivered by giving written notice. On giving such notice, Ja’dore La Robe shall issue a credit note to the Hirer any sums paid in respect of the Hire Price less delivery costs. Ja’dore La Robe shall not be liable for any loss or damage howsoever arising from such cancellation.

14.     End of Hire Period

14.1   At the end of the Hire Period the Hirer must ensure the Apparel is returned to Ja’dore La Robe at the end of the Hire Period in a Good Repair Condition.

14.2   If at the end of the Hire Period any of the Apparel is lost, stolen or damaged beyond repair, whether or not such loss, theft or damage is attributable to any negligence, failure, or omission of the Hirer, then the Hirer will be liable for the cost of a replacement of the Apparal.

14.3   In assessing the replaceable value, Ja’dore La Robe will take into account, the demand of that Apparel in the market, the availability to purchase that Apparel in the market, the condition of the Apparel and the rental fee that the Hirer has already made.

14.4   If any amounts become due under clause 14.3 to Ja’dore La Robe by the Hirer, then such amounts are a deemed liquidated debt due and owing by the Hirer to Ja’dore La Robe. Ja’dore La Robe may then forfeit any Bond and any balance thereafter must be paid upon demand by the Hirer.

15.     Risk and Insurance

15.1   Ja’dore La Robe retains property in the Apparel nonetheless all risk for the Apparel passes to the Hirer on delivery.

15.2   The Hirer accepts full responsibility for the safekeeping of the Apparel.

15.3   Ja’dore La Robe offers free damage insurance to the value of $50.00 to cover minor damage or staining. For minor damage and/or staining, if Ja’dore La Robe assesses (at its sole discretion) that the cost of repairs will be over $50.00, then:

(a)     If the Hirer has Damage Cover Product, then Ja’dore La Robe is to cover the repairs of the Apparel; or

(b)     Ja’dore La Robe will be entitled to deduct the costs of any damages from the Bond provided by the Hirer, with any balance thereafter due and payable on demand by the Hirer; or

(c)      The Hirer is to pay all outstanding repair costs as requested by Ja’dore La Robe as a debt due and payable.

15.4   The Hirer has the option at the commencement of the Hire Period to purchase Damage Cover Product, providing an additional insurance to cover any damage or staining in excess of the free damage insurance at clause 15.3.

15.5   In the event the Apparel is permanently damages, stolen or lost during the Hire Period and whilst in the safekeeping of the Hirer, the Hirer agrees:

(a)     Advise of how the damage may have occurred; or

(b)      to report any stolen Apparel to Police immediately after the theft is discovered; and

(c)      to supply Ja’dore La Robe with copies of any Police reports and information concerning any stolen Apparel.

15.6   To prevent the potential use of fraudulent credit cards (or other payment types), Ja’dore La Robe withholds the right to request proof of identity for orders it deems high value. Orders containing three or more Apparel may be subject to this request. Where fraudulent activity is suspected, Ja’dore La Robe follows internal verification methods to ensure that the order is valid. If Ja’dore La Robe cannot confirm this, the order may be cancelled and the Hirer will be notified by email.

16.     Hirer’s Default and Consequence of Default

16.1   If the Hirer owes Ja’dore La Robe any money, the Hirer shall indemnify Ja’dore La Robe from and against all costs and disbursements incurred by Ja’dore La Robe in recovering the debt including, but not limited to all administration fees, legal costs, collection agency costs and bank dishonour fees.

16.2   Without prejudice to Ja’dore La Robe’s other remedies at law, Ja’dore La Robe shall be entitled to cancel all or any part of any order of the Hirer which remains unperformed in addition to and without prejudice to any other remedies Ja’dore La Robe may have and all amounts owing to Ja’dore La Robe shall, whether or not due for payment, become immediately payable in the event:

(a)     Any money payable to Ja’dore La Robe becomes overdue or in Ja’dore La Robe’s opinion or knowledge, the Hirer will be unable to meet its payments as they fall due; or

(b)     The Hirer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors or makes an assignment for the benefit of its creditors; or

(c)      A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Hirer or any asset of the Hirer.

16.3   The indemnity provided for in this clause 16. is a continuing indemnity and does not merge upon completion of the Hire Period. The indemnity continues indefinitely as a separate independent obligation of the Hirer.

17.     Termination

17.1   Without prejudice to any other remedies Ja’dore La Robe may have, if at any time the Hirer is in breach of any obligation of these Terms and Conditions, Ja’dore La Robe may:

(a)     repossess the Apparel as per clause 9.3; and/or

(b)     suspend or terminate the supply of the Apparel to the Hirer and any of its other obligations under these Terms.

17.2   Ja’dore La Robe reserves the right to retain all or part of the Bond if its rights are exercised under clause 17.1.

17.3   Ja’dore La Robe will not be liable to the Hirer for any loss or damage the Hirer suffers because Ja’dore La Robe has exercised its rights under this clause.

17.4   If Ja’dore La Robe terminates this agreement , the Hirer must return the Apparel immediately to Ja’dore La Robe or as Ja’dore La Robe directs.

18.     Release and Indemnity

18.1   The Hirer agrees to release Ja’dore La Robe and indemnify Ja’dore La Robe fully and effectively against any action, liability, cost, claim, loss, damage, proceeding, expense (including without limitation, legal costs), suffered or incurred by Ja’dore La Robe arising from or which is directly or indirectly related to:

(a)     the enforcement of this Agreement against the Client;

(b)     the Hirer’s use of the Services including but not limited to claims for defamation, infringement of Intellectual Property rights or other proprietary rights; and

(c)      any breach or non-observance of any terms of this Agreement.

18.2   The Hirer unconditionally and irrevocably releases and forever discharges Ja’dore La Robe, its executors, administrators, successors and permitted assignees, transferees and substitutes against all claims and liabilities relating to, or arising out of, or in any way connected with, either directly or indirectly, the Services.

19.     Limitation of Liability

19.1   Ja’dore La Robe disclaims all conditions and warranties (statutory, express or implied), including, without limitation, the implied warranties as to:

(a)  the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of the Apparel (or any part thereof); and

(b)  the Hire Services and the Site will be uninterrupted, reliable or secure.

19.2   In no time will Ja’dore La Robe be liable for any loss incurred by or any damage howsoever caused to the Hirer or any person arising out of or in connection with these Terms or a Service provided or omitted to be provided under these Terms, whether in tort, under statute or otherwise and, whether direct or indirect, consequential or contingent, and whether foreseeable or not, including without limitation any financial loss or loss of business, profit, savings, revenue, data or goodwill or use of any Apparel.

19.3   Any claim by the Hirer arising out of these Terms must be notified in writing to Ja’dore La Robe within 3 months from the first date the incident giving rise to the claim or the Hirer will be deemed to have waived its rights with respect to such claim.

19.4   Nothing under this clause will limit or exclude Ja’dore La Robe’s liability which is not permitted to be limited or excluded under the laws of New South Wales.

 

19.5   The total liability of Ja’dore La Robe in respect of the Services will not exceed the total Hire Price paid by the Hirer to Ja’dore La Robe immediately preceding the incident (or in case of a series of incidents arising from a common cause immediately preceding the first of such incidents) giving rise to a claim.

 

19.6   Ja’dore La Robe’s employees, stakeholders, shareholders, agents, contractors and sub-contractors shall have the benefit of the rights, exclusions and limitations of the provisions of this clause 19 as if such provisions were expressly for their benefit.

 

20.     PPSA

20.1   Ja’dore La Robe may register any actual or impending security interest (in any manner Ja’dore La Robe considers appropriate) in relation to any security interest contemplated or constituted by these Terms in the Apparel and the proceeds arising in respect of any dealing in the Apparel.

20.2   Upon assenting to these terms and conditions in writing the User acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Apparel that has previously been supplied and that will be supplied in the future by Ja’dore La Robe to the Hirer.

20.3   The Hirer undertakes to:

(a)     do anything that is required by Ja’dore La Robe:

(i)       so that Ja’dore La Robe acquires and maintains one or more perfected security interests under the PPSA in respect of the Apparel and its proceeds;

(ii)      to register a financing statement or financing change statement; and

(iii)     to ensure that Ja’dore La Robe’s security position, and rights and obligations, are not adversely affected by the PPSA;

(b)     indemnify, and upon demand reimburse, Ja’dore La Robe for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Apparel charged thereby;

(c)      not register a financing change statement in respect of a security interest contemplated or constituted by these Terms without Ja’dore La Robe’s prior written consent; and

(d)     not create or purport to create any security interest in the Apparel, nor register, or permit to be registered, a financing statement or a financing change statement in relation to the Apparel in favour of a third party without Ja’dore La Robe’s prior written consent.

20.4   The Hirer:

(a)     waives its right under section 157 of the PPSA to receive a copy of the verification statement relating to a security interest created in these Terms;

(b)     agrees that to the extent permitted by the PPSA, the following provisions of the PPSA will not apply and are contracted out of: section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and

(c)      agrees that the following provisions of the PPSA will not apply and it will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137.

20.5   Unless otherwise agreed and to the extent permitted by the PPSA, the parties agree not to disclose information of the kind referred to in section 275(1) of the PPSA to an interested person, or any other person requested by an interested person. The Hirer waives any right it may have, or but for this clause may have had, under section 275(7)(c) of the PPSA to authorise the disclosure of the above information.

20.6   For the purposes of section 20(2) of the PPSA, the collateral is the Apparel including any Apparel which is described in these Terms. These terms are a security agreement for the purposes of the PPSA.

20.7   The Hirer must unconditionally ratify any actions taken by Ja’dore La Robe under clauses 27.6 to 27.8.

20.8   Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.

21.     Security and Charge

21.1   ‍In consideration of Ja’dore La Robe agreeing to supply Apparel, the Hirer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Hirer either now or in the future, to secure the performance by the Hirer of its obligations under these Terms (including, but not limited to, the payment of any money).

21.2   The Hirer indemnifies Ja’dore La Robe from and against all Ja’dore La Robe’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Ja’dore La Robe’s rights under this clause.

21.3   The Hirer irrevocably appoints Ja’dore La Robe and each director of Ja’dore La Robe as the Hirer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 21 including, but not limited to, signing any document on the User’s behalf.

22.     User Generated Content

22.1   For any Content submitted by you, relating to your use of the Services or Ja’dore La Robe to :

(a)     the Site; or

(b)     Ja’dore La Robe’s Social Media; or

(c)      through Social Media by tagging Ja’dore La Robe; or

(d)     directly in communications (through written, image or verbal publication) to Ja’dore La Robe; or

(e)     by any other written, imagery or verbal means to Ja’dore La Robe;

you grant Ja’dore La Robe a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology throughout the world without compensation to you.

22.2   All Content that you submit may be used at Ja’dore La Robe’s sole discretion.

22.3   Ja’dore La Robe reserves the right to change, condense or delete any content on the Site or through their Social Media that Ja’dore La Robe deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms.

22.4   Ja’dore La Robe does not guarantee that you will have any recourse through Ja’dore La Robe to edit or delete any content you have submitted. Ja’dore La Robe reserves the right to remove or to refuse to post any Content for any reason.

22.5   You acknowledge that you, not Ja’dore La Robe, are responsible for the Content posted by you. None of the Content that you submit shall be subject to any obligation of confidence on the part of Ja’dore La Robe, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

22.6   By submitting any Content to Ja’dore La Robe, you represent and warrant that:

(a)     You are the sole author and owner of the intellectual property rights thereto;

(b)     All “moral rights” that you may have in such Content have been voluntarily waived by you;

(c)      All Content that you post is accurate;

(d)     Use of the Content you supply does not violate these Terms and will not cause injury to any person or entity.

(e)     You further agree and warrant that you shall not submit any Content:

(f)      That is known by you to be false, inaccurate or misleading;

(g)     That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

(h)     That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

(i)       That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

(j)       For which you were compensated or granted any consideration by any third party;

(k)      That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;

(l)       That contains any computer viruses, worms or other potentially damaging computer programs or files.

22.7   You agree to indemnify and hold Ja’dore La Robe and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

23.     Acknowledgments

The parties acknowledge and agree that:

(a)     the hire of Ja’dore La Robe’s Apparel to the Hirer is a bona fide transaction for valuable consideration;

(b)     consideration for the hire of the Apparel by the Hirer is at market value; and

(c)      any statutory fees and/or taxation payable on this hire of the Equipment must be ascertained and paid by the party liable.

24.     GST

24.1   The parties acknowledge that the hiring of the Apparel and the payment of the Hire Price and any other amounts payable in accordance with these Terms are subject to GST.

24.2   GST and other taxes and duties that may be applicable shall be added to the Hire Price, except where they are expressly included in the Hire Price.

24.3   Where any supply occurs under or in connection with these Terms for which GST is not otherwise provided, the party making the supply shall be entitled to increase the amount payable for the supply by the amount of any applicable GST.

24.4   A party will not be obliged to pay any amount in respect of GST to the other party unless and until a tax invoice that complies with the GST legislation has been issued in respect of that GST. Each party agrees to do all things, including providing invoices or other documentation that may be necessary and desirable to:

(a)     enable or assist the other party to claim input tax credits to the maximum extent possible; or

(b)     itself claim all input tax credits that might be available to it in order to reduce the amount recoverable from the other party under these Terms.

24.5   GST means the tax payable on taxable supplies under the GST legislation which is referrable to the A New Tax System (Goods and Services Tax) Act 1999 and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax. Any terms defined in GST legislation will have the meaning given to them in GST legislation.

25.     Intellectual Property

25.1   The Hirer acknowledges and agrees that Ja’dore La Robe’s trademark shall remain the intellectual property of Ja’dore La Robe at all times and further agrees that they shall not use the same for any purpose whatsoever without the express written approval of Ja’dore La Robe.

26.     Privacy Act 1988

26.1   Ja’dore La Robe’s Privacy Policy can be found at www.jadorelarobe.com.au

26.2   The Hirer agrees for Ja’dore La Robe to obtain from a credit reporting agency a credit report containing personal credit information about the Hirer in relation to any credit provided by Ja’dore La Robe.

26.3   The Hirer agrees that Ja’dore La Robe may exchange information about the Hirer with those credit providers either named as trade referees by the Hirer or named in a consumer credit report issued by a credit reporting agency for the following purposes:

(a)     to assess an application by the Hirer; and/or

(b)     to notify other credit providers of a default by the Hirer ; and/or

(c)      to exchange information with other credit providers as to the status of this credit account, where the Hirer is in default with other credit providers; and/or

(d)     to assess the creditworthiness of the Hirer.

26.4   The Hirer understands that the information exchanged can include anything about the Hirer’s s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

26.5   The Hirer consents to Ja’dore La Robe being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

26.6   The Hirer agrees that personal credit information provided may be used and retained by Ja’dore La Robe for the following purposes (and for other purposes as shall be agreed between the Client and Ja’dore La Robe or required by law from time to time):

(a)     the provision of Apparel on Hire; and/or

(b)     analysing, verifying and/or checking the Hirer’s credit, payment and/or status in relation to the provision of Apparel on hire; and/or

(c)      processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Hirer ; and/or

(d)     enabling the daily operation of Hirer’s account and/or the collection of amounts outstanding in the Hirer’s s account in relation to the hire of the Apparel.

26.7   Ja’dore La Robe may give information about the Hirer to a credit reporting agency for the following purposes:

(a)     to obtain a consumer credit report about the Hirer;

(b)     allow the credit reporting agency to create or maintain a credit information file containing information about the Hirer.

26.8   The information given to the credit reporting agency may include:

(a)     personal particulars (the Hirer’s s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);

(b)     details concerning the Hirer’s s application for credit or commercial credit and the amount requested;

(c)      advice that Ja’dore La Robe is a current credit provider to the Hirer;

(d)     advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than fifteen (15) days, and for which debt collection action has been started;

(e)     that the Hirer’s s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;

(f)      information that, in the opinion of Ja’dore La Robe, the Hirer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Hirer’s s credit obligations);

(g)     advice that cheques drawn by the Hirer for one hundred dollars ($100) or more, have been dishonoured more than once;

(h)     that credit provided to the Hirer by Ja’dore La Robe has been paid or otherwise discharged.

27.     General

27.1   Unless otherwise specified, the Hirer agrees that by sending or tagging photos of wearing Ja’dore La Robe’s Apparel or using Supplementary Products purchased from Ja’dore Ja’dore La Robe may use the images for promotional purposes including, but not limited to print materials, social medial platforms and newsletters.

27.2   These Terms may only be amended or supplemented in writing signed by the parties.

27.3   The non-exercise of or delay in exercising the power or right of a party does not operate as a waiver of that power or right, nor does any single exercise for the power or right preclude any other or further exercise of it or the exercise of any power or right.  A power or right may only be waived in writing, signed by the party to be bound by the waiver.

27.4   If any provision of these Terms shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

27.5   These Terms are governed by the law in force the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the Courts of New South Wales and any Courts that may hear appeals from those Courts in respect of any proceedings in connection with these Terms.

27.6   Ja’dore La Robe shall be under no liability whatsoever to the Hirer for any indirector and/or consequential loss and/or expense (including loss of profit) suffered by the Hirer arising out of a breach of Ja’dore La Robe of these Terms. Alternatvely, Ja’dore La Robe’s liability shall be limited to damages which under no circumstances shall exceed the Hire Price paid for the hire or purchase of the Apparel.

27.7   Ja’dore La Robe reserves the right to review these Terms at any time. Following any such review, if there is to be any change to the these Terms, then that change will take effect from the date on which Ja’dore La Robe notifies the Hire of such change. Except where Ja’dore La Robe supplies further Apparel to the Hirer and the Hirer accepts such Apparel, the Hirer shall be under no obligation to accept such changes to these Terms.

27.8   Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either paryt.

27.9   The non-exercise of or delay in exercising the power or right of a party does not operate as a waiver of that power or right, nor does any single exercise for the power or right preclude any other or further exercise of it or the exercise of any power or right.  A power or right may only be waived in writing, signed by the party to be bound by the waiver.

27.10 Except as expressly stated otherwise in these Terms, the rights of a party under these Terms are cumulative and are in addition to any other rights of that party