Terms and Conditions House of Hire Perth Pty Ltd ACN 625 856 813 (House of Hire, we, us, our) is a rental clothing retailer that offers products to its users for hire only.
These Terms and Conditions (Terms) govern your use of our products and services, as well as our website www.houseofhireperth.com.au (our Site) and forms a binding contractual agreement between you and us.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to House of Hire in writing at email@example.com before using our products or services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
House of Hire’s products and services are intended for users aged 18 and over. Our products may be rented for users that are under the age of 18, but only where a parent or legal guardian agrees to rent our products on behalf of a minor and therefore must be present when booking and signing the terms and conditions.
By browsing and using our products and services, whether instore or on our Site, you acknowledge and agree that you have had sufficient chance to read and understand the Terms, that you are aged 18 years or over, and that you agree to be bound by them.
These Terms were last updated in July 2018.
Changes to these Terms
1. House of Hire reserves the right, in its sole discretion, to change any part of these Terms.
2. Should this occur, House of Hire will provide notice of the change(s), and publish the updated Terms instore and on the Site.
3. The updated Terms will be taken to have effect on the date of publication.
4. Your continued use of our products and services, and the Site is taken as your agreement to be bound by these updated Terms.
5. House of Hire’s products are available for hire only and are subject to a fee (hire fee).
6. Hire fees are as displayed for each product on our Site, or may be requested in-store.
7. You agree that ownership of all products offered in conjunction with the Services at all times remains with and belongs to, House of Hire.
8. Our products include but are not limited to, Garments and accessories.
9. You warrant that the condition of our products is as presented to you at the time of collection from us.
Bookings and Acceptance
10. Before you hire our products, you must complete and sign a Garment Hire Agreement. Bookings by the Client for a Garment will be deemed to form part of the Hire Agreement when the Hire Agreement is completed and signed by the Client and a minimum of 50% deposit of the value of the Garments hire price is paid to House of Hire.
11. You must provide accurate, complete and up-to-date information, as requested, and it is your responsibility to inform us of any changes to your information. By signing House of Hire’s Hire Agreement to hire Garments from House of Hire, you accept these terms & conditions.
12. We may at any time request a form of identification to verify your identity.
13. House of Hire may reject your completed Garment Hire Agreement form in its sole discretion. Some factors that House of Hire may take into account when considering your hire include, but are not limited to, the following:
b) Credit History
c) Available funds to complete payments; and
d) Accuracy of information provided on the membership form
14. We do not ‘hold’ any products without a booking.
15. You may make a 30 minute appointment to view and try on House of Hire’s products before making a booking. Appointments are free, and can be scheduled by text message at the number below.
16. You may bring another person along to this appointment, however they may not also engage in trying on any products. If this person wishes to try on any products, they are required to have their own appointment. If booking for you and a friend, a back to-back appointment must be booked in for both you.
17. You must make a booking to hire our products at which time you must organise the date for collection of the product(s), before your event and confirm the date for the products to be returned (the hire period).
18. A booking for an appointment can be made instore, or by text (subject to availability).
19. All Garment bookings are final and we require a deposit of no less than half (50%) of the total hire fee at the time of booking. This is also the cancellation fee.
20. Changes to your booking are only permitted with our express written consent, and where a change of booking request has been made at least 5 days before collection of the product (including Saturday and Sunday).
21. The deposit paid will be refunded to you in full if your booking is unavailable.
22. Payment of the balance of the total hire fee is due on the pick up date.
23. You may not collect your booking unless payment of the total hire fee has been made in full, otherwise your booking may result in a cancellation.
24. We reserve the right to refuse further additional bookings where you still owe us unpaid money for previous hires, or products remain unreturned to us.
25. Products are to be collected in accordance with your confirmed booking; or as otherwise agreed by us in accordance with our change request policy in clause 19.
26. Products may only be collected by the member who made the booking, unless requested otherwise in writing and expressly authorised by House of Hire. Requests for collection by an agent must include details of the agent’s full name and relationship to the member.
27. Products may be collected the night before, or otherwise must be collected, on the date of your event as per your confirmed booking. House of Hire may expressly authorise such other earlier collection date upon your written request.
28. If you have made a booking through a promotion or discount provided by House of Hire, you must comply with any additional conditions that may apply.
29. We accept payment by debit card, credit card or cash. By making a booking via debit or credit card, you authorise House of Hire to charge any fees associated with your booking.
30. All bookings may be cancelled by either party as provided for in clause 23 and 28, or otherwise where:
a) You have provided a minimum 72 hours written notice to us prior to your confirmed date for collection.
b) We provide you with reasonable notice prior to your confirmed hire period.
- In the event of a booking cancelled by you in accordance with clause 30(a) you agree to forfeit the deposit paid, or otherwise all monies paid to us by you are forfeited where deficient notice is provided.
- Notice can be provided by text or email, at the contact details below.
- In the event of any booking cancelled by us in accordance with clause 30(b), all monies paid to us under that booking will be refunded to you.
- We are not liable to you for any loss or damage whatsoever arising from a cancelled or forfeited booking by us.
- If a product is not collected before or on the confirmed date for collection, you are taken to have forfeited your booking and all monies paid pursuant to that booking to us.
- These terms are not intended to exclude any automatic rights available under the Australian Consumer Law.
Warranties, Guarantees and Obligations
37. Product information, photos and sizes set on our Site are for illustrative purposes only. You acknowledge and agree that computer resolution, colour and image can vary between devices, and how a product looks in reality may be different from how it appears online.
38. You warrant that you will care for our products during the hire period. You acknowledge that, due to the luxury nature of the Garments, a high level of care must be taken.
39. You must keep all products within your own possession and control, and must not assign the benefit of use of a product to any other user.
40. You acknowledge that House of Hire maintains full proprietary ownership of the Garment at all times, and that your right to use any product is as a mere bailee only.
41. Under no circumstances are customers to attempt to clean any products themselves.
42. You guarantee that you will not modify or alter our products in any way. If any modifications or alterations are made during your hire period, you will be liable for the replacement cost, which will be no less than the full retail price of the product at the time of purchase by us.
43. You are responsible for the loss, destruction, deterioration or damage to any product, such as theft, fire, rips, runs/ladders, snags/pulls, burns and irremovable stains or any other cause, whether or not this loss, theft or damage is attributable to your negligence, failure or omission.
44. You must immediately notify House of Hire of any damage to a product during the hire period by email or text message at the contact details listed at the bottom of these terms & conditions.
45. You understand that if a product is returned with any kind of these irreversible damages, you will be liable for the replacement cost in $AUD, which will be no less than the full retail price of the product at the time of purchase by us.
46. In accordance with Australian Consumer Laws, we guarantee that our goods are fit for purpose at the time of collection from us and if they are not, you must notify us immediately so that we may seek redress and remedy the issue. Refunds will only be provided where we are unable to remedy your issues in relation to quality and suitability for purpose with another service.
47. You must return your product to our House of Hire Perth boutique.
48. The costs associated with dry cleaning your product ARE included within the hire fee. However there will be additional charges in circumstances where products are returned excessively soiled.
49. You must ensure that the products returned are in the same condition they were
delivered without any irreversible damages.
50. You accept full responsibility for the condition in which the products are returned.
51.The prescribed time to return your product is as follows:
a) For Thursday bookings, you must return your product by the next Monday.
b) For Friday bookings, you must return your product by the next Monday.
c) For Saturday bookings, you must return your product by the next
d) For Sunday to Wednesday bookings, you must return your product by such time
as advised by House of Hire.
52. You must return any products you have hired within the prescribed time. Where the product has not been returned by the “due date” as per Hire Agreement, then House of Hire will be entitled to charge additional hire fees until the Garment is returned to House of Hire and the Client expressly authorises House of Hire to deduct such additional hire fees from the Client’s credit card which was provided at the time of placement of the Client’s order. Such additional charges shall be charged for each day overdue at an amount specified below. If you fail to return any products, House of Hire will charge you the following penalties:
a) For every day your return is late: $20.
b) After seven days: $150.
53. Overdue fees shall be charged direct to the Clients credit card nominated at the
commencement of hire. If after any amount of days that the products have not been
returned to us, House of Hire is authorised to deduct up to the retail value of the
product from the debit or credit card details you have previously provided, or an
alternative payment method.
54. For the sake of clarity the rental period starts on the day the Garment is collected by the Client from House of Hire and the client signs the Hire Agreement Acceptance.
55. Overdue days shall be calculated from the following day after the due date of return of the Garment to House of Hire Perth.
Copyright and Trademark Notices
57. All material on our Site or otherwise delivered by us including (but not limited to)
content, text and graphics (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial or personal use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
58. You acknowledge that you do not acquire any ownership rights by using our Site or Our Content.
59. The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of House of Hire. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to House of Hire, in any manner that is likely to cause confusion with customers, or in any manner that disparages House of Hire.
60. Nothing contained on this Site should be construed as granting, by implication,
estoppel or otherwise, any license or right to use any trademark without our express written permission.
61. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that House of Hire will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
62. You agree to fully indemnify House of Hire and its affiliates, employees, agents,
contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on an indemnity basis) incurred or suffered by House of Hire as a direct or indirect consequence of your use of our Site, and/or any breach by you of these Terms.
63. If any provision of these Terms is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
64. These Terms shall be governed by and construed in accordance with the laws of Western Australia.
65. You consent to the exclusive jurisdiction of the courts in Western Australia to
determine any matter or dispute, which arises under the Terms.
Resolution of Disputes
66. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
67. Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
66. In the case of claims against us, all notices are to be provided to
69. If the dispute is not resolved by agreement within five business working days of the Second Party receiving the notice referred to in clause 68 above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five working days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre
70. Once a mediator is appointed, the parties agree that:
a) The costs of the mediator shall be borne equally between the disputing parties.
b) The chosen mediator shall determine the procedures for mediation.
c) The chosen mediator will not have the power or authority to make any other
determination in relation to the dispute.
71. If the parties have not mediated a resolution of the dispute within 10 working days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
House of Hire Perth Pty Ltd
ACN: 625 856 813
04 6659 6711