TERMS OF SERVICE

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OVERVIEW


This website is operated by The Curate Club. Throughout the site, the terms “we”, “us” and “our” refer to The Curate Club. The Curate Club offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.


Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - PAYMENT TERMS

The “hire fee” for the products will be the hire fee and delivery fees and any additional charges listed on the website in relation to your hire of products. When you order a product you authorize The Curate Club to charge your payment method for your hire fee. In addition to your hire order for a product, you authorize Dress Hire AU to charge your payment method up to an amount to 100% of the entire original retail value of the product as set in the “retail value” on the website if you do not uphold your commitment. The Curate Club will charge the supplied payment method for any additional fees as outlined in this agreement (such as damages or late return fees). In the event an invoice is issued for payment for any reason then payment shall be due within seven (7) days of the date of the invoice. If for some reason, your payment for an order is reversed or rejected, you agree to pay the outstanding amount within 48 hours of demand. Failure to do this will result in immediate cancellation of the booking. If the item(s) have already been dispatched you will still be liable for the full amount.

We may ask for photo ID, credit card details or other forms of identification. We can refuse the right to hire if you are unable to provide the requested identification or document(s). If we have requested this information it is your responsibility to provide this information immediately. In the event we are unable to fulfil your hire or delivery on time due to the information not being provided a credit only will be applied, no refunds will be given. 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - BOOKING PERIOD

After your booking is made on our website, you will receive a booking confirmation via email. The rental period you have selected for your rental is 'inclusive'. For example, a 4-day rental period can mean that your item will arrive by Friday and you will post it back on Monday. In this example, both the Friday and the Monday are included in the 4-day period.

SECTION 4 - SHIPPING INFORMATION

All parcels are marked authority to leave. If you require your parcel to be signed for you must specify this in the delivery instructions at check out.

Delivery Australia wide is $15 return. Your delivery can be delivered to you between 7:00am and 8:00pm on the requested day of delivery or earlier. Your hire period starts from the time the courier attempted first delivery and credits will not be issued for late delivery where you have not been available to accept delivery. When placing an order you automatically give us authority to leave your parcel in a safe place. If you do not wish to grant us this authority you must clearly outline this in the delivery instructions at checkout. You understand and agree that this authority to leave gives us and/or our selected couriers permission to leave the Order in question unattended by the front door, in the letterbox – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery. 

We do not take responsibility for orders where an incorrect/ineligible address has been provided. If you have supplied an incorrect address you will not be entitled to a refund/credit of any kind and you may be liable to pay any late fees or a replacement fee if the dress is not returned to us. In the instance where a parcel is unable to be delivered in time due to AusPost being unable to gain access and/or leave the parcel in a safe place and you have not provided delivery instructions you will not be entitled to a refund/credit note of any kind and you may be liable to pay any late fees or a replacement fee if the dress is not returned to us. If you have supplied an address that has a redirection service set up and your parcel is not delivered in time you will not be entitled to a refund. Once the parcel has been despatched you agree to not redirect to a different address. If you redirect it in anyway you will not be entitled to a refund/credit note of any kind if it does not arrive by the chosen delivery date. Redirecting a parcel will increase the delivery time by approximately 7-21 business days. By choosing signature on delivery you are accepting that anyone on that premises can sign for your parcel, once the item is signed for responsibility and liability transfer to you.

We aim to deliver hires as early as possible to mitigate any postage delays. Your delivery may occur up to fifteen (15) days prior to your chosen delivery date. Please ensure you provide a permanent address where there will be somewhere safe to leave a parcel or someone to accept the parcel up to 15 days prior to your chosen delivery date. 

In the rare occasion that the dress is delivered after your return date you are still required to return the dress as soon as possible (no later than 48 hours after delivery). If you require additional time to return the dress due to a late delivery please contact hello@thecurateclub.com. If a dress is not returned you are liable for 100% of the RRP of the dress, you may also be liable for late fees if you do not return the garment within a reasonable timeframe. It is therefore required that you select a permanent address that someone will be available at in the unlikelihood of the dress not being delivered as per your chosen date.

Please note we aim to deliver every item as quickly as possible. If you order in advance and the dress does not arrive to you in time you will be entitled to a full refund. Any last minute hires (orders placed less than 36 hours before being despatched) that do not arrive in time will be entitled to a credit note only and not a refund.

Orders placed after 2pm AEST will be shipped the following day. No refunds will be given for orders placed after this time that do not get delivered by the following business day. 

SECTION 5 - PICK UP

Bookings online for pickups must be placed a minimum of 48 hours before hire date. If your event is less than 48 hours we ask that you call our warehouse before placing your booking so we can confirm the dress is available.

SECTION 6 - INCORRECT OR FAULTY ITEMS

If you open your delivered parcel or collected hire garment to find that you have the incorrect item, please contact us immediately. If there is enough time, we will do our best to get you a replacement so you still have something to wear.

If you find that the item is correct, but has other issues (e.g. damage, faults or noticeable stains), please let us know within 24 hours of receiving the item, and prior to wearing the item.

If you don't let us know within this timeframe, we reserve the right to refuse a refund as it will not be clear when the damage was caused or by who. You should do this even if you believe you will still wear the item, as you may be offered a discount. More importantly, it will mean you won't be charged for the damage or charged damage fees.

You acknowledge that the items being sent to you are not brand new and may have some signs of wear and tear. A refund may not be granted if the issue is considered minor or insignificant.

In all cases, you will need to wait for the item to be returned to us and assessed, prior to a refund being approved and processed. If approved, you will receive a full refund including any amount paid for postage.

SECTION 7 - CANCELLATION REQUESTS

For cancellation requests received 2 days or more prior to dispatch, you will be entitled to a credit note for the hire amount including postage. You will not receive a refund. The credit note can be used to hire any items available on The Curate Club and will have a 12 month expiry.

For cancellation requests received within 2 days prior to dispatch, you will not be entitled to a credit note.

In the special circumstance where a refund has been allowed, a $20 refund processing fee will be deducted from the total amount.

SECTION 8 - RETURNS

Returns

With delivery of your product, pre-paid return packaging is provided. Please ensure that you place your dress inside the self addressed envelope and drop it at your nearest Post Office or YELLOW Express Postal Box by 4pm on the last day of your hire. If you loose your return packaging it is your responsibility to return the garment via trackable express post to The Curate Club, 1/588 New Canterbury Road Hurlstone Park 2193 NSW. You must provide tracking details and photo of addressed satchel to hello@thecurateclub.com in order to avoid further borrowing charges.

If you return your item(s) via an Australia Post Outlet (highly recommended) where it will be scanned over the counter as proof of lodgement then the article will be deemed as returned and we will accept responsibility for the article after the first scan. If you return your item(s) via an Australia Post Box and the item(s) is not scanned and is lost by Australia Post then you accept responsibility for this loss and will be required to pay the retail cost of the item(s) in addition to the hire fee already paid.

If your hire period ends on a Sunday or public holiday Simply slip your dress in the return satchel provided and return to the nearest YELLOW Express Postal Box on the return date. Otherwise you can always return across the counter at the Post Office the next business day.

SECTION 9 - CLEANING

Professional cleaning is included in your hire and you agree that no attempts will be made to clean, alter, iron/press garment/s (unless otherwise arranged). All garments are professional steamed prior to sending however can become creased in the post. Certain fabrics are more prone to wrinkles though, and if you receive a dress with slight creases, please try steaming the garment on low heat.
Alternatively, you can hang the dress in a steamy bathroom and the steam will de-crease it. If you need further assistance please email hello@thecurateclub.com.

The Curate Club shall not be held liable for any health-related complaints associated with a product rented from our site. Our products have been worn by other consumers prior to your rental.

SECTION 10 - DAMAGED GARMENTS

You agree to treat our products like you would your own. You will treat the garment with the upmost of care. 

We offer free damage insurance to the value of one hundred dollars ($100) to cover minor damage. For minor damage if The Curate Club assesses (at its sole discretion) that the cost of repairs will be over one hundred dollars ($100), then you will be required to pay the difference (e.g. if the repair cost is one hundred and fifty dollars ($150), then The Curate Club will require you to pay fifty dollars ($50). If The Curate Club assesses (as its sole discretion) that the dress is not repairable, you will be charged the full replacement value of the dress; as per the amount on our website. Dresses deemed irreparable are not covered by the $100 insurance. By accepting this agreement, you give permission for The Curate Club to charge fees for damages or loss of an item to the payment method you used when placing your order. You will be given the option of using an alternative payment method before the charge is made.

SECTION 11: LATE FEES

If for any reason you post back the rental item(s) on a day after the Rental Return Date specified, late fees will apply. 

The fee charged for each day late will be your rental price divided by the number of days you've rented for, up to 120% of the original RRP of the item. For example, if you selected a 4-day hire and the rental fee was $100, late fees would be charged at $25 for each day late.

By accepting this agreement, you give permission for The Curate Club to charge late fees to the payment method you used when placing your order. You will be given the option of using an alternative payment method before the charge is made.

SECTION 12: POSTAGE

The Curate Club is not liable for any delays through Australia Post. We cannot be held accountable for any late or lost deliveries.

In the case of late delivery, we can issue store credit but no refund. This is the fault of a third party. To be eligible for a store credit, the hire must be posted back on the same day that it was ultimately delivered by Australia Post. 

Postage is only available within Australia. Our services are not available outside of Australia.

You will receive Australia Post tracking updates to your email and mobile number once your hire has been dispatched. If you do not receive this information, please contact us immediately. It is your responsibility to monitor the tracking information and update us if the item has not been delivered once the tracking information has been sent to you. If the item has been delivered by Australia Post and marked as 'Delivered - Left in a Safe Place' and you cannot find it. Please contact us immediately so we can contact Australia Post and help you locate the package.

SECTION 13: CREDIT NOTES

One credit note only can be applied per order. Credit notes have a twelve (12) month expiry. Orders placed using credit notes are final and cannot be refunded or exchanged for another credit note.


SECTION 14 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 15 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 16 - CONTACT INFORMATION


Questions about the Terms of Service should be sent to us at hello@thecurateclub.com.

Our contact information is posted below:
The Curate Club
hello@thecurateclub.com

ABN 84 567 900 561