Clothing and Accessories Hire Terms and Conditions

TEA IN THE GARDEN  - CLOTHING AND ACCESSORIES HIRE TERMS AND CONDITIONS

Last Updated: 29 March 2024

 

1.  INTRODUCTION

(a) The Tea in the Garden website located at teainthegarden.com.au (Website), ­is owned, controlled and operated by Jane Caffery t/as Tea in the Garden (ABN 35 935 260 488) (TITG, we, our, and/or us).
(b) As a condition of hiring any of the Products on the Website, you agree to the following terms and conditions (Hire Terms) and to be legally bound by these Hire Terms.
(c) If you do not agree with the Hire Terms, you should not hire the Products on our Website.
(d) We have the right to vary the Hire Terms at any time and without notice to you. We will post changes to the Hire Terms on the Website. You agree that it is your responsibility to be aware of any changes made to the Hire Terms, and by hiring any of our Products you agree to be governed by the Hire Terms as varied from time to time.

 

2.  WHAT WE DO

(a) We run a business called Tea in the Garden (our Business), which provides the services (Services) of hiring out third party designers’ (Designers) fashion garments and accessories via our Website (the Products). You may find out more about the Products we offer for hire via the Website.
(b) We do not currently hire products designed by us.
(c) To hire a Product, you must select your desired Hire Period and, if the Product is available for that Hire Period, proceed to pay the Hire Fee for that Product and follow these Hire Terms.

 

3.  PRICING AND ORDERING

(a) The price for hiring a Product (Hire Price) is specified on the Website. We reserve the right to change our pricing at our discretion and without notice.
(b) Unless otherwise stated, all prices are in Australian Dollars and include GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(c) By placing an order via the Website (Order), you are offering to hire the Product on and subject to these Hire Terms.
(d) To hire products via our Website, you must use a valid credit or debit card, PayPal or AfterPay.
(e) We use Shopify, a third party payment processor, to process payments and we do not collect or record any credit card details provided by you when making purchases via the Website. You are responsible for any credit card fees or surcharges that apply to your payment.
(f) While we try our best to fulfil all Orders, you agree that we have the right to accept, reject or cancel an Order for any reason at any time, and all Orders are subject to availability of the relevant Products.
(g) If we cancel an Order, we will provide a refund of the Hire Price, in relation to the cancelled Order.
(h) An invoice will be sent to you in acknowledgement of receipt of your Order and your payment of the Hire Price.
(i) Any changes to the Order may only be made with our written approval.
(j) By placing an Order to hire a Product, you accept that the Retail Price listed for the Product applies for the purposes of this Agreement.
(k) You may only cancel an Order under clause 8 of these Hire Terms below.

 

4.  SHIPPING AND COLLECTION OF PRODUCT

(a) Unless we otherwise agree in writing, when placing an Order, you will be provided with options to:
(i) Request the Product be shipped to your provided address (Shipping Request) via Australia Post Express Post service; or 
(ii) Collect the Product from our Main Office (Collection), located in Hermit Park, Townsville (Main Office) on the allocated Collection Date (Collection Date).

 

4.1 Product Delivery 

(a) Shipping Request
(i) When placing an Order as a Shipping Request, additional fixed postage fees will apply.
(b) Shipping Delivery
(i) The Product will be dispatched to you via the Australia Post Express Post service or other suitable delivery partners as determined by us (Postage).
(ii) The estimated delivery times take into account that the Product will be shipped from Townsville, North Queensland, using the Australia Post Express Post service to metropolitan, regional and rural locations throughout Australia.  
(iii) Any provided estimates for processing and shipping times (either in these Hire Terms or otherwise) are approximate and subject to change.
(iv) We are not responsible for any Loss suffered by you where an Order is not processed or delivered within the estimated time frame, however, as a courtesy, we will notify you via email if there are any significant processing or delivery delays in relation to your Order.
(v)  You are responsible for inspecting the Product upon delivery and notifying us by email within 24 hours of receiving the Product of any discrepancies or issues.

(vi) If you believe that your Order has been lost or damaged in transit, please contact: hello@teainthegarden.com.au

(c) Return Shipping
(i) When returning the Product to us, you are required to comply with the relevant dates in your Hire Period, including the Return Date, unless otherwise agreed in writing.
(ii) You must use the prepaid and preaddressed mailing satchel provided with your Product Delivery for the return shipment to our Main Office.
(iii) You must notify us via email if there are any processing or delivery delays related to your return of the Product.

 

4.2 Product Collection 

(a) Unless we otherwise agree in writing, when placing an Order, you will be allocated a date and time to:
(i) Collect the Product (Collection Date); and
(ii) Return the Product (Return Date).
(b) Unless we otherwise agree in writing, you must:
(i) Collect the Product from our Main Office, located in Hermit Park, Townsville (Main Office) on the allocated Collection Date; and
(ii) Return the Product to our Main Office on the allocated Return Date.

(c) It is your responsibility to ensure you are available to collect and return the Product on the allocated Collection Date and Return Date respectively, and we are not liable for any Loss you may suffer as a result of your failure to comply with this obligation.

 

5.  TITLE AND RISK

(a) Title in the Product remains at all times the property of TITG.
(b) You have no right, title or interest in a Product, other than the right to possession and use of the Product during the Hire Period, subject to these Hire Terms.
(c) To the extent permitted by law, all risk of Loss (which includes loss and damage) to the Product passes to you when the Order is collected by you. You maintain this sole risk during the Hire Period and for any further term that the Product is in your possession, custody or control, until such time that the Product is returned to us and we have confirmed, via inspection of the Product, that it has not been damaged. Clause 10 and clause 11 of these Hire Terms sets out further terms relating to the risk you maintain in relation to Products.
(d) In the event of any Loss (which includes loss and damage) to the Product arising out of or in connection with your possession or use of the Product:
(i) You agree to provide us immediate written notice (email to suffice); and

(ii) We may request photos of the damage, which you agree to provide.

 

6.  CUSTOMER OBLIGATIONS

6.1 Assessment of suitability

(a) We do not offer try ons for any of our Products. 
(b) Prior to placing an Order to hiring a Product, you agree to:
(i) Review the Product measurements provided on our Website to ensure that the Product is the right size and fit;
(ii) Ensure you have selected the correct Product and the Hire Period you require; and
(iii) Ensure you will be available to collect and return the Product to our Main Office on the Collection Date and Return Date.

(c) If you fail to comply with clause 6.1(b), we are not liable for any Loss you suffer as a result and you will not be entitled to a refund of your Order (or any part of your Order).

6.2 Product Care 

You agree to: 
(a) Treat our Products like you would your own and with the utmost care;
(b) Not try and fit into (or zip up) a Product that is too small for you;
(c) Not remove any tags or labels on the Products;
(d) Not attach any brooches or pins to the Products;
(e) Refrain from using any fake tanning products within the 48 hours prior to wearing the Product;
(f) Use and care for our Product in accordance with the instructions and information on the "How to take care of me” card (Care Card), provided to you with the Product; and

(g) Keep the Product in the TITG Garment Bag prior to wearing and place the Product in the TITG Fabric Drawstring Bag after wearing (if provided by us).

6.3 Cleaning 

(a) You agree and acknowledge that:
(i) Professional cleaning of each Product is included in the Hire Fee and will be performed by us upon return of the Product;
(ii) You will not make any attempts to alter or repair the Product; and
(iii) Subject to clause 6.3(b) below, you will not make any attempts to clean, wash, launder, iron, press or otherwise interfere with the Product (or instruct any other person to do so),

(b) For some Products, we permit spot steaming on low heat to remove any slight creases or wrinkles, however, this is subject to each Product’s Care Card. If the Product Care Card specifies that steaming is not recommended for a Product, you agree not to steam that Product.

6.4 Return of Product

(a) Unless we otherwise agree in writing, you agree to return the Product you hire from us as follows:
(i) Folded and placed carefully in the TITG Fabric Drawstring Bag, which must then be placed, with the hangers, into the TITG Garment Bag (if provided by us);
(ii) On the Return Date, namely the date and time provided to you when you placed the Order for the Product;
(iii) To TITG personnel (namely our owner, staff or representatives) at the Main Office; and
(iv) In accordance with any other instructions provided to you by us in relation to return of the Product.
(b) For the avoidance of doubt, we do not consider a Product to have been returned if it is left in the doorway of the Main Office or elsewhere on the premises. The Product must be physically delivered to TITG personnel.

(c) Where we have agreed to accept return of a Product via shipping, the Product must be received by us at our Main Office by the Return Date, unless we otherwise agree in writing.

6.5 General

You agree to: 

(a) Treat us, our staff and our representatives with respect and courtesy at all times; and

(b) Only attend the Main Office at the allocated time for your Collection Date and Return Date unless otherwise agreed by us.

 

7. AUSTRALIAN CONSUMER LAW

(a) Our Services come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Hire Terms.

(b) Nothing in these Hire Terms shall override your rights as a consumer under the Australian Consumer Law, your Consumer Guarantees or any other non-excludable rights you may have at law.

 

8. CANCELLATION AND REFUND POLICY - CHANGE OF MIND

Subject to your rights under clause 7 above:

(a) We only offer refunds for 'change of mind' where you provide written notice to us (email to suffice) that you wish to cancel your hire of the Product (Cancellation Notice) and such notice is provided at least 3 business days prior to the Collection Date for that Product (Notice Period); and
(b) We do not offer refunds for ‘change of mind’ in any other circumstances, (including where you have collected a Product that does not fit, where you decide not to use the Product or where you send a Cancellation Notice outside of the Notice Period for the Product);
(c) If you submit a valid Cancellation Notice under clause 8(a), we will cancel your Order and you will receive a refund of the Hire Price in relation to the cancelled Order, less a $10 administration processing fee;
(d) If you submit an invalid Cancellation Notice under clause 8(a), such that you are not entitled to a refund, we will provide you with a credit note, equivalent in value to the Hire Price for the cancelled Order less a $50 administration processing fee (Credit Note);
(e) Where you are issued a Credit Note, you acknowledge and agree that the Credit Note will expire 12 months after the date it is issued; and

(f) If you arrange with us to have the Product shipped rather than collected, you are not able to cancel your Order for ‘change of mind’ unless we expressly agree in writing.


9.  REFUND POLICY – FAULY OR INCORRECT PRODUCTS

(a) All of our Products are inspected and cleaned prior to hiring, which allows us to ensure they are defect and damage free upon collection.
(b) Upon collection of the Product, you are responsible for confirming that the Product you are collecting is the correct Product and is clean and free from any faults or defects.

(c) If you have any concerns about the Product supplied to you, please contact hello@teainthegarden.com.au to discuss your options including receiving a refund or replacement Product.


10. DAMAGE TO PRODUCT

(a) If a Product is returned to us with stains or damage, and, in our opinion:
(i) The stains or damage are minor (Minor Damage), we will cover the costs to clean or repair the Product up to a repair cost of $20.00, following which you will be charged for any excess costs incurred by us over $20.00 to clean or repair the Product and you agree to pay such costs; or
(ii) The stains or damage are such that the Product is unfit for rehire (Major Damage), you will be charged the Retail Price of the damaged Product and you agree to pay such costs.
(b) For the avoidance of doubt:
(i) Major Damage may include rips, tears, split seams, shrinkage, broken zips, makeup stains, tanning marks, perfume marks or strong odours, smoke damage and more;
(ii) Despite any payments paid by you to us for Minor Damage or Major Damage to a Product, clauses 5(a) and 5(b) of this Agreement continue to apply, and title in the Product remains at all times the property of TITG and you have no right, title or interest in the Product, other than the right to possession and use of the Product during the Hire Period, subject to these Hire Terms.

Where we send you an invoice relating to Minor or Major Damage, you agree to pay the invoice in accordance with the invoice terms. We reserve the right to charge to refer any debts to a debt collector or solicitor. All costs incurred by us in doing so will be payable by you.


11. LATE RETURNS AND LOST PRODUCTS
(a) If the Product is not returned to us by the Return Date, it will be considered late, and you will be charged a Late Fee (as defined in clause 17) for each day after the Return Date that the Product is not returned to us.
(For example: A Late Fee is an additional fee of 25% of the Hire Price of the Product, for each day that the Product is not retuned after the allocated Return Date. Therefore, if the Produce’s Hire Price is $100 and it is returned 3 days late, you will be charged a Late Fee of $75.)
(b) You agree and acknowledge that the Products may be one-off pieces, which are no longer available to purchase, highly desirable, exclusive or of significant value. If the Product is not returned, we may be unable to source a replacement product for a range of reasons, including the Product no longer being available. Accordingly, we treat the non-return of Products extremely seriously and you agree to comply with our terms surrounding Lost Products as a condition of hiring Products under the Hire Terms.
(c) If you have not returned the Product to us within 4 days of the Return Date, we will consider the Product a lost product (Lost Product).
(d) If a Product is deemed a Lost Product, then in addition to incurring the Late Fee, you accept that we may take any of the following steps:
(i) Charge you a Lost Product Fee (as defined in clause 17) for each Lost Product, which is due and payable immediately upon notice to you;
(For example: A Lost Product Fee is an additional charge of 200% of the Retail Price of the Lost Product. Therefore, if the Retail Price of the Lost Product is $1,000, you will be charged a Lost Product Fee of $2,000.)
(ii) Terminate your user account immediately and prohibit you from engaging with our Services in any way; and
(iii) Take steps to recover the Lost Product from you, including but not limited to notifying the relevant authorities and/or taking legal action against you.
(e) For the avoidance of doubt:
(i) You agree that you may be liable to pay both the Late Fee and the Lost Product Fee where applicable and that these may collectively exceed the Retail Price of the Product; and
(ii) Despite any Late Fee or Lost Product Fee paid by you to us for a Product, clauses 5(a) and 5(b) of this Agreement continue to apply, and title in the Product remains at all times the property of TITG and you have no right, title or interest in the Product, other than the right to possession and use of the Product during the Hire Period, subject to these Hire Terms. 
(f) Where we send you an invoice relating to a Late Fee or Lost Product Fee, you agree to pay the invoice in accordance with the invoice terms. We reserve the right to charge to refer any debts to a debt collector or solicitor. All costs incurred by us in doing so will be payable by you.

(g) We reserve the right to report Lost Products to the police.

 

12. DISCLAIMERS

You agree and acknowledge the following:
(a) We are not the designers of the Products. The Products are designed by third party Designers.
(b) We are not affiliated with the Designers of Products we hire out under the Hire Terms, nor are we sponsored, approved, or endorsed by the Designers.

(c) We do not own any designs or other intellectual property rights in any of the Products.

 

13. PERSONAL INFORMATION

(a) We are committed to the transparent management of your personal information.
(b) So that we can fulfil your Orders, we will need to collect certain personal information from you.
(c) We agree to take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Notice, located here: teainthegarden.com.au/policies/privacy-policy
  

14. LIMITATION OF LIABILITY 

Subject to clause 7 of these Hire Terms, without overriding any Consumer Guarantees, and only to the extent permitted by law, you agree:
(a) Your use of our Services, and the hiring of Products from us, is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of Loss resulting from your use of our Services, and the hiring of Products from us however incurred;
(b) TITG does not make any representations, warranties or guarantees in relation to the supply of the Services, or the hire of the Products, by TITG via the Website; and

(c) TITG hereby disclaims all liability in connection with any Loss arising out of or in connection with the supply of the Services, the hire of the Products or any use of, or reliance on, the Website.

 

15. INDEMNITY

(a) You indemnify us (and our representatives) from and against all Claims and Loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Hire Terms by you (or your representatives) or an unlawful or negligent act or omission carried out by you (or your representatives) in relation to these Hire Terms.
(b) We have an obligation to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us.
(c) Your obligation to indemnify us under this clause 15 will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim.
     16. GOVERNING LAW
    (a) The Hire Terms are governed by and are to be construed in accordance with the laws of the State of Queensland, Australia and you agree that the courts of the State of Queensland, Australia will exclusively adjudicate over any dispute in relation to these Hire Terms.
    (b) If any term of these Hire Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.

    (c) This Website may be accessed from outside Australia. We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

     

    17. DEFINITIONS
    “Claim” means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
    “Consequential Loss” means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.
    “Hire Fee” means the price to hire a Product from us, as set out on our Website.
    "Hire Period” means the period during which you are entitled to use the Product, in accordance with these Hire Terms.
    “Late Fee” means an additional fee of 25% of the Hire Price of the Product, for each day that the Product is not returned after the allocated Return Date.
    “Lost Product Fee” means a charge of up to 200% of the Retail Price of the Product (such charge which is a genuine pre-estimate of Loss suffered by us in relation to the loss of the Lost Product and covers Loss relating to inter alia sourcing and purchasing an equivalent product (if this is possible), being unable to hire out Lost Products which cannot be replaced, administrative costs, cancelling of Orders for the Lost Product, and loss of income).
    “Loss” means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, and includes Consequential Loss.
    “Retail Price” means the recommended retail price of the Product as set out on our Website. For the avoidance of doubt, this does not mean any discounted or reduced prices for the Product that are available elsewhere. By placing an Order to hire a Product, you accept that the Retail Price listed for the Product applies for the purposes of this Agreement.