1.1 “Established Market Value” means either (a) 1.5 times the Recommended Retail Price (RRP or Retail) where available or (b) our Estimated Value of the Piece.
You accept that this sum accounts for the replacement cost and our loss of future bookings caused by your loss of or damage to the Piece. You accept that this sum represents a genuine pre-estimate of our loss and is not being imposed as a penalty.
1.2 "Estimated Value" means the value determined by market demand for that Piece and the availability to purchase that Piece in the market.
1.3 “Piece” means all items (including jewellery and accessories) hired by you from us.
The Piece shall be as described in our catalogue, on our Order Confirmation and Invoices.
1.4 “Rental Period” means either the 4- or 8-day period for which you booked the Piece, starting from the day you requested delivery of the Piece to the day the Piece is to be collected by courier and returned to our warehouse.
1.5 “Rental Price” (“price”) means the cost of the hire of the Piece.
1.6 “Rental Return Due Date” means 3 business days from the end of Rental Period. This is the date the Piece is expected to arrive back at our warehouse.
1.7 “Services” means the services outlined on the Style Vault website located at stylevault.com.au (the “Site”) as well as our rental services.
1.8 “Style Vault” (“we”, “our”, “us” or “SV”) means Style Vault Pty Ltd (ABN 37 660 545 228)
1.9 “User” (including “client”, “customer”, “you” or “your”) means you or any person authorised to act on your behalf.
2.1 These terms and conditions are subject to any laws governing the rights of consumers and shall not affect the consumer’s statutory rights.
3.1 All Pieces provided to you are subject solely to these terms and conditions. Nothing contained in your order or communications with us overrides these terms and conditions.
3.2 You shall be liable for all and any damage, costs (including legal costs) or losses incurred by us on an indemnity basis as a result of your failure to comply with these terms and conditions.
3.3 These terms and conditions can only be amended in writing and with the written approval of a director of Style Vault.
3.5 You must immediately inform us in writing of any change in your details, including but not limited to changes in your address, mobile or landline telephone or facsimile numbers, corporate ownership or business practice.
4.1 You may request to hire one of our Pieces at our listed prices (Australian dollars) by submitting an Order.
4.2 If we accept your request, we will issue you with an Order Confirmation, including the Rental Period and the Price.
4.3 We reserve the right to modify the Price in the event of a variation to your requirements. The new Price will be confirmed in the new Order Confirmation.
4.3 A pre-authorisation on your credit card may be made prior to dispatch of the Piece. Any pre-authorisation will be advised via email by us to you 24 hours prior to dispatch.
4.4 A bond may be required which shall be refunded upon return of the Piece free of any defect, shortage in quantity or damage.
4.5 The payment due date will be written on our Invoices. At our discretion:
4.5.1 We may accept payment by direct debit, bank transfer, credit card (Mastercard and Visa only) or electronic funds transfer.
4.5.2 We may request payment be made in full upon booking the item or before dispatch; or
4.5.3 We may permit payment to be made by instalments in accordance with our payment schedule.
4.6 Payments will not be deemed received until that payment has been honoured, cleared or recognised.
4.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5.1 The Rental Period will commence and conclude on the dates listed on the Booking Confirmation.
5.2 We will deliver the Piece to you by courier on the commencement date.
5.3 Where a Piece is not made available for collection by our courier by the end of the Rental Period, we may charge you daily Late Fees until our courier collects the Piece.
5.4 Late Fees shall be charged in 24-hour blocks at 1.5 times the Piece’s daily hire rate for a maximum of seven days from the end of the Rental Period.
5.5 If a Piece is not returned to us within seven days of the end of the Rental Period, you will be liable for and must pay to us the Estimated Value of the Piece.
5.6 You hereby authorise us to charge Late Fees and/or the Estimated Value against the payment method held by us for the purpose of the original hire by you.
5.7 When calculating overdue days, we shall not count weekends or Public Holidays or any days our courier is unavailable to collect the Piece.
6.1 Delivery of the Piece shall be deemed to have taken place:
6.1.1 Upon confirmation of delivery by our courier to you or a third party nominated by you; or
6.1.2 In the event you have elected "Authority to Leave", confirmation that the Piece has been left at the nominated delivery address.
6.2 We will elect the most direct and secure shipping method to ensure your order is delivered on your requested date. Shipping is calculated at the online checkout. This fee includes the delivery to you and the return to us. The pre-paid return label will be included in your delivery.
6.3 You shall make all necessary arrangements to accept delivery of the Piece on the nominated day and time. If we are required to redeliver a Piece, you will be liable for the cost of the redelivery.
6.4 You shall return the item directly to an Australia Post store or depot to post back the item over-the-counter on the "Return on" date. If you can not get to an Australia Post office you may return the parcel via a yellow Australia Post Express Post street postbox. This is at your own risk. If the parcel is lost and is never scanned by Australia Post, you will be liable for replacement. Similarly, if the item arrives back much later than expected, the date of the first scan on the tracking may be used as the date it was posted back when calculating late fees.
6.5 You hereby authorise us to charge all redelivery and rescheduled collection costs against the payment method held by us for the purpose of the original hire by you.
6.6 Any delivery time or date given by us to you is our best estimate. You must accept delivery of the Piece outside of that time or date and we will not be liable for any loss or damage incurred by you as a result of the delivery being delayed for any reason whatsoever, including a force majeure event.
7.1 All risk for the Piece passes to you upon delivery and you accept full responsibility for the safekeeping and care of the Piece.
7.2 If a Piece is lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission by you then you will be liable to pay the Established Market Value of the Piece in addition to the charges for the Rental Period.
7.3 To prevent the potential use of fraudulent credit cards (or other payment types), we reserve the right to request proof of identity for any orders and orders may be cancelled at any time at our sole discretion.
8.1 The Piece is and will at all times remain the absolute property of Style Vault. Title to the Piece does not pass to you under any circumstances.
8.2 If you fail to return the Piece to us within seven days of the end of the Rental Period, then we may or our agent may (as the invitee of you) enter upon and into land and premises owned, occupied or used by you, or any premises where the Piece is situated or believed to be situated for the purposes of taking possession of the Piece.
9.1 You shall inspect the Piece on delivery and shall within 6 hours of receipt of the Piece notify us (by phone or email) of any alleged defect, shortage in quantity, damage or failure to comply with what was ordered.
10.1 Cancellation requests must be submitted through our website as soon as possible.
10.2. Cancellations submitted more than 72 hours prior to the Rental Period are free of charge.
10.3 Cancellations submitted within 72 hours of the Rental Period attract a $15 cancellation fee which will be applied to your account.
10.4 Cancellations submitted after the Rental Period commences will not be accepted. A Refund Request must be submitted through Our website.
10.5 We may cancel an order at any time before the Rental Period by giving written notice. We shall refund to you any sums paid in respect of the Price. We shall not be liable for any loss or damage arising from such cancellation.
11.1 You shall:
(a) immediately notify Style Vault of any loss, theft or damage to the Piece that occurs during the Rental Period.
(b) Use the return packaging provided and follow the instructions given to return the Piece. If for any reason you aren't able to attend an Australia Post store or depot to post back the item over-the-counter on the "Return on" date, you may return the parcel via a yellow Australia Post Express Post street postbox. This is at your own risk. If the parcel is lost and is never scanned by Australia Post, you will be liable for replacement. Similarly, if the item arrives back much later than expected, the date of the first scan on the tracking may be used as the date it was posted back when calculating late fees.
(c) keep the Piece within your sole possession and control; and
(d) not alter, make any additions or changes to or attempt to repair any damage to the Piece.
12.1 You hereby indemnify us from and against all costs and disbursements incurred by us in recovering any debt owed by you to us, including but not limited to legal costs, collection agency costs, internal administration costs and bank dishonour fees.
12.2 If you breach any of these terms and conditions (including a breach of your payment obligations), we may enforce any of our rights arising from such breach including but not limited to commencing Court action, repossessing the Piece and suspending or terminating the supply of future Pieces to you.
12.3 We will not be liable to you for any loss or damage you suffer because we have exercised our rights under this clause or due to any third-party default or force majeure event.
12.4 We shall be entitled to cancel all or any part of any order which has not been fulfilled.
12.5 In addition to and without prejudice to any other remedies we may have, all amounts owing to us shall become immediately due and payable if:
(a) any payment becomes overdue or you advise you are unable to meet your payments as and when they fall due; or
(b) you become insolvent, you are served with a creditor’s petition or creditor’s statutory demand, you convene a meeting of your creditors, you propose or enter into an arrangement with your creditors or make an assignment for the benefit of your creditors; or
(c) a trustee in bankruptcy, receiver, manager, voluntary administrator, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any asset of yours.
