Terms and Conditions
- INTRODUCTION
This website is operated by Maryanne Franjic ABN 9517 094 5616 trading as Just My Style. These terms and conditions (Terms) apply to the use of this website and any Services provided through the website with the domain name http://justmystyle.com.au (Website).
These Terms of Use constitute a binding legal contract between you and Just My Style. These Terms of Use apply to you whether you are browsing or are a customer of Just My Style.
The Terms of Use in force at any time are published on the Website and you will be taken to have accepted them by accessing or using the Website.
-
DEFINITIONS
- In these Terms of Use “you”, “your” and “client” refer to all users of this Website and “we”, “us” and “our” refer to Just My Style. References to users must be read as being also a reference to customers of Just My Style.
- Garment means any and all clothing apparel supplied on hire by Just My Style to the client.
- Rental Price means the cost of hiring a Garment from Just My Style as published on this website at the time of hiring the Garment and includes GST (where applicable).
- Rental Period means the four (4) or eight (8) day period (as selected by You) that the Garment is on hire to You. This period commences on the Delivery Date and concluding on the Rental Return Date.
- Delivery Date means the date selected by You for the Garment to be delivered to You.
- Delivery Fee means the fee charged by Just My Style for the delivery of the Garment to You.
- Rental Return Date means the final date by which the Garment is to be posted back to Just My Style.
- Retail Price (RP) means the fee payable by You for not returning a Garment.
- AMENDMENTS TO TERMS
If Just My Style develops revised terms of use then on their publication on the Website they will supersede those they replace. If you subsequently access or use the Website you will be taken to have accepted the revised terms of use.
If you do not agree with the terms of use applicable from time to time, do not access, use, submit information to or download from this Website.
- REGISTRATION AND ORDERING
To rent garments from the website you may register or checkout as a guest. As part of the both processes You are required to provide Your name, contact details, email address and delivery address. To complete an order You will be required to supply credit card details to provide payment to Just My Style. When you complete the order you authorise Just My Style to charge You through the payment method you have selected, immediately upon receiving the order.
When registered Your login details will be the email address and password you have selected. You agree to keep Your password secure. You are fully responsible for all loss and damage resulting from Your failure to protect Your password or failing to inform Just My Style of a change in Your details (including but not limited to, changes in address or phone number). You also agree that Just My Style is not liable for any loss or damage arising from Your failure to keep Your password secure or Your failing to inform Just My Style about a change in Your details.
When ordering as a registered user or as a guest, you represent that You are at least 18 years old and have the power and authority to enter into a binding contract with Just My Style and are authorised to use the chosen method of payment with the purpose of renting the Garments on order.
Just My Style reserves the right to terminate Your membership at any time and for any reason including if Just My Style believes that You have breached any of these Terms, or that any of the information that You have submitted to us is untrue.
- RENTING FROM JUST MY STYLE
- Renting Garments
You may rent Garments on Just My Style by selecting available dates on the date picker and adding the Garment to Your shopping cart. By clicking “Add to Cart”, You agree to pay all fees and charges associated with the rental of the Garment. When You place an Order and the Order is accepted, You will receive an e-mail confirming receipt of Your Order. The Rental Price will be the rental fee, delivery fees and and additional charges listed on the Website in relation to your rental of Garments. Ownership and Title of any rented Garment remains with Just My Style at all times.
Just My Style reserves the right to charge a fee for use of certain credit cards.
If for any reason the Garment becomes unavailable due to late return or damage by another user, Just My Style will notify You as soon as reasonably possible. In that event, You can either receive credit at Just My Style for the rental amount or have the debited funds remitted to Your credit card.
- Price
The rental price is calculated according to the Rental Period selected by the User, however, errors may occur in the listing of the prices and Just My Style reserves the right at any time to cancel the transaction, even when Your Order has been confirmed and Your credit card has been charged. In such circumstances, any debited funds will be remitted to Your credit card.
At Just My Style’s sole discretion a bond may be required that shall be refunded upon return of the Garment in a condition acceptable to Just My Style.
- Delivery of Garments
Just My Style will arrange for the delivery of the Garments to the delivery address nominated by You (Delivery Address). Risk in the Garment passes to You upon delivery to the Delivery Address and terminates upon receipt of the Garment from You by Just My Style. All delivery dates and times provided by Just My Style are estimates only. You agree that a delay will not entitle You to terminate the Order and/or to claim for any consequential loss or damage. Just My Style may refuse delivery of the Garment if it reasonably considers the Delivery Address to be too remote or inaccessible, or if the delivery address is a PO Box or any other unattended mailing address. Just My Style uses Australia Post and as such delivery depends on availability of the Australia Post Express Delivery service.
- Getting the wrong size
If a Garment does not fit you when it is delivered, you may return the unworn Garment to Just My Style within 24 hours of receiving it. You must contact Just My Style within 3 hours of receiving it and, where possible, an alternate size of the dress can be provided (additional shipping costs may apply). When an alternate size is not possible Just My Style will provide You with a credit for the rental price paid minus the shipping costs.
- Lost, Stolen or Damaged Garments
Just My Style expects every client to treat garments as they would their own dresses, with care and respect. If the Garment is damaged You are required to inform Just My Style as soon as it occurs and You will be charged any repair costs as decided by Just My Style. You must not attempt to fix damage without the approval of Just My Style. You will still be required to return the Garment on the Rental Return date. If Just My Style decides the Garment is damaged beyond repair You must pay the full Retail Price listed on the Product page, minus the hiring fee. This must be paid to Just My Style within a period of 6 weeks.
If the Garment is soiled or marked in any way that is not removed in the standard dry clean process You may be charged additional cleaning fees as decided by Just My Style.
If the Garments are lost or stolen whilst within Your possession or control, You will be charged the full replacement value (Retail Price) of the Garments, and an additional $50 administration fee.
If the Garments do not accord with Your order or if it is alleged that they are defective or damaged, You must notify Just My Style at info@justmystyle.com.au of any claim within 2 hours after receipt of the Garments. Where Garments are defective or damaged, Just My Style may, at its sole discretion, request for the return of those Garments and provide You with a Credit to the value of the Rental Charges, and/or issue You a refund for the amount charged for borrowing, provided that the Garments have not been worn, used, soiled or otherwise further damaged.
- Return of Garments
You must ensure that the Garments are returned to Just My Style in the same condition delivered to You (excluding fair wear and tear), by the date advised by Just My Style and returned using the pre-paid return postage envelope or other means provided to You by Just My Style.
The Just My Style rental period is four days or eight days (the first day being the date of attempted delivery of the Garments to You). If You keep the Garments for more than your nominated rental period, then You will be charged an amount equivalent to the Rental Charges for every four day period or part thereof, up until twenty (20) days, for which the Garments are not returned to Just My Style. If you do not return the Garment within twenty (20) days of the due date, the Garment will be considered non-returnable and You will be charged 150% of the Retail Price listed on the Garment product page.
- Cancellations
Cancellations with over seven (7) days notice will incur no cancellation fee and a store credit for the full amount can be issued.
Cancellations with less than 7 days notice will incur a $50 administration fee with the remainder available for a partial store credit.
- Additional costs and Collections
By completing an order with Just My Style you agree to pay any additional costs as outlined in these terms and conditions within a period of six (6) weeks. If you do not pay any amounts owed to Just My Style, we will pass on any outstanding, invoice for collection to pursue the outstanding amounts and you agree to pay, without limitation, any collection fees and any legal fees in addition to the outstanding invoice amount.
- COMPLAINTS
As part of Just My Style’s service to You, if You have any problem concerning Your Order (whether as to quality, fitness for purpose, delivery, quality, quantity or otherwise of the supplied Garments), You should direct Your complaints and enquiries to info@justmystyle.com.au
Notwithstanding clause 6.2(a), to the extent permitted by law, You hereby release, discharge, and shall defend, indemnify and hold harmless Just My Style, its officers, employees, servants and agents from and against any and all damage, loss, cost, expense or liability incurred by, and/or any claims or demands (including the cost of defending or settling any action, claim or demand) Claims against Just My Style its servants or agents arising or resulting from:
- any Liability You may suffer;
- any dissatisfaction with or dispute concerning any Garment; or
- the failure or alleged failure of any Garments redeemed to satisfy any law, regulation, condition, warranty or other representation (whether such condition, warranty or representation is express or implied).
- GENERAL
- You agree to use the Website for lawful purposes only. You must ensure that Your access to the Website is not illegal or prohibited by any laws that apply to You. You must take Your own precautions to ensure that the process that You employ for accessing the Website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. For the removal of doubt We do not accept responsibility for any interference or damage to any computer system that arises in connection with Your use of the Website or any linked Website.
- You must indemnify us and our related bodies corporate and our officers and employees against any claim by a third party arising out of a breach of these Terms either by You or by any person using Your account.
- You may not without our written permission on-sell information obtained from this Website or use it for commercial purposes.
- You must ensure that Your access to this Website is not illegal or prohibited by any laws which apply to You or which apply in the location from which You are accessing this Website.
- Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst We strive to protect such information, We do not warrant and cannot ensure the security of any information that You transmit to us. Accordingly, any information that You transmit to us is transmitted at Your own risk. Nevertheless, once We receive Your transmission, We will take reasonable steps to preserve the security of such information.
- Termination of access. Access to this Website may be terminated at any time by Us without notice. Our disclaimer will nevertheless survive any such termination.
- Limitation of Liability. To the extent permitted by the law, Just My Style expressly excludes all conditions and warranties. Just My Style is not liable in respect of any indirect, punitive, special, incidental or consequential damage in connection with or arising out of a breach of these Terms (including for loss of profits, use, data, or other economic advantage) that may be suffered or incurred in respect of a failure or omission on the part of Just My Style to comply with its obligations under these Terms.
- You must notify Just My Style within seven (7) days of the date of any disputed invoice or account. If You dispute an invoice or account You must continue to pay all other undisputed invoices and accounts and must not set off, suspend or withhold payment of them.
- Privacy Policy. We undertake to comply with the terms of our privacy policy.
- Without limitation to other provisions in these Terms, Just My Style may in its absolute discretion suspend or terminate Your access to the Website or Your account with Just My Style.
- Other
- All amounts quoted in the Website are in Australian dollars (AUD).
- Any waiver of our rights under these Terms must be in writing. If We waive any rights available to us under these Terms on one occasion, this does not mean that those rights will be waived on any other occasion.
- If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
- Nothing in these Terms is taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any party.
- We may transfer or sublicense our rights and obligations under these Terms but You may not.
- Just My Style may sub-contract all or any part of its performance of its obligations under these Terms to another suitably qualified person, or third party.
- Any communication or purported communication made by You or any person purporting to be You (whether fraudulent or not) can be relied upon by Just My Style as if it were given by You or with Your authority.
- If a provision or any part of the Terms is void or voidable or unenforceable or illegal but would not be void or voidable or unenforceable or illegal if it were read down and it is capable of being read down, it will be read down accordingly.
- Jurisdiction and Law. Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in the Australian Capital Territory. By accessing this Website You consent and submit to the non-exclusive jurisdiction of the Courts of the Australian Capital Territory in all matters arising out of or in connection with Your use of this Website and terms.
- Dispute Resolution. If You have a concern please contact Us at info@justmystyle.com.au. If We are unable to fully address Your concern We ask You to lodge a formal complaint in writing. We commit to responding to You within seven business days in an attempt to address and rectify any concerns.
How to contact us:
Questions about the Terms of Service should be sent to us at info@justmystyle.com.au
Terms and Conditions last updated on 9th November 2017
