TERMS AND CONDITIONS

Thank you for visiting The Luxe Closet. We are thrilled to offer our designer range of garment, millinery and accessories for hire as part of our dedication to sustainable fashion.

Your use of The Luxe Closet website and social media pages (our Website) and any order you place to hire items featured on our Website (Items) each tell us that you have agreed to these Terms and Conditions (Terms) which form a legally binding agreement between The Luxe Closet (ABN 33 631 104 879) (we, us, our, or The Luxe Closet) and you. If you do not agree with the terms and conditions on which we offer our service, you should not place an order with us. 

OUR SERVICES

We offer our designer range of garment, millinery and accessories for hire. 

Our standard package includes hire of the Item(s) selected by you, local pickup from our boutique or postage to your specified address with a return envelope and a standard cleaning fee. 

BOOKINGS

Booking requests are submitted via our Website. Your full name, address, email, credit card details and proof of payment are required to confirm your booking. Booking of Items is not final until payment is received by us. There are no holds on Items.

LOCAL PICK UP AND TRY-ONS

Local pick-up and try ons are via our boutique, Shop 4, 130-134 Shannon Avenue, Geelong West. Times are booked via our website.

HIRE PERIOD

The standard hire period for all Items is either 4 days comprising Friday to Monday or an 8 day period starting on any day unless otherwise agreed in writing by The Luxe Closet. All Items are to be returned by 12pm on the day falling at the end of the hire period. If an extended hire period is required, please discuss this with us prior to booking and making payment. An extension is not to be deemed to be given unless we agree in writing. 

If you are receiving the Items via post, your delivery will include a prepaid return label and reusable satchel with return details prefilled (be mindful of this when opening package). Please place the Items in the envelope provided and return to an Australia Post outlet by 12pm on the final day of the hire period. Please ensure you lodge your returns inside your local post office, not via the yellow post box (as this can cause delays).  

The Items must be returned in the packaging provided by The Luxe Closet. If you lose the return envelope, it’s your responsibility to return the item via trackable express Australia Post and provide us with the tracking number. If your return day falls on a public holiday, please return by 12pm on the following business day. 

If you don’t return via an Australia Post outlet, the item is not scanned and is lost by Australia Post, you accept full responsibility for this loss and you will be required to pay the full Retail Price of the Items as listed on the Website at the time of hire. 

Items may also be returned to the boutique by 12pm on the final day of the hire period via our return chute. 

CLEANING 

You do not need to have the Items cleaned before they are returned to us. We will take care of this and a standard cleaning fee is included in the hire price. However, the standard cleaning fee does not include removal of soilage or stains including without limitation those caused by fake tan, makeup, food or mud. We understand accidents happen, but those accidents involve extra cleaning costs for which you are liable. Please notify us of any stains or other damage to Items which occur during the hire period and provide us with photo evidence. Do not attempt to clean or repair yourself under any circumstances.

LATE FEES

Late Fees will apply if Items are not returned in accordance with our requirements. A late fee of $30 per day will apply until the Item(s) are returned. After 14 days, you will be liable to pay the Retail Price and an additional $150 administrative fee to cover our time, cost and loss associated with the late return. 

 DAMAGE & THEFT 

Please treat our Items with care. Be mindful of fake tan, make-up and anything else that may cause damage to Items. You must not alter or make any additions to Items. 

If any Item is damaged when it is returned, you will be responsible for paying all repair/alteration and cleaning fees required to return it to the condition it was in when hired to you. If the dress is damaged beyond repair the customer will be charged the full Retail Price of the item as listed on our website.

The Items are and will at all times remain the absolute property of The Luxe Closet and your right to use the Items arises solely from and is subject to these Terms. Hire is a personal right to the hirer only and they are the only person permitted to wear the Item. 

If any Item is lost or stolen the customer will be charged the full Retail Price of the Item. 

RESTRICTIONS ON ITEMS

We may choose to limit Items to specific geographical areas. 

By using our Website, you promise us that you are hiring the Items for your own personal use. We may limit the quantities of Items that any one person can hire, including via separate orders. You can email us if you have any enquiries about obtaining the Items for commercial use.

You are not allowed to use the Website or any Items for any illegal or unauthorised purpose.

Our Website is intended for an Australian audience. Our Website may not be compliant with the laws (including intellectual property laws) of any country outside Australia. If our Website is not compliant in your country, you must not use it.

ORDERS

You are responsible for providing accurate personal details at the time you make any order for hire. 

Please take care to enter the correct name, delivery address and delivery instructions at the time that you place your order. If you enter delivery information incorrectly, The Luxe Closet may not be able to make changes and/or we may need to charge you additional administrative and shipping fees for the time we need to spend to fix the mistake. Please email us immediately if you realise that you have entered incorrect delivery information after submitting your order and we will see what is possible.

PRICE

All prices on the Website are in Australian dollars and subject to change without notice. We may withdraw an Item from hire in our absolute discretion if there is an error in the pricing including after you have had a booking confirmation from us.

Prices are exclusive of GST and GST may be payable in addition to the price displayed. There may be transaction fees, payment processing fees and credit card fees depending on the payment method you choose and you are responsible for paying those.

Our prices do not include insurance or any extra attempts to deliver Items to you. If applicable, these will be charged to you and payment will be required in full prior to delivery.

PAYMENT

The Luxe Closet accepts payment via the payment methods included on our Website. All payment providers have their own terms and conditions which apply in addition to ours. It is your responsibility to read and accept them. 

In paying or attempting to pay for Items, you must not engage in any fraud or break any law.

After you pay for your order, you will receive a confirmation email which confirms your order. Your order is not binding on us until you receive this confirmation email.

If we do not receive cleared funds within 48 hours of your order, we will email you at the email address nominated in your order to communicate about your payment. We may choose to cancel it.

ADDITIONAL FEES AND CREDIT CARD CHARGES

All repair, alteration and cleaning charges are determined by our dry cleaner using their standard rates.

All additional fees including repair, alteration and cleaning charges, late fees and administrative fees as described in these Terms are payable by you. By entering into this hire agreement with us, you authorise us to make those additional charges to your credit card held on file. We may also elect to issue you with an invoice. Those invoices are payable within 7 days.

In all circumstances, your liability is capped at the Retail Price of the affected Item(s) plus an administrative fee of $150 to cover our time, cost and loss in arranging repairs and additional cleaning, securing replacement Item(s) and lost hire opportunity. The Luxe Closet reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party debt collection agencies. 

ITEMS

Descriptions of Items are subject to change at any time without notice. We may discontinue any Item at any time. 

Whilst we make every reasonable effort to display Items as accurately as possible, the colours and images of Items as they appear on our Website may vary from how they appear in person. We cannot guarantee that your device will display any colors and images accurately.

We do not make any promises that any specific Items will be available or accept any liability if they are not available or are delayed for any reason. 

Our liability to you for any incorrect listings is limited to amending or withdrawing that Item once we are made aware of it. 

SHIPPING

Shipping is either via Australia Post or our network of couriers which we use at our discretion. The cost of shipping includes a return express post reusable satchel and label. Customers will be sent a tracking number once the Items are posted.  

We cannot guarantee delivery times and unfortunately we cannot offer refunds for postage delays. However, you should contact us if you have not received your delivery within the following timeframes:

• Express shipping: between one (1) and three (3) days of us notifying you that your order has been shipped.

This means that orders placed within 3 days of your intended wear is not guaranteed and if you provide 3 or less days’ notice, this is at your own risk and no refund will be offered. Additionally, there may be times where shipping will take a little longer (for example, during peak times such as promotional periods, Christmas or in the case of delivery interruptions). If we receive notification of a delay, we will notify you as soon as practicable. If you have not received your Items within our suggested timeframes, please email us with your full name and order number, and we will investigate on your behalf.

In most circumstances, postal orders placed before 2pm will be posted that day. 

DELIVERY

If there is noone at the delivery address and no arrangements have been made for someone to accept delivery, the Items may be left at the delivery address, whether or not you have instructed us to do so. Alternatively, our delivery partner may return the item to a depot and either try to deliver again later or require that it be collected from a depot. Risk in the Items passes to you when it is left at the delivery address or collected from a depot. 

DAMAGED, LOST OR INCOMPLETE ORDER

Should your order be damaged, lost or incomplete, please email us immediately so that we may assist you. 

CANCELLATION OF ORDERS

1. Cancellations by You

• You may cancel your hire order and receive a full refund only if we receive written notice more than 7 full days prior to your hire commencement date.
• The 7-day period is calculated by counting back 7 full calendar days from the hire commencement date.
• Cancellations made 7 days or less before the hire commencement date (including the 7th day prior) are not eligible for a refund, as we lose the opportunity to rehire the item.

Example:
If your hire commences on Thursday 26th, you must cancel no later than Wednesday 18th to be eligible for a refund.
Cancellations made on Thursday 19th or later are not eligible for a refund.

2. Cancellations by Us

If, for any reason, we are unable to provide the item(s) in your order, we may cancel your order (in full or in part).

In this instance, we will refund any money paid for the affected item(s).

3. Limitation of Liability

You are not entitled to claim compensation for any loss, expense, damage (direct or consequential), loss of time, or inconvenience arising from a cancellation, whether initiated by you or by us.

4. Store Credit

At our discretion, we may offer store credit in place of a refund. Any such offer will be clearly communicated at the time of cancellation.

RETURNS & REFUNDS - HIRE 

The Luxe Closet unfortunately does not offer refunds for sizing errors, change of mind or cancelled events. This is because once you have booked an Item, it has been made unavailable to be booked by other customers and we will have lost the opportunity to receive the hire fee. 

Our Items are carefully inspected prior to delivering to our customers. Customers acknowledge they are second-hand Items that have been worn by other people therefore some minor wear and tear is expected. We do not provide refunds for such normal wear and tear. 

It is the responsibility of the customer to inspect the Item(s) after they have been collected or received via post. The customer must notify within 3 hours from time of pick-up of any faults to The Luxe Closet with photo evidence. If faults are deemed minor and in line with what is expected with a hire item, you will be required to continue with the hire. If the Item(s) are unwearable then the customer is eligible for a full refund provided evidence of immediate return postage is provided. The definition of minor and major fault is at the discretion of The Luxe Closet, acting reasonably. If The Luxe Closet is not notified on the same day of pick-up/delivery of any faults it will be assumed the customer is satisfied with the condition.  

Nothing in this paragraph reduces your entitlement to a refund in the circumstances required by the Australian Consumer Law. 

We will not be able to offer you a repair, refund or replacement if you have modified any Item, or used any Item contrary to user instructions, packaging labels and/or these Terms.

Retail Purchases

Full Price Items

Full price retail items, including shoes and jewellery, may be returned within 7 days of receiving your order for either a refund or exchange, provided the item is:

• Unworn and unused
• In original condition
• Returned with all original packaging and tags intact

Sale Items

Items purchased on sale are not eligible for a refund.
Sale items may be returned within 7 days of receiving your order for an exchange only, subject to availability.

Earrings

Due to hygiene reasons, earrings are considered a final sale and are not eligible for refund or exchange.

If you would like further information regarding the condition of an item prior to purchasing, please feel free to contact us and we will happily provide additional details.

Return Shipping

Customers are responsible for the cost of return shipping unless the item is deemed faulty or incorrect.

Faulty Items

If you believe your item is faulty, please contact us within 48 hours of receiving your order so we can assist in resolving the issue.

EX HIRE SALES 

Where we offer ex-hire Items for sale, these Items are sold with all present defects. All sales are final and no refunds are issued for those defects. It is your responsibility to inspect an Item before you buy it to make sure you are happy to go ahead. 

GIFT VOUCHERS

All Gift Vouchers, including those purchased in-store, are subject to the following terms:

i. Gift cards are non-refundable.
ii. Lost or stolen gift cards cannot be refunded or replaced.
iii. Gift cards are valid for 3 years from the date of issue.
iv. Partial use of a gift voucher is allowed, and any remaining balance will be available for future use.
v. Gift cards cannot be reloaded.
vi. For cancellations of orders paid with a gift voucher, a credit note will be issued if the cancellation falls within the refund period of our cancellation policy.
vii. Gift vouchers may be used for any purchase except where otherwise stated (e.g., specific products, sales, or promotions).
ix. Gift vouchers are issued in Australian Dollars  and may not be usable internationally.
x. Multiple gift vouchers can be used in a single transaction unless otherwise stated.
xi. Gift voucher usage is monitored for fraudulent activity, and any misuse may result in cancellation. 

INTELLECTUAL PROPERTY

We are the sole owner or licensee of the Website and all intellectual property rights associated with the Website (including copyright in its content, and ownership or a licence of all logos, images and source code). You may not copy, reproduce or modify any part of our Website for any purpose except where we give you our prior written consent.

When you submit any content to us (User Content), you grant us a worldwide, irrevocable, perpetual, non-exclusive royalty free licence to publish, use, view, copy, adapt, develop, modify, distribute, licence, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Website.

USE OF SITE

We cannot guarantee that your use of our Website will be uninterrupted, timely, secure or error-free. There are instances where we may need to remove the Website for indefinite periods of time without notice to you or remove it altogether.

You are solely responsible for any information that you transmit to us. We use our best endeavours to maintain the security of the Website, however we do not make any guarantees about the security of the Website, our records, or any information you submit to us. We exclude all liability for any computer virus or technological problems or other loss that you may suffer as a result of the browsing or downloading of any files from our Website, or from any data breach, compromise or misuse of your data that is provided to us in connection with the Website.

In order to use the Website, you need to connect to the internet and you are solely responsible for your connection and all fees associated with that connection and access.

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Website only as described in these Terms. All other uses are prohibited without our prior written consent.

Content on our Website is provided on a no liability basis. We do not promise that the information we publish is correct, complete or up to date.

Your use of the Website including submitting any enquiry form, order or information to us is not intended to create, nor does it create a contractual relationship of any kind between us. This only occurs once we have expressly agreed in writing to accept an order, enquiry or client booking and in those circumstances, additional terms and conditions may apply. 

You must not use the Website for any purpose other than getting information about our business, and topics we write about or placing orders for Items. When using the Website, you must not act fraudulently, or provide us with false, inaccurate or misleading information. You must not use the Website in a manner which could infringe anyone’s intellectual property rights, damage, disable, overburden or impair the Website or interfere with any other user’s use and enjoyment of the Website. You must not transmit viruses or other disabling features, or damage or interfered with our Website using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Website.

You must not do anything which we consider inappropriate or which might bring us into disrepute including (without limitation) using our Website to in any way defame, harass, threaten, menace or offend any person, breach any person’s privacy or any other legal rights, interfere with any other user of our Website or do anything which may breach a law or court order.

INDEMNITY

You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all Items and products and services delivered to you through the Website are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement except to the extent that those warranties cannot be excluded under the law.

We do not warrant that the quality of any Items, services, information, or other material purchased or obtained via our Website will meet your expectations, or that any errors will be corrected. 

To the maximum extent permissible by law:

a) our liability to you is limited to the fees you have paid us for the Items or the cost of having the Items provided again, whichever is higher; 

b ) if you have not paid any amounts, our liability is limited to $100;

c) we will not be liable for any delay or failure to perform our obligations if such delay is due to any circumstances beyond our reasonable control;

d) The Luxe Closet is not liable for any injury, death, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost opportunity, lost savings, loss of data, replacement costs, psychological or emotional distress, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from: 

i. any circumstances we have lawfully excluded in these Terms;
ii. any errors or omissions in any Website content; 
iii. any delays or failure in relation to delivery of the Items; 
iv. your use of the Website; 
v. your use of any Items procured using the Website; 
vi. any loss or damage of any kind incurred as a result of the use of any Item;
vii. your breach of these Terms or other unlawful act or omission;
viii. any other claim related in any way to your use of the Website or any Item, 

even if we are made aware of the possibility of loss, damage or claim; and

e) You agree to indemnify, defend and hold harmless The Luxe Closet from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your breach of any law or the rights of a third party.

In this paragraph, The Luxe Closet includes our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors

Our Website may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites. Those websites will have their own terms of use which you should familiarise yourself with and ensure you agree to them.

VARIATIONS

We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an order or access the Website are the ones on the Website at the time of that order or access.

ASSIGNMENT

We may assign these Terms of Use to any other person at any time. If we do so, we will post notice on our Website.

GOVERNING LAW

The laws of Victoria, Australia govern these Terms. Where the Australian Consumer Law is applicable to your use of the Website or purchase of Items, our policies are to be read subject to that law, with any modifications as set out in our policies which are not made contrary to that law. 

Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.

PRIVACY

Your personal information is managed in accordance with our privacy policy. 

ENQUIRIES

Please email us at info@theluxecloset.com.au if you have any questions about these Terms.

These Terms of Use were last updated on 31 July 2023.