Blossom

By hiring from My Dress Circle (MDC), you are accepting and consenting to the practices in these terms and conditions provided on www.mydresscircle.com.au

My Dress Circle reserves the right to change these Terms from time to time at its sole discretion. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Australian Consumer Law.

1. Definitions

1a) “MDC” (“we”, “our”, “us” “owner”) means the My Dress Circle group trading as My Dress Circle (ABN 14825623271) or any person acting on behalf of and with full authority of MDC.

1b) “Client” “Higher” (“renter”, “customer”, “you” or “your” means the Client or any person acting on behalf of and with authority of the Client and/or the ‘cardholder”. The ‘cardholder’ (being the person that either books the garment or pays for the garment) is incorporated into the definition of the Client (and is considered as the Client in addition to the person that wears the garment).

1c) “Garment” means all Garments (including any fashion accessories) supplied on hire by MDC to the client in accordance with these terms.

1d) “Hire Period” means the period that the client booked the Garment for starting from the day the Garment is picked up by the Client from MDC Boutique, to the day the garment is returned to our nominated dry cleaner.

1e) “Hire Fee” (“hire price”, “price”) means the cost of the hire garment inclusive of GST as agreed between MDC and the client.

2. Acceptance (general and minors)

2a) The following circumstances constitute your acceptance of these Terms:

• Your signature (whether electronic or actual); or
• Your confirmation (whether electronic or actual); or
• Your conduct (either express or implied); or
• Any instructions received by MDC from the Client which a reasonable person would believe constitutes acceptance of these Terms.

2b) Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments in connection with Hire Fees due and owing to MDC.

2c) Upon acceptance of these Terms by the Client, the terms are binding and irrevocable and can only be amended with the written consent of MDC.

2d) If you are 13 or older but under the age of 18, you represent and warrant in favour of MDC that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, even if we do not do this, we will assume that this is the case and will provide access to our services on this basis.

3. Bond

3a) At MDC’s sole discretion a bond may be required, payable at the beginning of the Hire Period, at the time of pickup from MDC Boutique, which shall be refunded upon return to MDC after the dry cleaning in a condition acceptable to MDC in our sole discretion.

4. Hire Period and Late fees

4a) Where the garment has not been returned on the due date then MDC shall be entitled to charge additional Hire Fees until the garment is returned. The Client expressly authorises MDC to deduct such additional Hire Fees from the Clients credit card which was provided at the time of placement of the Client’s order. Such additional charges shall be charged at a fixed rate of $30 per day. The Client agrees that this is a genuine pre-estimate of the loss which MDC may suffer as a consequence of the late return and is reasonable.

4b) If the Client pays MDC an amount equal to 200% of the recommended retail value in late fees and the Client still has the item in their possession, the item is the Clients to keep.

5. Dry Cleaning

MDC has an agreement in place with Petal Fresh Dry Cleaning ‘Shop 1/225 Main Street, Osborne Park”, the Client receives a reduced rate for the cleaning of the garment. The fee will be between $28 and $35, if the dress has staining additional charges may apply at the discretion of the Dry Cleaner. The Garment is to be returned to Petal Fresh on the next business day after the event between the hours of 8am-5.30pm.

6. Risk/Responsibility

6a) MDC retains property of the Garment nonetheless all risk for the Garment passes to the Client on pickup/delivery.

6b) The Client accepts full responsibility for the safekeeping of the Garment.

6c) If the Garment gets lost, stolen or damaged, whether or not such loss, theft or damage is attributable to any negligence, failure or omission of the Client then the Client will be liable to pay for replacement of the item. The rental fee already paid for the garment will not be deducted from the cost of replacement item.

7. Title to Hired Garment

7a) The Garment is and will at all times remain the absolute property of MDC.

7b) If the Client fails to return the Garment to MDC then MDC or MDC’s agent may (as the invitee of the Client) enter upon and into the land and premises owned, occupied or used by the Client, or any premises where the Garment is situated and take possession of the Garment.

8. Defects

8a) The Client shall inspect the Garment on pickup and notify of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.

8b) The Client acknowledges that the Garments which they are hiring from MDC may not be in their original condition and therefore may be subject to general fair, wear and tear.

9. Sizing Issues/Returns/exchange/cancellations

9a) The Hire Fee in connection with the garment is strictly not refundable under any circumstances. Store credit will not be issued.

9b) The Garment is not transferable to another Garment, Date or Person.

10. Clients Responsibilities

10a) The Client shall:

• only use a smooth clutch purse or bag, damage caused by rough or abrasive bags will not be tolerated eg- pulls or pilling.
• ensure jewellery worn is smooth, rough or abrasive jewellery can cause pulls or holes.
• ensure that if a corsage is worn that it does not contain wire.
• immediately notify MDC of any damage to the Garment that occurs during the Hire Period.
• on termination of the hire, return the Garment in person, complete with all accessories, in good order as given, to MDC.
• pay the Hire Fee in full (if and when due) in accordance with these Terms:
• keep the Garment in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Garment;
• not alter or make and additions to the Garment or in any other manner interfere with the Garment.

11. Cancellation

MDC may cancel these Terms or cancel the hire of the Garment at any time before the Garment is delivered by giving written notice. On giving such notice MDC shall repay to the Client any sums paid in respect of the Hire Fee. MDC shall not be liable for any other loss or damage howsoever arising from such cancellation.

12. Default and Consequences of Default

12a) Without prejudice to any other remedies MDC may have, if at any time the Client is in breach of any obligation (including those related to payment) under these terms MDC may repossess the Garment or suspend or terminate the supply of the Garment to the Client and any of its other obligations under the Terms. MDC will not be liable to the Client for any loss or damage the Client suffers because MDC has exercised its rights under the clause.

12b) The Client indemnifies MDC from and against all MDC’s costs and disbursements including legal costs of a solicitor and own client basis incurred in exercising rights under the clause.

Signature Natalie Rolt gown with gathered triangle bust design. The gown has an elastic waist which ensures comfort and provides ease of fit for size 6 to 10. Generous leg split and long adjustable straps. Made from sandwash silk, this gown has a matte finish.