LOVE WANT NEED HIRE – TERMS & CONDITIONS
The following terms and conditions constitute a legally binding document based on the rental agreement between the renting customer and Love Want Need Hire (LWNH). By contacting, hiring or browsing Love Want Need Hire’s website or social media, Love Want Need Hire will assume that you agree to and accept the following Terms and Conditions.
1. KEY TERMS
“Love Want Need Hire” (‘we’, ‘our’, ‘us’ or ‘LWNH’) means Love Want Need Hire, or any person acting on behalf of and with authority from Love Want Need Hire.
“Renter” (‘client’, ‘customer’, ‘you’ or ‘your’) means the person renting the garment/s.
“Garment/s” (‘item’, ‘clothing’) means all garment/s supplied for hire to the Renter by Love Want Need Hire.
“Hire Period” means the period that the Renter booked the garment/s for.
“Hire Price” (‘price’, ‘hire fees’) means the cost of the hired garment/s, Express Shipping fees and Additional Insurance option (if applicable) as agreed between LWNH and the Renter.
“Hire Return Date” (‘end of hired period’) means the date the garment/s is expected to be back at LWNH.
2. A SUMMARY – RENTER RESPONSIBILITIES
The Renter shall:
- Check the availability of the requested garment/s before booking online. The client is not entitled to any refund, exchange or credit after the 12-hour cancellation period should they fail to do this before booking
- Always treat the hired garment/s with utmost care taking care to avoid Velcro, pets (cats, dogs etc), food, drinks, and any other item catching/tearing/staining the garment/s
- Immediately notify LWNH of any damage to the garment that occurs during the hire period (in writing with photographs and a brief description of what happened)
- Keep the garment in their own possession and control and shall not assign the hire over to any other person under any circumstances
- Not alter or make any additions to the garment or in any other manner interfere with the garment including safety pins, stitching or heavy Hollywood tape etc
- Not iron or make any attempt to iron the garment/s
- Provide valid credit card information and drivers licence (both sides) to LWNH at the time of making any booking, automatically authorising LWNH to charge the supplied credit card a nominal amount, not to exceed one dollar ($1), or a similar sum to verify the supplied credit card (no garment/s are released to the Renter until this has been processed and no refund, exchanges or credit is offered if the Renter fails to provide such information in time for the hire period)
- Pay up to an amount of 200% of the entire original retail value of the product as set in the product description on the website to LWNH if the Renter’s commitments to LWNH as set forth in these Terms and Conditions are not upheld. Such circumstances include but are not limited to for the repair and/or replacement of any damaged, missing, stolen or unreturned garment/s and/or any part of the garment/s such as ties with Kimonos etc. The Renter authorises LWNH to charge this amount to their supplied credit card
- Be automatically subscribed to LWNH’s Marketing Campaigns (opportunity to unsubscribe will be provided and is up to the customer to arrange if so desired)
3. HIRE FEE
The ‘hire fee’ for the garment/s will be the hire fee and delivery fees and any additional charges listed on the website in relation to the client’s hiring of the garment/s. When you purchase a hire booking from LWNH, you authorise LWNH to charge your payment method for your hire fee. We will charge your payment method immediately upon receiving your order. Clients are required to supply a valid credit card and a drivers licence prior to securing a booking. Debit cards are only accepted at LWNH’s discretion. The client authorises LWNH to charge the supplied credit card a nominal amount, not to exceed one dollar ($1), or a similar sum to verify your credit card. The client’s hired garment/s booking is only valid after this information has been provided and the credit card verified. No refund, credit or exchange is provided if the client fails to do so in time for their requested/booked hire period. The client’s credit card and drivers licence will be kept in LWNH’s records for security purposes only. Clients personal sensitive data is securely saved and will be securely removed from our records after the garment/s is returned, dry-cleaned and inspected by LWNH staff. In addition to your hire order for a product, you authorise LWNH to charge your credit card (or hire fee payment method) up to an amount of 200% of the entire original retail value of the product as set in the product description on LWNH’s website. We only charge your credit card if/when you have not upheld your commitment to us as set forth in these Terms and Conditions.
Once a hire fee has been paid it is strictly non-refundable. Clients are given a 12-hour cancellation period beginning from the time of purchase where an exchange or credit is offered. Any cancellation within this 12-hour period will be refunded in full minus third party processing fees / surcharges. All fees are final.
As a Renter, you are responsible for returning the garment/s in the condition it was in when you received it. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you allow to access the Item. In addition to your hire order of apparel, LWNH reserves the right to charge your credit card (or hire fee payment method) up to an amount of 200% of the entire original retail value of the product as set in the product description on LWNH’s website. We only charge your credit card or payment method when you have not upheld your commitment to us as set forth in these Terms & Conditions. After being notified of the claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the Renter’s supplied credit card (and/or hire fee payment method). Should such a payment fail, the client is given seven (7) days to pay this cost (in full) in order to replace the garment/s. If unpaid, this fee will turn into a debt and will be passed onto our debt collectors. The Renter is liable for the recovery fees associated with this.
In the instance where a garment can be repaired for an amount less than the RRP, LWNH reserves the right to charge the client’s credit card or payment method this value. If the garment is booked for a back-to-back hire and cannot be fulfilled due to the delay in repair of the garment, the client is liable to pay an additional hire fee.
LWNH warn clients to be extremely mindful when using fake tanning products, perfume, makeup and to also be careful of anything catching or damaging the garment/s such as velcro, pets, jewellery etc. If a tear, pull, stain or any other damage prevents a garment from being rehired, LWNH reserves the right to charge the client’s credit card (or hire fee payment method) up to an amount of 200% of the entire original retail value of the product as set in the product description on the website. Clients must also be mindful of taking care of and safely returning any ties/belts/loose garment/s fittings such as Kimono Ties. In the event a Renter fails to return such items with the hired garment/s, LWNH reserves the right to charge the client’s credit card (or hire fee payment method) up to an amount of 200% of the entire original retail value of the product as set in the product description on LWNH’s website. If the Renter prefers not to take this risk, the Renter can opt to hire the garment/s without the tie (and/or garment’s otherwise loose item) but must notify LWNH of this request in writing at the time of making the hire booking.
LWNH reserves the right to recharge the client a hiring fee/ late fee for any garment/s that are not returned within the specified agreed hire period. The client accepts full responsibility for the safekeeping of the apparel for the entire time the garment/s is in their care, during the hire period and until LWNH confirms it appropriately returned (after dry cleaning and inspection).
LWNH treat every hire garment with the absolute utmost care and strive to ensure great condition. If the client disputes any product hired or service supplied by LWNH, the client must notify LWNH with their reasons in writing immediately after delivery or collection. The client loses any right to dispute the quality of the product or service if they fail to report it to LWNH immediately and/or after wear. Each garment goes through a checklist in which is examined by LWNH staff as well as a third-party dry-cleaning team, and it is therefore unlikely that any damages will be overlooked. Photographs are taken and recorded prior to each hire. If the client wishes to view these photographs, they can request to do so. Minor faults and postage fees are non-refundable.
5. DELIVERY AND RISK – CLIENTS WHO OPT FOR SHIPPING
LWNH cannot be held responsible for any Australia Post delivery delay or failure after they leave the Park Holme Post Office. It is the client’s responsibility to ensure the parcel can be delivered to the nominated address. Furthermore, it is the client’s responsibility to ensure the safety of the parcel once delivered. The client is not entitled to any compensation from LWNH of any nature for any loss, damage or delay.
It is the client’s responsibility to place the garment/s in the eco-friendly drawstring bag provided, before placing in the return express satchel (also provided) and lodging in an Australian Post office within the hire return period. Should the garment/s not be returned in the eco-friendly bag provided, a $30 fee will be charged to the client. Should a weekend hire garment/s be sent any later than the following Monday, late fee/s of $30 per day will be charged to the client. If LWNH is unable to fulfil another hire purchase due to the delay, LWNH reserves the right to charge additional hiring fees to the client. The client must pay such fees within 72 hours. In failing to do so, our debt collector will be appointed. The client will be responsible for all recovery fees associated with this.
6. HIRE PERIOD
We offer weekday hire from Monday-Thursday which is for a period of one day (24 hours) only and weekend hire (Friday-Sunday) which is for a period of the entire weekend. The hire fee remains the same. Extended hire periods may be arranged at the Renting Customer’s request and LWNH’s discretion.
7. RETURNING HIRED GARMENT/S
If you have opted for return express shipping, you will receive your garment/s in an eco-friendly bag and a return Australia Post Yellow Express Parcel satchel. You must place your garment/s back in this eco-friendly bag before placing it in the provided Australia Post Yellow Express Parcel satchel. You will note all return parcels have been pre-addressed to LWNH and have recorded tracking codes (movements are monitored by LWNH).
We require all weekend postal parcels to be return lodged to a post office no later than 12pm Monday (unless this falls on a public holiday, in which it must be lodged at the post office the next business day). The parcel must be handed to an attendant at your local post office and be scanned. This scan is important as it activates the insurance and shows us that the parcel has been lodged, as well as the time, date and location of the parcel. Only after the parcel has been scanned at the post office (upon returning) will the responsibility of delivery of the item be taken away from you and placed with Australia Post.
It is important to note, we charge a flat fee of $30 each day a return is late. Late fees are unavoidable.
It is your responsibility to look after the Australia Post Yellow Express Parcel satchel. A lost return postage satchel will be at your expense.
If you have opted for local pick up and returns, you will receive an email from LWNH with options for pick up and return dates/times prior to your hire date. Reply to this email with your preferred day and time (out of the options provided). It’s as easy as that!
8. LATE FEES
Weekend hire garment/s are to be returned no later than 6pm the following Monday (regardless of a public holiday, unless the client has opted for a postage hire in which case the parcel is to be lodged at Australia Post by 12pm the following business day).
Weekday hire garment/s are to be returned no later than 6pm the following day (regardless of a public holiday, unless the client has opted for a postage hire in which case the parcel is to be lodged at Australia Post by 12pm the following business day).
Each day a garment/s is late, $30 is charged to the client. Late fees cannot be paid by credits or gift vouchers. Late fees will be capped at 4 weeks or up to the RRP as stipulated on LWNH’s website – whichever is larger unless otherwise determined by LWNH in their sole discretion. LWNH reserves the right to charge the client’s supplied credit card (or hire fee payment method), or otherwise collect payment from the client and pursue any avenues available to LWNH in this regard, in situations in which the client has been determined, in LWNH’s sole discretion, to have returned items late. If we are unable to charge the credit card on file or otherwise collect payment from the client, the client agrees to remit payment for the additional hire period to LWNH. Unpaid invoices will be passed on to LWNH’s debt collector. The client will be responsible for all recovery fees associated with this.
Prices of products, services and delivery are current at the time of issue. These prices may change at any time and are subject to availability.
Your costs include:
- The Hire Fee (this includes basic dry cleaning)
- $30 Express Return Postage Fee (includes post insurance and tracking)
- $15 Insurance Option
All fees must be paid upfront in order to secure a date. These fees are non-refundable.
10. ACCEPTANCE & MODIFICATION
LWNH reserves the right to amend any and/or all of the Terms and Conditions at any time and without notice to you.
LWNH reserves the right to accept or reject your business for any reason including, without limitation, the clients hiring history, the unavailability of any product, an error in the price, or an error in your order. A client’s contract with LWNH comes into existence when it forwards the confirmation of your order and payment. LWNH does not reserve any item/s until the hire fee has been paid.
Simply select ‘Shipping’ at checkout to opt for your order to be delivered. Please note we do not accept accommodations such as hotels, hostels, Airbnb’s etc as delivery addresses on orders. The deliveries are deemed unreliable.
Your $30 shipping fee includes:
- The garment/s express shipped to you (with tracking and post insurance)
- A pre-paid Express Return Satchel (with tracking and post insurance)
13. INSURANCE OPTION
LWNH offers an Insurance Option which protects you from financial loss in the event of minor accidental damage. Please note this does not cover accidents or damages which completely ruin an item and there are exclusions to this policy. This Insurance will only protect you against such minor damages as:
- Broken zips
- Minor material splits
- Small holes
- Broken straps
- Loose or missing buttons/bells etc
- Removable stains
If the damage is deemed unlikely to have been caused by accident, this Insurance is non-valid. Common sense will prevail in the assessment of determining whether the damage is accidental and is at LWNH’s discretion. Such exclusions to this Insurance include but are not limited to:
- Alterations including safety pins, stitching or applying heavy Hollywood tape etc
- Ironing of the garment/s
- Cigarette burns/holes
- More than one small stain/mark/damage
- Irremovable marks/stains
- An excessively dirty item
- A visibly uncared for item
- Deliberate damage including large tears
- Catching of garment/s on sharp edges/velcro etc causing damage
- The non-return of a hired item
In the event of any of the above non-accidental incidents and/or if the hired garment is beyond repair, the client authorises LWNH to charge their payment method up to an amount of 200% of the entire original retail value of the product as set in the product description on the website.
The Insurance Option is only available to clients upon booking a garment prior to the event date and cannot be purchased once the hired period has commenced and/or the garment has been collected by/delivered to the client.
Please do not alter our hire garment/s in any way. Altering may include safety pins, stitching or applying heavy holly wood tape. By self-altering a hire garment, the Insurance Option is voided, and you may be charged the full value of the item if a replacement is required.
By selecting ‘no‘ to the Insurance Option, you will be held liable for all damages that occur during a hire period including but not limited to:
- Mending Fees
- Heavy Stain Dry Cleaning
- Missed Hire Bookings
If any damages do occur, it is your responsibility to contact LWNH immediately with images and a description. The garment must still be returned on time. LWNH will then assess the damages and charge appropriately.
Please be mindful of fake tan, flicking back dirt, sitting on a dirty chair/ floor, lipstick smears, red wine spillages, oil from food and heaters etc.
You will not receive a refund or credit for a minor fault.
TERMS AND CONDITIONS CONTINUED (FOR ITEMS PROVIDED BY LENDERS)
As part of its service, Love Want Need Hire (LWNH) comprises an online platform whereby Lenders (defined below) may create Listings (defined below) for fashion garment/s and Renters (defined below) may learn about and hire directly from the Lenders. The Lender and Renter hold harmless LWNH in any and all situations whereby a Lender’s garment/s is damaged, stolen, missing and/or not returned to the Lender from the Renter in a satisfactory condition or within the agreed Hire Period. Likewise, the Renter holds harmless LWNH in any situation whereby the garment/s is not as described, falsely advertised, and/or any part of the agreement not fulfilled by the Lender.
By contacting, hiring, lending or browsing LWNH’s website or social media, LWNH will assume that the Lender and Renter agree to and accept the following Terms and Conditions. Lenders and Renters agree to hold harmless LWNH should any of the following Terms and Conditions be breached by the Lender or Renter and accept that any disputes are to be resolved directly between the Lender and Renter without the involvement of LWNH unless at LWNH’s discretion and/or otherwise explained in the following Terms and Conditions. The Lender and Renter understand and agree that LWNH is not a party to any discussion between or agreement entered into directly between the Lender and Renter, nor is LWNH a fashion retailer, broker, agent or insurer. LWNH has no control over the conduct of Lenders, Renters and/or other users of the website and services or any fashion garments and disclaims all liability in this regard. These Terms and Conditions constitute a legally binding document and are a continuation of the abovementioned Terms and Conditions. That is, the following Terms and Conditions do not replace the above Terms and Conditions, but are in addition to them with the addition of the Lender as a bound party.
1. ADDITIONAL KEY TERMS
“Lender” means the person lending their garment/s through LWNH’s website and/or social media.
“Renter” means the person renting the garment/s through LWNH from the Lender
“Listing” means a fashion garment which is listed as requested/directed by a Lender via LWNH.
“Lender’s Garment” (‘item’, ‘listing’, ‘clothing’) means all garment/s supplied for hire by a Lender.
“Lender’s Hire Price” (‘hire fee’) means the cost of the hired garment/s as set by the Lender, including all fees associated with the hire including express shipping, additional insurance (if applicable)
“Lender’s Hire Return Date” (‘end of hired period’) means the date the garment/s is expected to be returned to the Lender as per the agreement between the Renter, Lender and LWNH.
“Lender Fees” (‘service fees’) means the fee that LWNH charges the Lender for the use of its online platform which is calculated at 20% of the applicable Hire Fees.
2. LATE FEES
Lender’s should note that LWNH is not liable for taking any further action beyond charging the Renter’s supplied credit card (or hire fee payment method) for any amount in Late Fees as set out in the Terms and Conditions.
LWNH reserves the right, at its sole discretion, to modify the website or services or to modify these Terms and Conditions, including the Service Fees, at any time and without prior notice. It is up to the Lender and Renter to read the Terms and Conditions before contacting, hiring, lending or browsing LWNH’s website or social media. If the modified Terms and Conditions are not acceptable to the Lender or Renter, their only recourse is to cease using LWNH’s website and/or services.
4. HOW THE SITE AND SERVICE WORKS FOR ITEMS PROVIDED BY LENDERS
In addition to hiring out its own garment/s to Renters, LWNH offers an online platform or marketplace which permits the booking of the Lenders Items by Renters. When a Lender contacts LWNH to list their garment/s on their website and/or social media, the process is as follows:
- The Lender provides information on the garment/s including size, colour, garment name, location (if Lender wishes to offer Local Pick Up), the requested Hire Price and photographs (it is at LWNH’s discretion whether these images are used for the Listing on the website and/or social media). Only garment/s in good, clean condition are acceptable to be hired through LWNH. It is the Lender’s responsibility to arrange Dry-Cleaning if desired and/or required. The Lender should consider this when setting a Hire Price on their Item. LWNH offers Renters an optional Additional Insurance Service for a one-off payment of $15. More information can be found on this in Section 13 of the Terms and Conditions. The Lender must notify LWNH at the time of sending the Listing details if they do not wish to offer the Renter the Additional Insurance, otherwise, it will be offered to the Renter and cannot be later retracted if the Renter paid the applicable $15 fee.
- The Lender provides LWNH with a $20 deposit (to be paid via credit card or LWNH can send a PayPal invoice, but no further action is taken by LWNH until payment is received from the Lender) which is returned to the Lender in full after a successful Hire Purchase is complete. The purpose of this deposit is to cover LWNH’s Service Fee in case of the Lender falsely advertising an Item or failing to notify LWNH of any stains/damages, therefore resulting in a dispute by the Renter who will receive a full refund of the Hire Fees. This fee will be refunded to the Lender in full after the Hire Period should there be no dispute by the Renter and/or refund required.
- LWNH lists the garment/s on the website and/or social media. Any hire booking requests which come through LWNH’s website and/or social will be brought to the attention of the Lender who is required to confirm the availability of the requested Item within 24 hours. Once availability is confirmed, the Renter books and pays for the hire of the garment/s on LWNH’s website and the Lender is notified.
- After a booking has been received via LWNH’s website and/or social media, the Lender and Renter are provided with each other’s contact information by LWNH and will make all arrangements with regards to collection/shipping etc directly with each other. The contact information provided to the Lender and Renter includes the Lender and Renter’s full names and email addresses. LWNH does not release any further contact information due to privacy reasons. The Lender and Renter both accept this exchange/release of contact information at their own risk. LWNH completes no background checks on Renters/Lenders and/or disclaims any and all liability for any privacy breaches, claims of harassment, inappropriate communication etc between the Lender and Renter. If the Lender and Renter wish to exchange mobile phone information, it is at their own discretion and risk. LWNH disclaims any and all liability with this regard. If Local Pick Up is not an option for the Renter, a $30 return Express Shipping Option is payable. The Lender must post the garment/s as per the Express Shipping Option described in these Terms and Conditions.
- The Lender is required to take extensive photographs of the Items which must have proof of date taken. The photographs must be forwarded to LWNH before the Items are collected and/or shipped to the Renter. The Lender must also keep copies of these photographs. If the Lender fails to do this, LWNH is unable to assist the Lender with trying to claim compensation from the Renter in the case of stains and/or damages etc. LWNH strongly advises the Lender to take several photos of every angle of the Item along with video footage. LWNH is unable to guarantee any outcome in the case of an item being damaged/stained etc by a Renter or any third party, and LWNH disclaims any and all liability in this case. LWNH will, at their own discretion, assist the Lender in communicating with and/or gaining compensation from the Renter in appropriate situations so long as this step is properly completed by the Lender. In some cases, this may simply be the action of LWNH charging the Renter’s supplied credit card for applicable penalties and/or up to 200% of the entire original retail value of the product as set in the product description on the website
- The Hire Fee payment is forwarded to the Lender after the Hire Period is complete at the very latest (that is, the Renter has received the garment/s, returned the garment/s and the Lender has received the garment/s back in their possession). The Lender will receive payment for the Hire Fee (less LWNH’s 20% Service Fee), $30 Return Express Shipping costs and optional $15 Additional Insurance option.
Please note, as stated above, LWNH’s Site and Services are intended to be used to facilitate Lenders and Renters connecting and hiring garment/s directly with each other. LWNH cannot and does not control the content contained in any Listing and/or the condition, legality or suitability of any Item. LWNH is not responsible and disclaims any and all liability related to any and all Listings and Items. Accordingly, any Rentals will be made at the Renters own risk.
5. ITEM LISTINGS
Listings will be made publicly available on LWNH’s website and/or social media. Any person will be able to rent the Lender’s Items via the website based upon the information provided in the Lender’s Listing. The Lender understands and agrees that once a Renter requests a rental of the Lender’s Item, the Lender is not permitted to request the Renter to pay a higher price than in the rental request.
The Lender acknowledges and agrees to and accepts responsibility for any and all Listings forwarded to LWNH to List for Hire. Accordingly, the Lender represents and warrants that any Listing they request LWNH post and the rental of an Item in a Listing the Lender requests LWNH post will:
- not breach any agreements the Lender has entered into with any third parties
- be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Item included in a Listing the Lender requests LWNH posts
- not conflict with the rights of third parties
Please note that LWNH assumes no responsibility for a Lender’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. LWNH reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that LWNH, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms and Conditions or LWNH’s Policies, or otherwise harmful to LWNH’s website or services.
The Lender understands and agrees that LWNH does not act as an insurer or as the Lender’s contracting agent. If a Renter requests a rental of the Lender’s Item and rents the Lender’s Item, any agreement the Lender enters into with such Renter is at the Lender’s own risk. LWNH serves as the limited authorised payment collection agent of the Lender for the purpose of accepting, on behalf of the Lender, payments from Renter of such amounts stipulated by the Lender.
LWNH may be able to offer certain tools to Lender’s to help them to make informed decisions about which Renters they choose to accept for renting of their Items. LWNH does keep a record of both positive and negative experiences with Lenders and Renters alike and is authorised to share this information with Lenders and Renters alike for the purpose of making an informed decision in Lending and/or Renting an Item. You acknowledge and agree that, as a Lender, you are responsible for your own acts and omissions.
LWNH recommends that Lenders obtain appropriate insurance for their Items. Lenders should review any insurance policy that they may have for their Items carefully, and in particular, make sure that they are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not the insurance policy will cover the actions or inactions of Renters while renting the Lender’s Items.
LWNH cannot and does not control the content contained in any Listing and/or the condition, legality or suitability of any Item. LWNH is not responsible and disclaims any and all liability related to any and all Listings and Items. Accordingly, any Rentals will be made at the Renters own risk.
6. NO ENDORSEMENT
LWNH does not endorse any Lender, Renter or any Item. The Lender and Renter understand that approved Images are intended only to indicate a photographic representation and description of the Item at the time LWNH receives the Lender’s request to use its service. Accepted Images are therefore not an endorsement by LWNH of any Lender, Renter or any Item. Lenders are required by these Terms and Conditions to provide accurate information, and although LWNH may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm or endorse any Renter or the Renter’s purported identity or background.
Any requests from a Renter seeking to connect with a Lender for the purpose of hiring an Item (or similar language) only indicate that the Renter has completed a request to do so, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by LWNH about any Renter, including of the Renter’s identity and whether the Renter is trustworthy, safe and/or suitable. Instead, any such description is intended to be useful information for the Lender to evaluate when the Lender makes their own decisions about the identity and suitability of others whom Lender’s contact or interact with via LWNH’s website and services. We, therefore, recommend that the Lender always exercise due diligence and care when deciding whether to rent an Item or to accept a rental request from a Renter or to have any other interaction with any other Renter.
By using LWNH’s website and/or services, the Lender agrees that any legal remedy or liability that they seek to obtain for actions or omissions of other Renters or other third parties will be limited to a claim against the particular Renters or other third parties who caused the Lender harm. The Lender agrees not to attempt to impose liability on or seek any legal remedy from LWNH with respect to such actions or omissions.
7. EXPRESS SHIPPING SERVICES
LWNH disclaims any loss or liability whatsoever arising from the use of Australia Post in the process of shipping any Items via Australia Post. The $30 return Australia Post fee charged on LWNH’s Site is based on an item fitting in a Small Australia Post Express Satchel (up to 500g) and Extra Cover being purchased at the time the Lender and Renter each lodge the parcel at Australia Post (i.e. Extra Cover each way). The Australia Post Extra Cover costs $2.50 each way and this provides the Lender and/or Renter with an extra $100 cover by Australia Post on top of the standard $100 Australia Post cover ($200 Australia Post cover in total). If the Lender wishes to arrange further cover, they are liable to arrange this themselves directly with Australia Post and/or the Renter. LWNH is not involved in this process and accepts no liability for additional charges, failure to arrange Extra Cover and any loss/damage to Items being lodged with Australia Post. The abovementioned fees are based on Australia Post’s current rates and services as of December 2019. While LWNH will do its best to update this information if/when Australia Post rates and services change in the future, it remains the Lender’s responsibility to confirm all expenses with Australia Post directly and disclaims LWNH from all liability with this respect. If the Item requires a larger size Australia Post Express Post Satchel, the Lender must notify LWNH so additional charges can be forwarded to the Renter at the time of purchase. LWNH will not be liable for an undercharging of Express Shipping Charges and does not offer any refund, credit or exchange to the Lender and/or Renter under such circumstances. It is the Lender’s responsibility to keep a record of the Tracking Number for the return Post Service (i.e. both tracking numbers).
8. ADDITIONAL INSURANCE
As per the Terms and Conditions, LWNH offers an Additional Insurance Option on hire purchases for $15. As explained above, if the Lender does not wish to offer this service to Renters for their Items listed on LWNH’s website and/or social media, the Lender must notify LWNH in writing at the time of forwarding the Listing details to LWNH. If the Lender does not do this, LWNH will offer this Service as an optional additional Service to Renters who choose to purchase it. For information on LWNH’s Additional Insurance, please refer to Section 13 of the Terms and Conditions. The Lender accepts the $15 Additional Insurance payment which LWNH pays to the Lender at the time of forwarding the Lender’s portion of the Hire Fee as a final compensation for such damages specified in Section 13 of the Terms and Conditions.The Lender accepts that this Insurance is an agreement/arrangement between the Lender and Renter, and LWNH is not involved with such agreements/arrangements. As such, LWNH cannot be held accountable and/or liable for any costs relating to dry-cleaning, repairs, alterations etc, nor is LWNH responsible for arranging such dry-cleaning, repairs, alterations etc.
9. RENTAL AND FINANCIAL TERMS FOR THE LENDER
If you are a Lender and a hire purchase is requested for your Item via LWNH’s website and/or social media, you will be required to either confirm or reject the rental request within 24 hours. In failing to do so, the hire purchase booking request will be cancelled and the Renter will be notified that it is not available. The Lender is not entitled to any compensation, credit and/or refund of any potential Hire Fee.
If you are a Lender and you owe or agree to pay any amount to LWNH (whether as a result of yours or LWNH’s or Renter’s actions or otherwise), then LWNH may (but is not obliged to) withhold the amount owing to LWNH from any payout amounts due to you as a Lender, and use the withheld amount to set-off the amount owed by you to LWNH. If LWNH does so, then your obligation to pay LWNH will be extinguished to the extent of the amount withheld by LWNH, and LWNH will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
10. APPOINTMENT OF LWNH AS LIMITED PAYMENT COLLECTION AGENT FOR LENDER
The Lender hereby appoints LWNH as the Lender’s limited payment collection agent solely for the purpose of accepting the Hire Fees from Renters.
Each Lender agrees that payment made by a Renter through LWNH shall be considered the same as a payment made directly to the Lender, and the Lender will make the Item available to the Renter in the agreed-upon manner as if the Lender has received the Hire Fees. The Lender understands that as LWNH accepts payments from Renters as the Lender’s limited payment collection agent, LWNH’s obligation to pay the Lender is subject to and conditional upon LWNH successfully receiving the payments from Renters. LWNH does not guarantee payments to Lenders for amounts that have not been successfully received from Renters. In offering its service to Lenders, LWNH assumes no liability for any acts or omissions of the Lender.
Please note that LWNH does not currently charge fees for the creation of Listings. However, you as a Lender acknowledge and agree that LWNH reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. The type of instance this would occur in would include but is not limited to the Renting Issues explained in Section 14 below.
11. RENTAL AND FINANCIAL TERMS FOR RENTERS FOR GARMENT/S HIRED FROM LENDERS
The Lenders, not LWNH, are solely responsible for honouring any confirmed rentals and making available any Items reserved through the website. If you, as a Renter, choose to enter into a transaction with a Lender for the rental of an Item, you agree and understand that you will be required to enter into an agreement with the Lender and you agree to accept any and all Terms and Conditions as set out by LWNH and any terms, conditions, rules and restrictions associated with such Item imposed by the Lender. You acknowledge and agree that you, and not LWNH, will be responsible for performing the obligations of any such agreements, that LWNH is not a party to such agreements, and that, with the exception of its payment obligations hereunder, LWNH disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that LWNH is not a party to the agreement between you and the Lender, LWNH acts as the Lender’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Lender. Upon your payment of the Hire Fees to LWNH, your payment obligation to the Lender for the Item Fees is extinguished, and LWNH is responsible for remitting the Hire Fees (less LWNH’s Service Fees), in the manner described in these Terms and Conditions.
As noted above, the Lender is required to either confirm or reject the rental request within 24 hours, otherwise, the requested rental will be automatically cancelled. If a requested rental is cancelled (i.e. not confirmed by the applicable Lender), any amounts collected by LWNH will be refunded to such Renter, depending on the selections the Renter makes via the website, and any pre-authorisation of such Renter’s credit card will be released, if applicable.
12. SERVICE FEES
In consideration for the use of LWNH’s online marketplace and platform, LWNH charges a Service Fee. LWNH deducts the Service Fees from the Hire Fees before remitting the balance to the Lender as described in these Terms and Conditions.
Balances will be remitted by LWNH to Lenders via (in LWNH’s sole discretion) bank transfer or PayPal. The Lender accepts any and all charges/fees as set out by the bank and/or PayPal for the transfer and is not entitled to reimbursement from LWNH for such fees. Service Fees are non-refundable.
13. CANCELLATION AND REFUNDS
The cancellation policy as set out in LWNH’s Terms and Conditions herewith applies.
If a Lender cancels a paid and confirmed hire booking made via LWNH’s website, LWNH will refund the Hire Fees for such booking to the applicable Renter within a reasonable time of the cancellation. If a Lender cancels a confirmed rental and you, as a Renter, have not received an email or other communication from LWNH, please contact LWNH.
If, as a Lender, you cancel a confirmed rental, LWNH may apply penalties or consequences to you or your Listing, including publishing a review on your Listing indicating that a reservation was cancelled, keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled rental, or imposing a cancellation fee (to be withheld from your future payouts).
If, as a Lender, you cancel a confirmed rental, LWNH may apply penalties or consequences to you or your Listing, including publishing a review on your Listing indicating that a reservation was cancelled, keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled rental, or imposing a cancellation fee (to be withheld from your future payouts). You as the Lender will be responsible for payment of third party 3% refund processing fees (LWNH can deduct this from your deposit).
14. RENTER REFUNDS
Items on LWNH’s platform should be consistent with the description provided by the Lender. If a Renter who books and pays for an Item then experiences a ‘Renting Issue’, the Renter may be eligible for a refund. LWNH may (at our discretion) provide the Renter with either a full or partial refund excluding any shipping costs, administration fees and processing fees.
Renting Issues include:
- The Lender cancels a reservation 24 hours or less before the scheduled arrival of the Item or fails to provide the Renter with the Item.
- The description of the Item in the Listing on LWNH’s website and/or social media is materially different from the actual Item. LWNH reminds Renters that Items are potentially pre-worn and are not required to be brand new. Some minor wear and tear may not be listed in the description but cannot be used as a basis to provide a refund under this policy.
- At the start of the Renter’s reservation, the Item is not clean and/or sanitary, contains safety or health hazards that would be reasonably expected to adversely affect the Renter’s use of the Item in LWNH’s judgement.
- The Renter never receives the hired garment/s and the Lender is unable to provide adequate evidence of the garment/s being lodged with Australia Post for delivery at the Renter’s delivery address and/or of Australia Post delivering the garment/s to the Renter’s delivery address.
To submit a valid claim for a refund, a Renter is required to advise LWNH of the Renting Issue within two (2) hours after receipt of the item (including photographs and/or other evidence) and respond to our requests for information or cooperation. The Renter must not have directly or indirectly caused the Renting Issue and should have used reasonable efforts to try to remedy the circumstances of the Renting Issue with the Lender directly prior to making a claim for a Renting Issue through LWNH. If the Lender is not able to provide any proof against the Renting Issues claimed by the Renter, the Lender will not be entitled to any refund, credit, exchange, compensation or payment from LWNH. In cases where the Lender and Renter cannot come to an agreement on the Renting Issue claim, LWNH reserves the right to make a final reasonable and fair decision in their discretion and disclaims any and all liability for losses to the Lender and/or Renter (if any).
The Lender and Renter use LWNH’s website, services or collective content at their sole risk. The Lender and Renter acknowledges and agrees that LWNH does not have an obligation to conduct background checks on any person, including, but not limited to, Renters and Lenders, but may conduct such background checks in its sole discretion. LWNH’S website and are offered “as is”, without warranty of any kind. LWNH explicitly disclaims any warranties. No advice or information, whether oral or written, obtained from LWNH or through the website and/or services will create any warranty.
The Lender and Renter are both solely responsible for all of their communications and interactions with other users of the website or services and with other persons with whom the Lender and Renter communicates or interacts as a result of their use of the website or services. The Lender and Renter understand that LWNH does not make any attempt to verify the statements of users of the website or services or to review or verify items. LWNH makes no representations or warranties as to the conduct of users of the website, or services or their compatibility with any current or future users of the site, or services. The Lender and Rent agree to take reasonable precautions in all communications and interactions with other users of the website or services and with other persons with whom they communicate or interact as a result of their use of the website or services, particularly if they decide to meet offline or in person. Notwithstanding LWNH’s appointment as the Limited Payment Collection Agent of the Lender for the purpose of accepting payments from the Renter on behalf of the Lenders, LWNH explicitly disclaims all liability for any act or omission of any Renter or another third party.
16. INDEMNIFICATION (LENDERS AND RENTERS)
You agree to release, defend, indemnify, and hold LWNH and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Listing Content; (c) your (i) interaction with any Renter, (ii) rental of an Item, or (iii) creation of a Listing; (d) the use, condition or rental of an Item by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, rental or use of an Item.