Interpreting Your Rental Agreement
The Rent Agreement (“Rent Agreement”) between Le Meilleur Dress Hire and You is made on the date shown
on the Rent Document You have signed in respect of the Merchandise (“Rent Document”), and is made up of that Rent Document and these Terms and Conditions. The Rent Agreement, Rent Document and these Terms and Conditions apply in addition to any representation made to You by Le Meilleur Dress Hire or Le Meilleur Dress Hire’ employees. Fees and charges that Le Meilleur Dress Hire is entitled to charge without further consent from You other than signing the Rent Agreement are set out in the Pricing Schedule at Annexure A. Additional fees and charges for optional services or Accessories will be explained to You at the time they are offered to You or are disclosed in the Rent Document.
In these Terms and Conditions:
“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (cth) as amended or replaced from time to time.
“Bond” means any deposit amount (or similar) given to Le Meilleur Dress Hire by You or held in favour of Le Meilleur Dress Hire (including but not limited to an amount charged or similarly held by way of credit or debit card charge) to be held for the duration of the period of the Rent Agreement and for up to 14 days after the end of the Rent Agreement.
“Collection Costs” means Le Meilleur Dress Hire reasonable costs of collecting unpaid Rent charges from You and/or other charges arising as a result of the terms of this Rent Agreement (including Le Meilleur Dress Hire legal costs);
“Consequential Loss” means any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, goodwill, reputation, publicity, or use;
“Fair Wear and Tear” means Fair Wear and Tear described in Annexure B and does not include damage
(as set out in that annexure);
“Late Return Charge” means a single charge payable by You if You do not return the Merchandise on the date
and by the time shown on the Rent Document or an alternative return date and time as agreed with Le
Meilleur Dress Hire;
“Le Meilleur Dress Hire” means Luxe Dress Hire Pty Ltd (A.C.N. 649 446 935) t/as Le Meilleur Dress Hire.
“Rent Charges” means the fees, costs, amounts and charges specified in the Rent Agreement;
“Rent Period” means the period commencing on the date shown on the Rent Document and ending on the date that You return the Merchandise to Le Meilleur Dress Hire to the agreed drop off location as advised by Le Meilleur Dress Hire;
“Substitute Merchandise” means replacement Merchandise provided to You (if applicable);
“Merchandise” means the merchandise described on the Rent Document (or any Substitute Merchandise),
and includes its parts, components, and any accessories supplied by Le Meilleur Dress Hire;
“Shipper” means any freight, transport, courier (or similar) company or business making delivery of the Merchandise;
“Use” means to wear the Merchandise as a garment and incorporates the meaning given in clause 3 of this Rent Agreement.
“You” or “Your” or “Renter” refers to the person(s) with whom the Rent Agreement is made.
“Your Consumer Rights” means Your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law, which cannot be excluded, restricted or modified by this Rent Agreement.
“We”, “Our” and “Us” refers to Le Meilleur Dress Hire.
1. BACKGROUND
1.1. Le Meilleur Dress Hire owns the Merchandise.
1.2. You wish to Use the Merchandise for a temporary rental period.
1.3. Le Meilleur Dress Hire agrees to rent the Merchandise to You on a temporary basis in accordance with the terms and conditions of this Rent Agreement.
2. WEARING THE MERCHANDISE
2.1. Subject to clause 3, You are not restricted as to where You may wear the Merchandise.
3. USE OF THE MERCHANDISE
3.1. You must:
(a) not allow the Merchandise to be used for any purpose not contemplated by this Agreement;
(b) protect the Merchandise from and prevent damage, soiling, over-stretching, tearing, scuffing and wear and tear that is beyond Fair Wear and Tear, or similar;
(c) not smoke any tobacco or other product whilst wearing the Merchandise;
(d) protect the Merchandise from exposure to tobacco smoke or any other smoke or fumes or vapours at all times;
(e) not allow any other person to wear
(f) not remove or otherwise tamper with the tagging of the Merchandise installed by Le Meilleur Dress Hire;
(g) not attempt to wash or dry-clean the Merchandise and all washing of Merchandise is to be conducted by Le Meilleur Dress Hire;
(h) not repair or modify or tamper with the Merchandise in any way whatsoever without the prior written consent of Le Meilleur Dress Hire;
(i) not allow the Merchandise to leave the borders of Australia;
(j) not allow the Merchandise to leave Your possession and control;
(k) not breach the Intellectual Property Rights of the manufacturer, designer or distributor of the Merchandise, and
(l) not use the Merchandise in or for the purposes of promoting or advertising the Merchandise in any way.
3.2. You must pay for the cost of remediating any unauthorised repairs to the Merchandise during the Rent Period.
4. CONDITION OF MERCHANDISE
4.1. If the Merchandise is delivered to you by a Shipper, then You must ensure the Merchandise is delivered in an undamaged condition except as otherwise stated on the Rent Document. If the Merchandise arrives in a damaged condition, You must not accept delivery from the Shipper, You must not Use the Merchandise, and You must notify Us immediately (and within not more than 12 hours).
4.2. If the Merchandise is delivered to you by a Shipper and You do not comply strictly with the terms of sub-clause
4.1, then You will be liable for any damage to the Merchandise upon delivery.
4.3. If You have used the Merchandise during the Rent Period in breach of clause 3 or returned the Merchandise in a condition that is not the same as when the Merchandise came into your possession (excluding Fair Wear and Tear) or have not complied with the terms of this clause 4; You may be required to pay the cost of any repairs, replacement, remediation, reconditioning, rejuvenation, professional cleaning or odour extraction reasonably
incurred by Le Meilleur Dress Hire and a reasonable administrative fee reflecting the cost of making arrangements in relation to the same.
4.4. You and Le Meilleur Dress Hire acknowledge that the Merchandise is provided to You in an undamaged condition except as otherwise stated on the Rent Document.
4.5. You acknowledge that Le Meilleur Dress Hire is not responsible for the delivery times of any Merchandise if sent by Australia Post or otherwise, and Le Meilleur Dress Hire cannot guarantee that any Merchandise will be delivered to you on or by a certain date.
5. DAMAGE AND LOSS OF PROPERTY
5.1. Subject to this clause 5,and to the fullest extent permitted by applicable law, You are liable:
(a) for the loss of, and all damage to and soiling of, the Merchandise.
Damage includes damage of any kind without limitation and includes any wear and tear that is not Fair Wear and Tear.
5.2. For the purposes of this clause 5, You must pay for any damage or repair or cleaning that may be reasonably determined by Le Meilleur Dress Hire the amount which includes:
(a) the cost of repairs to the Merchandise or the market value of the Merchandise at the time of the loss or damage, whichever is the lesser;
(b) a reasonable administrative fee reflecting the cost of making arrangements for repairs or replacement and other administrative activities; and
(c) a per day loss of use fee based on the estimated downtime of the Merchandise.
If the amount determined by Le Meilleur Dress Hire and paid by You under this clause 5.2 exceeds the final cost of the damage or repair or replacement, Le Meilleur Dress Hire will refund the difference to You.
5.3. In the event the Merchandise tagging is removed or tampered with, or Le Meilleur Dress Hire suspects that the Merchandise has been replaced with replicas or otherwise, then You will be liable to pay Le Meilleur Dress Hire
the full recommended retail price for the Merchandise.
5.4. Without limitation to any other part of this Rent Agreement which survives termination (including at common law), the parties acknowledge that this clause 5 expressly survives termination of this Agreement.
6. INSURANCE
6.1. You are not required, but Le Meilleur Dress Hire strongly suggests, You ensure that the loss of or damage to the Merchandise is covered by Your contents insurance during the period of rental. Le Meilleur Dress Hire takes no responsibility for the application of any insurance policy to Your rental of the Merchandise.
7. RETURN OF MERCHANDISE
7.1. You must return the Merchandise to Le Meilleur Dress Hire:
(a) to the place, on the date and by the time shown on the Rent Document (or sooner if required under clause 7.4);
(b) in the same condition as it was at the commencement of the Rent Period, Fair Wear and Tear excepted;
7.2. You must return the Merchandise to a Le Meilleur Dress Hire location during our normal business hours. If You return the Merchandise later than the time shown on the Rent document, You must pay all additional Rent charges.
7.3. If Merchandise is the incorrect size or otherwise not suitable for Your requirements, Le Meilleur Dress Hire will, in its complete discretion, allow you to swap the Merchandise for another size or other item equivalent to the same or of a lesser value. If You would like to swap the Merchandise for an item that is of a higher value, You must pay any additional fees, costs and expenses for the higher-value item prior to Le Meilleur Dress Hire sending the item to You.
7.4. If:
(a) You return the Merchandise on a date, or at a time, or to a place other than that shown on the Rent Document (or any extended date or time agreed with Le Meilleur Dress Hire in writing); or
(b) any special conditions set out in the “Rates” section on the Rent Document are breached, the rates shown on the Rent Document will not apply and You must pay the Le Meilleur Dress Hire standard rate for the Merchandise for the Rent Period.
7.5. If You do not return the Merchandise on the date and by the time shown on the Rent Document (or any extended date or time agreed with Le Meilleur Dress Hire in writing) then:
(a) after written notice to You and if the location of the Merchandise is unknown, Le Meilleur Dress Hire may
report the Merchandise as stolen to the police;
(b) if the Merchandise is not returned within 14 days of notice served in accordance with clause 7.5(a) above then in addition to any other fees and charges, You must pay to Le Meilleur Dress Hire the amount equivalent to 200% of the recommended retail price for that Merchandise, payable immediately upon demand; and
(c) You must pay Le Meilleur Dress Hire all Rent Charges (including additional Rent Charges) and compensate Le
Meilleur Dress Hire in accordance with clause 5 for any loss Le Meilleur Dress Hire suffers (including all reasonable additional costs Le Meilleur Dress Hire incurs in recovering the Merchandise) up to the time that the Merchandise is
recovered by Le Meilleur Dress Hire.
7.6. Le Meilleur Dress Hire may request the immediate return of the Merchandise, or Le Meilleur Dress Hire may re-take the Merchandise without notice, if Le Meilleur Dress Hire reasonably suspects that:
(a) You have breached a term or condition of the Rent Agreement;
(b) damage to the Merchandise, or injury to persons or property is likely to occur.
You must also pay Le Meilleur Dress Hire any cost it incurs as well as all costs and charges under the Rent Agreement for the period up to return/repossession of the Merchandise.\
7.7. Le Meilleur Dress Hire reserves the right to refuse Rent of any other Merchandise to You following any incident where You have breached a condition of this Rent Agreement.
8. THEFT OF THE MERCHANDISE
8.1. If the Merchandise is stolen by a third party whilst being Rented by You from Us, you must:
(a) promptly report such incident to the local police;
(b) promptly report such incident in writing to Le Meilleur Dress Hire;
(c) permit Le Meilleur Dress Hire or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name (if applicable);
(d) permit or ensure that Le Meilleur Dress Hire may claim in Your name under any applicable insurance
policy, and assist Le Meilleur Dress Hire in making such a claim, including assigning any right to claim under any insurance policy to Le Meilleur Dress Hire (if applicable);
(e) complete and furnish to Le Meilleur Dress Hire within a reasonable time any statement, information or
assistance which Le Meilleur Dress Hire or its insurer may reasonably require, including attending at a
lawyer’s office and at Court to give evidence.
Nothing in this clause 8 relieves You of liability under any other part of this Rent Agreement.
Without limitation to the foregoing, You remain liable for loss of or damage to the
Merchandise pursuant to clauses 4 and 5 of this Rent Agreement.
9. PAYMENT
9.1. At the end of the Rent Period, You must pay Le Meilleur Dress Hire on demand:
(a) all charges specified on the Rent Document that are not yet paid and all charges payable under the Rent
Agreement;
(b) any amount paid or payable by Le Meilleur Dress Hire or You to any person arising out of Your use of the Merchandise; and
(c) any amount for which You are liable to Le Meilleur Dress Hire under the Rent Agreement, in respect of a
breach of the Rent Agreement or otherwise.
9.2. You authorise Le Meilleur Dress Hire to charge all moneys payable to Le Meilleur Dress Hire under the Rent Agreement to Your credit card or charge account. The credit card holder must be You.
9.3. You authorise Le Meilleur Dress Hire to deduct any amounts owing by You to Le Meilleur Dress Hire pursuant to the terms of this Rent Agreement from any Bond amount that You have provided (if applicable).
9.4. Le Meilleur Dress Hire does not accept cash payments.
9.5. Le Meilleur Dress Hire will pay any refund due to You by such method as Le Meilleur Dress Hire may reasonably choose.
10. LIABILITY AND INDEMNITY OF LE MEILLEUR DRESS HIRE
10.1. Le Meilleur Dress Hire is not liable to any person, and You indemnify Le Meilleur Dress Hire, for any loss of, or damage to, any property:
(a) stolen from the Merchandise or otherwise lost during the Rent;
(b) caused by the Merchandise; or
(c) left in the Merchandise after its return to Le Meilleur Dress Hire.
10.2. You indemnify Le Meilleur Dress Hire from and against any liability or claim arising directly or indirectly in relation to any:
(a) breach of any warranty under this Rent Agreement or otherwise;
(b) breach of this Rent Agreement;
(c) breach of any laws;
(d) negligence;
(e) act or omission which has the effect of reducing, restricting or voiding the insurance coverage of Le Meilleur Dress Hire in relation to the Merchandise;
by You.
10.3. You will not be relieved from any liability under clause 10 even if:
(a) the Claim or Liability results from something You may be authorised or obliged to do under this Agreement; or
(b) a waiver or other indulgence has been granted to You in respect of an obligation of You under this Agreement.
10.4. Le Meilleur Dress Hire will not be liable to You (whether under statute, contract, tort, negligence, indemnity or otherwise) in relation to any Consequential Loss.
10.5. Le Meilleur Dress Hire’s liability to You in relation to this Rent Agreement (whether under statute, contract, tort, negligence, indemnity or otherwise) will be limited to the Rent Charges.
10.6. Without limitation to any other part of this Rent Agreement which survives termination (including at common law), the parties acknowledge that this clause 10 expressly survives termination of this Agreement.
11. ACKNOWLEDGEMENTS
11.1. You acknowledge, agree and warrant that:
(a) Prior to signing this Rent Agreement, Your attention was drawn to all of the terms of this Rent Agreement and you understand all of the terms herein;
(b) Ownership of the Merchandise remains with Le Meilleur Dress Hire at all times;
(c) You must not allow any other person or third party to come into possession of the Merchandise;
(d) You must not (and must not attempt to) sell, assign, dispose of, encumber, mortgage, pledge, create any lien, or grant any security interest in, or in respect of, the Merchandise;
(e) You must at all times keep the Merchandise free from distress, execution or other legal process;
(f) If any person seizes or attempts to seize or interfere with the Merchandse, You must notify that person of Le Meilleur Dress Hire’s title to and rights in relation to the Merchandise and provide immediate written notice to Le Meilleur Dress Hire of the seizure, attempted seizure or interference;
(g) You are the only person authorised by Le Meilleur Dress Hire pursuant to the terms of this Rent Agreement to Use the Merchandise;
(h) We may ask for photo identification, credit card details or other forms of identification from You. We can refuse to hire the Merchandise to You if you are unable to provide the requested identification or document(s).
(i) Delivery timeframes (if applicable) are indicative only, not guaranteed, and late delivery does not entitle You
to a refund;
(j) Any other acknowledgements required by Le Meilleur Dress Hire?
12. CONSUMER RIGHTS STATEMENT
All Your rights set out in this Rent Agreement are in addition to Your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law.
Your Consumer Rights are not excluded,
modified, or restricted by this Rent Agreement. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State or Territory
fair trading authorities.
12. TERMINATION
12.1. Either party may terminate the Rent Agreement at any time if the other party commits a material breach of the Rent Agreement.
12.2. You may terminate the Rent Agreement at any time for any other reason.
12.3. If the Rent Agreement is terminated early for any reason other than a breach by Le Meilleur Dress Hire, You agree to pay Rent charges that reflect the actual duration of the Rent. Such charges may be higher than those that
apply for a longer Rent period.
12.4. Termination of this Rent Agreement does not relieve You of any of your obligations or liabilities accrued to the date of termination.
13. ASSIGNMENT
13.1. Le Meilleur Dress Hire may assign any rights or benefits under this Rent Agreement at any time.
14. MISCELLANEOUS
14.1. The Rent Agreement contains the whole agreement between the parties.
14.2. Any waiver by a party of any one breach or default by the other party will not constitute a waiver of any other breach or default.
14.3. The agreement is governed by the law of the State of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of that State and any courts which may hear appeals from those courts in respect of any
proceedings in connection with this agreement. The parties will not object to the exercise of jurisdiction by those courts on any basis.
14.4. This Rent Agreement may be executed in any number of counterparts, each of which when executed and delivered must constitute an original of this Rent Agreement, but all the counterparts must together constitute the
same Agreement.
14.5. This Rent Agreement may be executed by any and all parties by way of electronic signature, and if so, must be considered an original.
14. COMPLIANCE WITH LAW:
14.1. This Rent Agreement is to be interpreted so that it complies with all applicable laws. If any provision of this Rent Agreement does not comply with any law, then it must be read down so as to give it as much effect as
possible.
14.2. Both You and Le Meilleur Dress Hire intend to comply with all applicable laws, and agree to facilitate the other party’s compliance with the law (insofar as it relates to the terms of this Agreement).
14.3. You and Le Meilleur Dress Hire agree to do all things necessary to rectify any aspect of this Rent Agreement that is not compliant with any law, insofar as is necessary to give effect to the substance of the terms of this Rent
Agreement (including agreeing to amend any clause that is not compliant with any law, and / or re-signing a new Rent Agreement on substantially the same terms).
14.4. If it is not possible to rectify any aspect of this Rent Agreement that is not compliant with the law, then it is to be severed from this Rent Agreement and the remaining clauses will continue to have full force and effect.
15. PRESUMPTIONS AND INTERPRETATION
15.1. Unless the context otherwise requires:
(a) A word which denotes the singular denotes the plural and vice versa;
(b) Any gender denotes the other genders; and
(c) A person includes an individual, a body corporate and a government body.
15.2. Unless the context otherwise requires, a reference to:
(a) Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re- enacted or replaced legislation;
(b) Any other agreement or instrument, where amended or replaced, means that agreement or instrument as amended or replaced.