T&C's Hire
- Definitions
- “Le Dolce Sleepwear”
means Le Dolce Sleepwear (ABN: 76 338 089 452) who will be supplying the Accessory for the Customer to hire.
- “Accessory”
means all item(s) supplied by Le Dolce Sleepwear to the Customer.
- “Business Day”
means a day that is not a Saturday, Sunday or public holiday anywhere in Australia.
- “Customer/and or Client"
means the individual who is hiring out the Accessory supplied by Le Dolce Sleepwear, over the age of 16 and accepts the Terms and Conditions (by checking the box that states that the Customer Accepts) of hiring the Accessory.
- “Damage(s/d)”
means any damage including, but not limited to, a stain, mark, tear, discoloration/changes to original colour, faultiness, caused to the Accessory during the Hire Period, whilst in the possession of the Customer.
- “Debt Collectors”
means any debt collection agency, insurer or solicitor/barrister, which Le Dolce Sleepwear has retained to collect any outstanding fees owed by the Customer.
- “Delivery Date”
means the date in which the Courier makes or attempts to make the delivery of the Accessory to the Customer.
- “Dispatch Date”
means the date that the Accessory has been sent by Le Dolce Sleepwear to the Customer via Australia Post or courier.
- “Hire Period”
means the duration between the Customer selected or otherwise agreed upon Delivery Date and Return Date of the accessory.
- “Hire Fee”
means the cost to hire the Accessory for the Hire Period.
- "Additional Daily Fee"
means the cost of any additional day with the Hire Period.
- “Insurer”
means (name of insurance)
- “Payment”/“Payment Card”
means Mastercard, Visa and Paypal.
- “Penalty Fee”
means any amount owing for; a stolen, missing or damaged Accessory and/ or the Accessory being returned after the Return Date.
- “Personal Details”
means any personal information which include but is not limited to copy of driver’s license, passport or identification card, full name, date of birth, address, phone number, email and payment card details, which the Customer has registered onto Le Dolce Sleepwear’s website.
- “Return Date”
means the date in which the Customer must lodge the delivery back to Le Dolce Sleepwear of the Accessory with Australian Post by. It also means the date in which the Customer must provide Le Dolce Sleepwear a tracking number to show proof of lodgement.
- “Third Party”
means anyone other than Le Dolce Sleepwear and the Customer – this includes, but is not limited to a friend, family member, acquaintance or unknown persons.
- Agreement of Hire
- An Agreement of Hire is formed once the Customer accepts the Terms and Conditions and makes payment of the Hire Fee. Effectively, Le Dolce Sleepwear will then agree to supply the Accessory to the Customer for the Hire Period.
- The Agreement of Hire subsequently binds Le Dolce Sleepwear and the Customer to the obligations of the Terms and Conditions.
- Payment of Hire Fee
- Upon accepting the Terms and Conditions, the Customer will be directed to make payment, which will in effect process the Agreement of Hire (provided the payment is approved).
- Payment will take in the form of one of the following options:
- MasterCard;
ii. Visa; or
iii. Paypal
- The Customer acknowledges and agrees that the Cancellation Fee is a reasonable estimate made at the time of entering into the Agreement of Hire and that it is the anticipated loss that Le Dolce Sleepwear will suffer by reason of cancellation.
- The Customer acknowledges and agrees that Le Dolce Sleepwear will keep the Customer’s Personal Details confidential and in its system until the Customer de-registers their account with Le Dolce Sleepwear.
- In the event that there are debts owing for a stolen and/or damaged Accessory, Le Dolce Sleepwear will keep the Customer’s Personal Details until all and any Penalty Fees are paid in full whether the account remains registered or has been de-registered; and
- If the Customer is a one-off Customer who is not registered with Le Dolce Sleepwear and fails to return the Accessory at all, on time or without damage(s), Le Dolce Sleepwear will keep the Customer’s Personal Details until all Penalty Fee(s) are paid.
iii. If the Customer has any unpaid fees such as; additional daily fee, damage fee etc Le Dolce Sleepwear will deduct the owing amount from the Customers card saved on file.
- The Customer acknowledges and agrees that Le Dolce Sleepwear b can and will use the Customer’s Personal Details if the Customer is in breach of the Agreement of Hire which may include, but is not limited to the following;
- Damage(s) caused to the Accessory;
- Stealing the Accessory;
iii. Returning the Accessory after the return date; and
- Any cancellations that render a penalty, pursuant to Clause 6C.
- Damages
- Where an Accessory has been returned with Damage(s), Le Dolce Sleepwear will charge a Penalty Fee and bill the Customer for the costs of fixing the Accessory, and subsequently withdraw the amount from the Customer’s Payment Card or take any necessary action at its sole discretion without notice.
- The bill will be emailed to the Customer in the format of a tax invoice.
- After 24 hours of having billed the Customer, Le Dolce Sleepwear will then withdraw the amount from the Customer’s Payment Card unless stated otherwise.
- Pursuant to clause 3, the Customer acknowledges and agrees to Le Dolce Sleepwear withdrawing from their Payment Card the amount which has been set out on the tax invoice and emailed to the Customer after 3 days.
- Where the Penalty Fee is not available on the Customer’s Payment Card, Le Dolce Sleepwear will make an attempt to contact the client to organise a Repayment Plan.
- Stolen or Unreturned Goods
- In the event that the Customer or any third party has stolen, lost or has not returned the Accessory, Le Dolce Sleepwear will withdraw the full value (value appraised by Le Dolce Sleepwear’s Insurer or otherwise 3rd Party valuator) of the Accessory.
- Where Le Dolce Sleepwear is satisfied that the Customer has stolen the Accessory, Le Dolce Sleepwear will provide the Customer’s Personal Information and bank account details to the Police and/or Debt Collector for prosecution.
- In the event that the Customer is able to locate and return the Accessory after it has been stolen or lost, the Customer will be refunded the full value of the Accessory provided that Le Dolce Sleepwear is satisfied (at its sole discretion) that the following is evident:
- That the Accessory has not been damaged in any way;
- That the Accessory has been authenticated and proves to be the same item; and
iii. That the Customer has provided a truthful statement of how the Accessory was located.
The Customer, will however be charged a Penalty Fee at a flat rate of $300.00, and an additional $50.00 for every late day after the return date.
- In the event that the stolen Accessory has been returned and is damaged, Le Dolce Sleepwear will also charge the Customer a Penalty Fee, pursuant to Clause 4 of these Terms and Conditions.
- Where the full value of the Accessory is not available on the Customer’s Payment Card, Le Dolce Sleepwear will make an attempt to contact the client to organise a payment plan.
E. The Customer is liable if the bag is not returned in the same condition that it was received. This includes but is not limited to, the accessory and the original dust bag the accessory comes in. In the event that the client returns the bag with no dust bag nor box, the client will be liable for the cost of the accessory's original dust bag.
- Delivery and Return
- The cut off time for the next business day postage is 10am AEST (Australian Eastern Brisbane Time). We do not offer same day delivery.
- The Customer must send through a copy of the front and back of their current credit card by email or text once they place their order. This is for security purposes only. All credit card information will be stored on a secure server and will not be shared with anyone other than Le Dolce Sleepwear staff. In the event of item damage or the item not being returned, Le Dolce Sleepwear will inform the Customer before any charges will be made to the card.
- If the Customer refuses to send through a copy of the front and back of their current credit card, Le Dolce Sleepwear will cancel their order and a full refund will be given to the Customer.
- A tracking number will be provided to the Customer to track.
- Delivery Date takes effect when the Customer signs for the delivery, whether it is with the courier or Post Office.
- The Accessory cannot be left unattended and must be picked up and signed for by the Customer at the Post Office specified by the courier.
- Return Date takes effect as soon as the Customer has lodged the Accessory with the Post Office and notifies Le Dolce Sleepwear with a tracking number.
- The Customer has the responsibility to re-package the Accessory in accordance to Le Dolce Sleepwear’s instructions to ensure that it is protected, subject to minimal damage and returns the way it arrived. Packing instructions are as follows:
- Place the Accessory back inside the dust bag it came with (if the Accessory is a handbag).
- Place the Accessory inside the box, surrounding it with tissue paper from all sides.
- Wrap the same ribbon and sticker around the box so it cannot accidentally open.
- Pack the box into the supplied Express Post satchel.
- Keep the tracking number.
- The Customer will be liable for any damage(s) made to accessory via transit if it was not packed/protected in accordance to Le Dolce Sleepwear 's packing instructions
iii. The Agreement of Hire and Hire Period will cease at the moment the item is returned.
- The Customer no longer has responsibility or liability over the Accessory after the Return Date unless there is an outstanding amount due.
- The Customer however will be responsible and liable for any damages that occurred during the Hire Period.
- Le Dolce Sleepwear will deliver the Accessory via Express Post through Australia Post or via Courier. The Customer must be aware of the following;
- Express Post covers 80% of Australian business addresses, private addresses and Post Office boxes;
- Service operates between all capital cities except Darwin and Perth CBD and some major centres;
iii. Outside metropolitan areas guaranteed service is to and from townships only;
- If the address is outside the Express Post network, Australia Post will use the fastest possible transport links, however does not guarantee Next Day Delivery; and
- If the customer has given Le Dolce Sleepwear the wrong postal address the customer will be liable for the bag if is lost/stolen.
- The Customer will be liable for a minimum Penalty Fee of $50.00 for every late day until the Accessory has been returned to Le Dolce Sleepwear. The late fee will be relative to the price of the bag hired; the more expensive the bag the higher the late fee.
- The bill will be emailed to the Customer in the format of a tax invoice.
- After 24 hours of having billed the Customer, Le Dolce Sleepwear will then withdraw the amount from the Customer’s Payment Card unless stated otherwise by Le Dolce Sleepwear.
- If the return date lands on a public holiday the individual will not be charged a late fee.
- Repayment
- In the event that the Customer cannot pay for any Penalty Fee for losing the accessory, damaging the accessory and/or returning the accessory late, Le Dolce Sleepwear is willing to enter a reasonable short-term payment plan at its sole discretion.
- If the Customer defaults on the agreed payment plan, Le Dolce Sleepwear will resort to taking legal action through its nominated debt collectors at its sole discretion without notice until all Penalty Fee(s) are recovered from the Customer by Le Dolce Sleepwear.
- Cancellation
- All or any cancellations must be made by the customer 48 hours prior to the Dispatch Date;
- Where cancellations are made less than 48 hours prior to the Dispatch Date and the Accessory has already left Le Dolce Sleepwear s vicinity, the Agreement of Hire will continue to be in effect until the Return Date. The Customer will be bound by the Terms and Conditions and its obligations and may use the Accessory as per the Agreement of Hire.
- Regardless of whether the Customer chooses to use or not use the Accessory, the Customer will be charged the Hire Fee.
- If client decides to cancel more than 48 hours prior to dispatch date 30% of the Hire Fee will still only be held and charged by Le Dolce Sleepwear.
iii. All cancellations will forfeit 30% of the hire fee.
- Where cancellations are made less than 48 hours prior to the Dispatch Date and the Accessory has not left Le Dolce Sleepwear’s vicinity, the Agreement of Hire will cease and the Customer will be refunded 70% of the Hire Fee.
- 30% of the Hire Fee will only be held and charged by Le Dolce Sleepwear in this circumstance;
- The Customer acknowledges and agrees that part 8C(i) is implanted to anticipate the loss that Le Dolce Sleepwear will suffer by reason of the late cancellation.
- Returns for Purchased Items
- Le Dolce Sleepwear does not accept change of mind returns on purchases.
- Returns will only be accepted if they are faulty or do not match the Customer's order.
- Each Accessory is photographed before being dispatched to the customer.
- The customer must contact Le Dolce Sleepwear as soon as they unpack the Accessory and notice that it is damaged. Product tags must be attached and the Accessory must be unused in order for the return to be accepted.
- Le Dolce Sleepwear’s Obligations
Subject to the Terms and Conditions, Le Dolce Sleepwear has the following obligations to the Customer:
- To process all Agreement of Hire in a timely manner;
- To ensure that the Customer receives the Accessory by the time the Hire Period takes effect;
- To keep the Customer’s entire account confidential, unless Le Dolce Sleepwear is satisfied that the Customer has committed a criminal offence by way of theft and/or fraud of the Accessory. In that case, the Customer’s entire account will be released only to its Insurer and the Police and/or Debt Collector for prosecution purposes.
- To not mislead or deceive the Customer in any way in relations to the Hire Fee or conditions of the Accessory. and
- To make all attempts to contact the Customer (i.e. mobile, SMS, email and/or letter) when the Accessory has not been returned before releasing the Customer’s details to the Insurer or Police.
- Le Dolce Sleepwear has the right to refuse anyone who does not meet the security requirements. (i.e. identification, proof of residental address etc). If customer refuses to provide the required details, Le Dolce Sleepwear will forfeit the loan and refund 70% of the total hire fee.
- Customer’s Obligations
Subject to the Terms and Conditions, The Customer has the following obligations to Le Dolce Sleepwear and the Accessory:
- To ensure that the Accessory is not damaged or stolen by themselves or a Third Party;
- To return the Accessory by the agreed Return Date;
- To not transfer possession of the Accessory to a Third Party; and
- To notify Le Dolce Sleepwear and make a Police Report if the Accessory has been stolen.
- To pay any and/or all Penalty Fee(s) that they have incurred in a timely matter which has been set out by Le Dolce Sleepwear.
- Privacy
- By registering to become a member of Le Dolce Sleepwear, the Customer accepts and understandings that Le Dolce Sleepwear will take appropriate steps to verify the Customer’s Identification and MasterCard, Visa or Paypal accounts.
- By agreeing to the Terms and Conditions set out by Le Dolce Sleepwear in an Agreement of Hire, the Customer accepts and acknowledges the following;
- The Customer’s Personal Details will be released to the Insurer and Police and/or Debt Collector if Le Dolce Sleepwear is satisfied that the Customer has stolen the Accessory.
- The Customer’s personal details will be released to the Insurer and Debt Collector if the Customer has failed to pay any and/or all Penalty Fees in a reasonable amount of time which Le Dolce Sleepwear has provided to the Customer.
- By agreeing to the Terms and Conditions, the Customer acknowledges that the Customer has read and also agrees to the Privacy Policy.
- Indemnity
- The Customer agrees to indemnify and not hold Le Dolce Sleepwear and any of its partners, employees, subsidiaries and affiliates of any loss, liability or claim arising out of the Agreement of Hire.
- Terms and Conditions
- By entering into the Agreement of Hire, the customer agrees to the following:
iii. That the Customer is bound to the entirety of the Terms and Conditions that Le Dolce Sleepwear has set out;
- That the Customer’s failure to make payments for Stolen or Damaged Accessory will warrant Le Dolce Sleepwear to notify the Police and/or Debt Collector to prosecutor and/or recover the owing amount; and
- That the Terms and Conditions may be subject to change at any time, thus, the Customer must read the Terms and Conditions each and every time a new Agreement of Hire is made with Le Dolce Sleepwear.