1.1 “The Bag Vault Pty Ltd” (“we”, “our”, “us” or “92 637 147 810 ”) means The Bag Vault Pty Ltd (ABN 92 637 147 810 ), its successors and assigns or any person acting on behalf of and with the authority of The Bag Vault Pty Ltd (ABN 92 637 147 810 ).
1.2 “Services” means the The Bag Vault Pty Ltd website located at labelledhire.com (the “Site”) and related services including The Bag Vault Pty Ltd’s fashion rental services and its content (the “Content”).
1.3 “User” (“client”, “customer”, “you” or “your”) means the User or any person acting on behalf of and with the authority of the User.
1.4 “Handbag/s” means all Handbag/s (including any fashion accessories e.g. Handbags) supplied on hire by The Bag Vault Pty Ltd to the User (and where the context so permits shall include any incidental supply of services). The Handbag/s shall be as described on any invoices or other documentation provided by The Bag Vault Pty Ltd to the User.
1.5 “Rental Period” means the 3, 7-day or 30-day period that the User booked the Handbag/s for – starting from the day the Handbag/s is delivered to the User’s delivery address, to the day the Handbag/s is supposed to be dropped in mail by the User, as shown on The Bag Vault Pty Ltd’s website.
1.6 “Rental Price” (“price”) means the cost of the hire of the Handbag/s as agreed between The Bag Vault Pty Ltd and the User subject to clause 4 of this contract.
1.7 “Rental Return Due Date” means the date the Handbag/s is expected to be back at The Bag Vault Pty Ltd’s warehouse. The Rental Return Due Date is calculated to be within 2 to 3 business days from the end of Rental Period, depending on the User’s location.
2. The Commonwealth Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
2.2 Where the User hires Handbag/s as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
3.1 Any instructions received by The Bag Vault Pty Ltd from the User for the hire of Handbag/s and/or the User’s acceptance of Handbag/s supplied on hire by The Bag Vault Pty Ltd shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one User has entered into this agreement, the Users shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the User the terms and conditions are irrevocable and can only be amended with the written consent of The Bag Vault Pty Ltd.
3.4 The User shall give The Bag Vault Pty Ltd not less than fourteen (14) days prior written notice of any proposed change in the User’s details (including but not limited to, changes in the User’s address, facsimile number, or business practice). The User shall be liable for any loss incurred by The Bag Vault Pty Ltd as a result of the User’s failure to comply with this clause.
3.5 Handbag/s is supplied by The Bag Vault Pty Ltd based only on the terms and conditions of hire herein to the exclusion of anything to the contrary in the terms of the User’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of hire.
4. Price and Payment
4.1 The Price shall be The Bag Vault Pty Ltd’s current Price, at the date of delivery of the Handbag/s, according to The Bag Vault Pty Ltd’s current Price list as detailed on The Bag Vault Pty Ltd’s website.
4.2 The Bag Vault Pty Ltd reserves the right to change the Price in the event of a variation to the User’s requirements.
4.3 At The Bag Vault Pty Ltd’s sole discretion a deposit may be required.
4.4 At The Bag Vault Pty Ltd’s sole discretion a bond may be required which shall be refunded upon return of the Handbag/s in a condition acceptable to The Bag Vault Pty Ltd.
4.5 At The Bag Vault Pty Ltd’s sole discretion:
(a) payment shall be due before delivery of the Handbag/s; or
(b) payment for approved Users shall be made by instalments in accordance with The Bag Vault Pty Ltd’s payment schedule.
4.6 Payment may only be made by credit card (only Amex, Mastercard and Visa accepted) or by any other method as agreed to between between The Bag Vault Pty Ltd and the User.
4.7 In the event an invoice is issued for payment for any reason then payment shall be due within seven (7) days of the date of the invoice.
4.8 Receipt by The Bag Vault Pty Ltd of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
4.9 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4.10 All Prices on our website are denominated in Australian Dollars.
5. Rental Period and Late Fees
5.1 Rental period shall commence from when the User (or a third party nominated by the User) signs the Courier’s delivery receipt and shall continue until the Handbag/s is dropped in the mail.
5.2 Where Handbag/s has not been returned to The Bag Vault Pty Ltd by the Rental Return Due Date then The Bag Vault Pty Ltd shall be entitled to charge additional hire fees until the Handbag/s is returned to The Bag Vault Pty Ltd and the User expressly authorises The Bag Vault Pty Ltd to deduct such additional hire fees from the User’s credit card which was provided at the time of placement of the User’s order. Such additional charges shall be charged a fixed fee of $30 for each day overdue.
5.3 When counting overdue days The Bag Vault Pty Ltd shall not count either Sundays or Public Holidays when the post office is closed as being part of the overdue period.
5.4 If the User pays The Bag Vault Pty Ltd an amount equal to 150% of the recommended retail value in late fees and the User still has the item(s) in their possession, the item(s) is The User’s to keep.
5.5 If the User has not returned the rental item(s) within 15 days after the return date, The Bag Vault Pty Ltd will consider the rental item(s) as non-returned and will charge the User’s credit card 150% of the recommended retail value.
6. Delivery of the Handbag/s
6.1 At The Bag Vault Pty Ltd’s sole discretion delivery of the Handbag/s shall be deemed to have taken place when the Handbag/s is delivered to the User’s nominated delivery address and the User (or a third party nominated by the User) has signed the delivery receipt.
6.2 The fastest shipping method is automatically applied at checkout to ensure your order is with you by 8pm on your requested date. The Bag Vault Pty Ltd’s standard delivery method is Express Delivery Service, operated by Australia Post (see Australia Post’s Terms and Conditions). Express Delivery is a guaranteed next business day delivery within the Express Post network only. If the User’s location is outside of the Express Post network, it will take more than one business day and The Bag Vault Pty Ltd has no control over this.
Same Day Delivery is also available for Users in the Sydney metro area (within 20km of Sydney CBD). In the event that the User requests Same Day Delivery, the User will incur additional Fifteen Dollars ($15). At its sole discretion, The Bag Vault Pty Ltd may change these delivery fees. Same Day Delivery is available between 9am – 3pm, Monday through Friday.
6.3 The User shall make all arrangements necessary to take delivery of the Handbag/s whenever tendered for delivery. In the event that the User is unable to take delivery of the Handbag/s at the nominated delivery address and for any reason The Bag Vault Pty Ltd is required to redeliver the Handbag/s then The Bag Vault Pty Ltd shall be entitled to charge a reasonable fee for the redelivery.
6.4 Any delivery time or date given by The Bag Vault Pty Ltd to the User is an estimate only. The User must still accept delivery of the Handbag/s even if late and The Bag Vault Pty Ltd will not be liable for any loss or damage incurred by the User as a result of the delivery being late.
7.1 The Bag Vault Pty Ltd retains property in the Handbag/s nonetheless all risk for the Handbag/s passes to the User on delivery.
7.2 The User accepts full responsibility for the safekeeping of the Handbag/s.
7.3 The Bag Vault Pty Ltd offers free damage insurance to the value of one hundred dollars ($100) to cover minor damage or staining. For minor damage and/or staining if The Bag Vault Pty Ltd assesses (at its sole discretion) that the cost of repairs will be over one hundred dollars ($100), then the User will be required to pay the difference (e.g. if the repair cost is one hundred and fifty dollars ($150), then The Bag Vault Pty Ltd will require the User to pay fifty dollars ($50).
7.4 If the Handbag/s gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the User then the User will be liable to pay for replacement of the item. In assessing the replaceable value, The Bag Vault Pty Ltd will take into account, the demand of that Handbag in the market, the availability to purchase that Handbag in the market, the condition of the Handbag, and the rental fee that the User has already made.
7.5 To prevent the potential use of fraudulent credit cards (or other payment types), The Bag Vault Pty Ltd withholds the right to request proof of identity for orders it deems high value. Orders containing three or more Handbags may be subject to this request. Where fraudulent activity is suspected, The Bag Vault Pty Ltd follows internal verification methods to ensure that the order is valid. If The Bag Vault Pty Ltd cannot confirm this, the order may be cancelled. If this is the case, the customer will be notified by email.
8. Title To Hired Handbag/s
8.1 The Handbag/s is and will at all times remain the absolute property of The Bag Vault Pty Ltd.
8.2 If the User fails to return the Handbag/s to The Bag Vault Pty Ltd then The Bag Vault Pty Ltd or The Bag Vault Pty Ltd’s agent may (as the invitee of the User) enter upon and into land and premises owned, occupied or used by the User, or any premises where the Handbag/s is situated and take possession of the Handbag/s.
9.1 The User shall inspect the Handbag/s on delivery and shall within four (4) hours of receipt of the Handbag/s notify The Bag Vault Pty Ltd (by phone or email) of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.
10. Cancellation & Refund Policy
10.1 If the User wishes to cancel an order, a cancellation request form must be submitted on The Bag Vault Pty Ltd’s website as soon as possible. No cancellation fees will be applied when cancelling a booking more than 14 days prior to the start of the rental period.
Please take note of the following fees when cancelling your order:
- 14 Business days prior to start of rental period: Free
- 7 Business days prior to start of rental period: 50% Cancellation Fee
- 5 Business Days prior to start of rental period: No Refund
10.2 Any refund requests submitted after 5 business days from the rental start date are not eligible for a refund. If the refund request was before the 7 business day cut off, The Bag Vault Pty Ltd will issue the User a 50% refund of the Handbag rental cost, minus the shipping cost and before 14 business days a full refund of the rental cost with be sent back to you.
10.3 Whilst The Bag Vault Pty Ltd will make every effort to process a refund/cancellation as quickly as possible, the refund process can take approximately ten to twenty (10-20) working days dependant on the independent processing time taken by the User’s credit card provider and the User acknowledges that The Bag Vault Pty Ltd has no control over such Credit card issuers processes.
10.4 The Bag Vault Pty Ltd may cancel these terms and conditions or cancel the delivery of Handbag/s at any time before the Handbag/s is delivered by giving written notice. On giving such notice The Bag Vault Pty Ltd shall repay to the User any sums paid in respect of the Price. The Bag Vault Pty Ltd shall not be liable for any loss or damage howsoever arising from such cancellation. In which event The Bag Vault Pty Ltd will issue the User a full refund of the Handbags rental cost, minus the shipping cost.
11. User’s Responsibilities
11.1 The User shall:
(a) immediately notify The Bag Vault Pty Ltd of any damage to the Handbag/s that occurs during the hire period;
(b) on termination of the hire, deliver the Handbag/s complete with all accessories, in good order as delivered, fair wear and tear accepted, to The Bag Vault Pty Ltd;
(c) keep the Handbag/s in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Handbag/s;
(d) not alter or make any additions to the Handbag/s or in any other manner interfere with the Handbag/s.
12. User’s Default and Consequences of Default
12.1 If the User owes The Bag Vault Pty Ltd any money the User shall indemnify The Bag Vault Pty Ltd from and against all costs and disbursements incurred by The Bag Vault Pty Ltd in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, The Bag Vault Pty Ltd’s collection agency costs, and bank dishonour fees).
12.2 Without prejudice to any other remedies The Bag Vault Pty Ltd may have, if at any time the User is in breach of any obligation (including those relating to payment) under these terms of hire The Bag Vault Pty Ltd may repossess the Handbag/s as per clause 8.2, or suspend or terminate the supply of Handbag/s to the User and any of its other obligations under the terms and conditions. The Bag Vault Pty Ltd will not be liable to the User for any loss or damage the User suffers because The Bag Vault Pty Ltd has exercised its rights under this clause.
12.3 Without prejudice to The Bag Vault Pty Ltd’s other remedies at law The Bag Vault Pty Ltd shall be entitled to cancel all or any part of any order of the User which remains unperformed in addition to and without prejudice to any other remedies The Bag Vault Pty Ltd may have and all amounts owing to The Bag Vault Pty Ltd shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to The Bag Vault Pty Ltd becomes overdue, or in The Bag Vault Pty Ltd’s opinion the User will be unable to meet its payments as they fall due; or
(b) the User becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the User.
13. Security and Charge
13.1 In consideration of The Bag Vault Pty Ltd agreeing to supply Handbag/s, the User charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the User either now or in the future, to secure the performance by the User of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
13.2 The User indemnifies The Bag Vault Pty Ltd from and against all The Bag Vault Pty Ltd’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising The Bag Vault Pty Ltd’s rights under this clause.
13.3 The User irrevocably appoints The Bag Vault Pty Ltd and each director of The Bag Vault Pty Ltd as the User’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the User’s behalf.
14. User Generated Content
For any content that you submit – any information such as data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Service – you grant The Bag Vault Pty Ltd a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.All content that you submit may be used at The Bag Vault Pty Ltd’s sole discretion. We reserve the right to change, condense or delete any content on our website that The Bag Vault Pty Ltd deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. The Bag Vault Pty Ltd does not guarantee that you will have any recourse through The Bag Vault Pty Ltd to edit or delete any content you have submitted. Ratings, reviews and written comments are generally moderated and published within two to four business days. However, The Bag Vault Pty Ltd reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not The Bag Vault Pty Ltd, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of The Bag Vault Pty Ltd, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.By submitting any content to The Bag Vault Pty Ltd, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights thereto;
- All “moral rights” that you may have in such content have been voluntarily waived by you;
- All content that you post is accurate;
- Use of the content you supply does not violate these Terms and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold The Bag Vault Pty Ltd (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
15. Referral Program (“Invite A Friend”)
The The Bag Vault Pty Ltd Referral Program (also known as ‘Invite A Friend’) allows registered The Bag Vault Pty Ltd users to earn store credits by referring friends to The Bag Vault Pty Ltd. The Bag Vault Pty Ltd store credits are “points” that may be applied as credits toward future payments. To participate, a user must sign up to The Bag Vault Pty Ltd, which means the user accepts The Bag Vault Pty Ltd’s Terms.
15.1 How to Earn Store Credits Users can earn store credits towards future The Bag Vault Pty Ltd bookings if: (i) a referred friend clicks on their referral link to create a valid The Bag Vault Pty Ltd account that complies with our Terms; and (ii) the referred friend completes a rental order. The referring user will be credited with the store credit amount described in the accompanying promotional materials or page for every new user she/he refers to The Bag Vault Pty Ltd. For example, if the referring user invites five friends and all five of them signs up to The Bag Vault Pty Ltd and completes a rental booking, the referring user will receive $100 store credits (i.e. five times $20).
15.2 Redeeming Store Credits A user’s total store credits will automatically appear as a coupon on the checkout page. Users can then enter the amount of credits they want to redeem and apply to the total balance. Store credits cannot be combined with additional coupons or promo codes. Store credits may not be transferred or exchanged for any cash or money. Store credits can only be applied for rental items and not sale items. Store credits may not be earned by creating multiple The Bag Vault Pty Ltd accounts. Store credits accrued in multiple accounts may not be combined into one account.
15.3 Sharing Referral/Invite Links Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites, Reddit, or Wikipedia).
15.4 Referred/Invited Friends Referred friends that have signed up using a valid referral link will also receive a store credit toward their next rental booking on The Bag Vault Pty Ltd. The standard store credit is AUD $20, but may vary in some cases if the referred friend signed up as part of a special promotion. Varying credit amounts and additional terms will be shown in the referral invitation or accompanying promotional materials or pages.
15.5 Multiple Referrals A referred friend may only use one referral link. If a referred friend receives referral links from multiple The Bag Vault Pty Ltd users, only the corresponding user of the referral link used by the referred friend will receive store credit.
16. Privacy Act 1988
16.2 The User agrees that The Bag Vault Pty Ltd may exchange information about the User with those credit providers either named as trade referees by the User or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the User; and/or
(b) to notify other credit providers of a default by the User; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the User is in default with other credit providers; and/or
(d) to assess the creditworthiness of the User
The User understands that the information exchanged can include anything about the User’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
16.3 The User consents to The Bag Vault Pty Ltd being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
16.4 The User agrees that personal credit information provided may be used and retained by The Bag Vault Pty Ltd for the following purposes (and for other purposes as shall be agreed between the Client and The Bag Vault Pty Ltd or required by law from time to time):
(a) the provision of Handbag/s on Hire; and/or
(b) analysing, verifying and/or checking the User’s credit, payment and/or status in relation to the provision of Handbag/s on hire; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the User; and/or
(d) enabling the daily operation of User’s account and/or the collection of amounts outstanding in the User’s account in relation to the hire of the Handbag/s.
16.5 The Bag Vault Pty Ltd may give information about the User to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the User;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the User.
16.6 The information given to the credit reporting agency may include:
(a) personal particulars (the User’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the User’s application for credit or commercial credit and the amount requested;
(c) advice that The Bag Vault Pty Ltd is a current credit provider to the User;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the User’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of The Bag Vault Pty Ltd, the User has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the User’s credit obligations);
(g) advice that cheques drawn by the User for one hundred dollars ($100) or more, have been dishonoured more than once;
(h) that credit provided to the User by The Bag Vault Pty Ltd has been paid or otherwise discharged.
17. Intellectual Property
17.1 User acknowledges and agrees that The Bag Vault Pty Ltd’s trademark shall remain the intellectual property of The Bag Vault Pty Ltd at all times and further agrees that they shall not use the same for any purpose whatsoever without the express written approval of The Bag Vault Pty Ltd.
18. Personal Property Securities Act 2009 (“PPSA”)
18.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
18.2 Upon assenting to these terms and conditions in writing the User acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Handbag/s that has previously been supplied and that will be supplied in the future by The Bag Vault Pty Ltd to the User.
18.3 The User undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which The Bag Vault Pty Ltd may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 18.3(a)(i) or 18.3(a)(ii);
(b) indemnify, and upon demand reimburse, The Bag Vault Pty Ltd for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Handbag/s charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of The Bag Vault Pty Ltd;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Handbag/s in favour of a third party without the prior written consent of The Bag Vault Pty Ltd.
18.4 The Bag Vault Pty Ltd and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
18.5 The User waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
18.6 The User waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
18.7 Unless otherwise agreed to in writing by The Bag Vault Pty Ltd, the User waives their right to receive a verification statement in accordance with section 157 of the PPSA.
18.8 The User must unconditionally ratify any actions taken by The Bag Vault Pty Ltd under clauses 19.3 to 19.5.
18.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.
19.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
19.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of Sydney New South Wales.
19.3 The Bag Vault Pty Ltd shall be under no liability whatsoever to the User for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the User arising out of a breach by The Bag Vault Pty Ltd of these terms and conditions (alternatively The Bag Vault Pty Ltd’s liability shall be limited to damages which under no circumstances shall exceed the Price paid for the hire or purchase of the Handbag/s).
19.4 The Bag Vault Pty Ltd reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which The Bag Vault Pty Ltd notifies the User of such change. Except where The Bag Vault Pty Ltd supplies further Handbag/s to the User and the User accepts such Handbag/s, the User shall be under no obligation to accept such changes.
19.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
19.6 The failure by The Bag Vault Pty Ltd to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect The Bag Vault Pty Ltd’s right to subsequently enforce that provision.
19.7 Unless otherwise specified, the User agrees that by sending or tagging photos of wearing The Bag Vault Pty Ltd’s Handbags, The Bag Vault Pty Ltd may use the images for promotional purposes including but not limited to print materials, social media platforms and newsletters.
Additional Clauses Applicable to the Sale of Handbag/s
20. Title To Handbag/s Being Sold To The User
20.1 The Bag Vault Pty Ltd and the User agree that the ownership of Handbag/s shall not pass until:
(a) the User has paid The Bag Vault Pty Ltd all amounts owing to The Bag Vault Pty Ltd; and
(b) the User has met all of its other obligations to The Bag Vault Pty Ltd.
20.2 Receipt by The Bag Vault Pty Ltd of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
20.3 It is further agreed that until ownership of the Handbag/s passes to the User in accordance with clause 21.1 that:
(a) the User is only a bailee of the Handbag/s and must return the Handbag/s to The Bag Vault Pty Ltd on request.
(b) the User holds the benefit of the User’s insurance of the Handbag/s on trust for The Bag Vault Pty Ltd and must pay to The Bag Vault Pty Ltd the proceeds of any insurance in the event of the Handbag/s being lost, damaged or destroyed.
(c) the User must not sell, dispose, or otherwise part with possession of the Handbag/s. If the User sells, disposes or parts with possession of the Handbag/s then the User must hold the proceeds of any such act on trust for The Bag Vault Pty Ltd and must pay or deliver the proceeds to The Bag Vault Pty Ltd on demand.
(d) the User irrevocably authorises The Bag Vault Pty Ltd to enter any premises where The Bag Vault Pty Ltd believes the Handbag/s are kept and recover possession of the Handbag/s.
(e) The Bag Vault Pty Ltd may commence proceedings to recover the Price of the Handbag/s sold notwithstanding that ownership of the Handbag/s has not passed to the User.
21. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
21.1 The User must inspect the Handbag/s on delivery and must within 4 hours after delivery notify The Bag Vault Pty Ltd in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The User must notify any other alleged defect in the Handbag/s as soon as reasonably possible after any such defect becomes evident. Upon such notification the User must allow The Bag Vault Pty Ltd to inspect the Handbag/s.
21.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
21.3 The Bag Vault Pty Ltd acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
21.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, The Bag Vault Pty Ltd makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Handbag/s. The Bag Vault Pty Ltd’s liability in respect of these warranties is limited to the fullest extent permitted by law.
21.5 If the User is a consumer within the meaning of the CCA, The Bag Vault Pty Ltd’s liability is limited to the extent permitted by section 64A of Schedule 2.
21.6 If The Bag Vault Pty Ltd is required to replace the Handbag/s under this clause or the CCA, but is unable to do so, The Bag Vault Pty Ltd may refund any money the User has paid for the Handbag/s.
21.7 Subject to this clause 22, returns will only be accepted provided that:
(a) the User has complied with the provisions of clause 20.1; and
(b) The Bag Vault Pty Ltd has agreed that the Handbag/s are defective; and
(c) the Handbag/s are returned within a reasonable time at the User’s cost (if that cost is not significant); and
(d) the Handbag/s are returned in as close a condition to that in which they were delivered as is possible.
21.8 Notwithstanding clauses 20.1 to 20.7 but subject to the CCA, The Bag Vault Pty Ltd shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the User failing to properly maintain or store any Handbag/s;
(b) the User continuing the use of any Handbag/s after any defect became apparent or should have become apparent to a reasonably prudent user;
(c) fair wear and tear, any accident, or act of God.