Consignment Program T&C’S

 

Terms and Conditions - Consignment Program

Last updated: 25/03/2024

ABN: 26804501743 

About:

 

Worn By Her operates as a sustainable designer clothing hire company. By utilizing our services, all users are obligated to review, acknowledge, and adhere to the following terms and conditions. By engaging with our services, you are entering into a contractual agreement with Worn By Her, herein referred to as “Worn By Her”, “we”, “us”, or “our”.

By utilizing our Services, you consent to adhere to and be legally obligated by the terms and conditions outlined in these “Terms”. These Terms regulate your access to and utilization of the Site and Services, establishing a legally binding agreement between you and Worn By Her. If you do not agree with any portion of the Terms, we strongly advise you to cease using our services promptly.

Worn By Her retains the authority to modify the services offered and these Terms, provided such changes do not significantly impact your utilization of the services. Worn By Her advises you to review these Terms each time you engage with the services to stay informed about any amendments.

 

Section 1: Length of Consignment Agreement

 

1.1 Duration of Consignment Agreement: Garments are initially committed for a 6-month period, unless Worn By Her and the Owner reach a mutual agreement on an alternative timeframe.

1.2 The Owner relinquishes all rights to the garment during the period of which it is consigned to Worn By Her. 

1.3 If the garment is not hired out 24 hours before the Owner's event, the Owner reserves the right to use their own garment.

1.4 The garment is required to remain in the Worn By Her collection for the entirety of the agreement, including any outstanding bookings made within the specified time period of the agreement.

1.5 The consignment agreement will renew for six months and continue to apply past the specified time period of the consignment agreement if the Owner has not contacted Worn By Her to remove the garment from Worn By Her. 

 

Section 2: Consignment Fees and Pricing

 

2.1 Discounts: Worn By Her reserves the right to put in place any promotions or discounts at our discretion only. Owners are not entitled to give any discounts.

2.2 Consignment fee: The Owner will receive 50% of the hire price. This price is subject to (i) goods and services tax, (ii) any maintenance (general wear and tear), (iii) payment processing fees (via Shopify, Afterpay, PayPal etc.) (if applicable) and (iv) any promotions or discounts (if applicable). The amount will be debited into the Owner’s chosen bank account once the garment has been returned back to Worn By Her. 

 

Section 3: Condition of the Garment 

3.1 Condition of the garment: Garments must be presented to Worn By Her in a condition ready to hire. If the garment requires dry cleaning, Worn By Her can arrange this at the Owner’s cost. 

3.2 Worn By Her reserves the right to refuse the garment and void the Consignment Membership should any information provided be untrue or the garment arrives not as described.

3.3 General wear and tear and maintenance: Worn By Her will seek authorization to undertake any alterations or modifications necessary for the upkeep or significant enhancement of the garment.

3.4 Garments may incur some general wear and tear during the 6 month duration. Worn By Her will contact the Owner if there is significant wear and tear or any damage to the Garment.

 

Section 4: Lost, Stolen, or Damaged Garments

4.1 Lost, stolen, or damaged items while in the care of a Dry Cleaner or another Third Party: Worn By Her assumes no responsibility in the event of loss, theft, or damage to the garment while in the custody of a Dry Cleaner or another Third Party. Worn By Her will make reasonable efforts to secure compensation on behalf of the Owner in cases where the garment is lost, stolen, or damaged beyond repair while under the care of a Dry Cleaner or another Third Party.

4.2 Lost, stolen, or damaged items while in the care of a Client: If a Garment is not returned or damaged beyond repair by a Client, Worn By Her will make reasonable attempts to contact the Client and recover the Replacement Value. If within one week of initial contact nothing has been resolved, Worn By Her will deposit 25% of the replacement value to the Owner’s chosen bank account. If the Garment is recovered at a later date in good or gently worn condition, the deposited funds are to be returned to Worn By Her immediately by the owner. If funds are not deposited to Worn By Her’s bank account within a two week period from the date the owner was notified then the garment that has been recovered will remain under the ownership of Worn By Her until the funds are deposited.

4.3 Liability of Worn By Her: If a Garment is lost, stolen, or damaged while in the care of a Client, Dry Cleaner, or Third Party, and we are unable to recover the replacement value after reasonable attempts to recover the replacement value. Worn By Her will be liable for 25% of the replacement value. 

 

Section 5: Use of Garments for Content Creation and Photoshoots

5.1 Worn By Her reserves the right to use the garments for photoshoots and content creation in order to market and advertise the garment. This does not include influencer marketing.

5.2 Worn By Her will seek approval from the Owner before the garment is used for influencer marketing.

Definitions outlined below apply throughout the Terms:

 

“Booking Date”: the date on which you placed the order for the rental of a product, this date will be outlined in your rental agreement.

“Client”: defines the person that enters into a rental agreement with us. 

“Consignment”: refers to the act of consigning, the act of giving over to another person of agent’s charge, custody or care of any material or goods but retaining legal ownership until they choose to sell it.

“Content”: any photos, text, or any other information posted to the Worn By Her Platform or the Worn By Her social media platforms by Worn By Her or Members.

“Worn By Her”: Worn By Her, we, us, our.

“Delivery Fee”: the cost for each product to be delivered as part of the Services.

“Dry Cleaner”: refers to any individual or business who dry cleans garments for Worn By Her.

“Garment”: refers to the item the owner has consented to consign to us. They are also referred to as Rental Items.

“Owner”: defines the person(s) or business who has consigned their garment to Worn By Her and entered into a consignment agreement with us. 

“Postal Items”: refers to items that are hired and require delivery services. This is in contrast to local hires which are picked up and dropped off directly. 

“Rental Fee”: the fee to rent a product. 

“Rental Period”: the agreed period of time that the Garment is hired by the Client.

“Rental Return Date”: means the date the Garment is to be lodged at an Australia Post Office or returned to the pick-up location. 

“Rental Start Date”: means the date the Rental Period begins. This date is confirmed in your rental agreement.

“Replacement Value”: a reasonable estimate of the current market value of a product by Worn By Her. We shall determine the value in its sole discretion and its determination shall be final and binding. 

“Security Deposit”: means the security deposit applied to products over a certain value amount and determined by Worn By Her.  The sum of which shall be held until the product is returned and confirmed to be in good condition with no damage.

“Terms”: means these terms and conditions. 

“Third Party”: refers to any individual or business who is engaged by Worn By Her that is not listed above.