Terms and conditions

1.     Definitions

“Sydney Handbag Hire” or “SHH” means SHH, its affiliates or related entities.
“Item” means all Item(s) supplied by SHH 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 Item supplied by SHH, over the age of 16 and accepts the Terms of Use (by checking the box that states that the Customer accepts) of hiring the Item.

“Damage(s/d)” means any damage including, but not limited to, a stain, mark, tear, discoloration/changes to original colour, faultiness, caused to the Item during the Hire Period, whilst in the possession of the Customer.

“Debt Collectors” means any insurer, debt collection agency, or solicitor/barrister, which SHH 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 Item to the Customer.

“Dispatch Date” means the date that the Item has been sent by SHH to the Customer via Courier.

“Hire Period” means the duration between the Delivery Date and Return Date.

“Hire Fee” means the cost to hire the Item for the Hire Period.

“Additional Daily Fee” means the cost of any additional day with the Hire Period.
“Insurer” means a licenced insurance company.

“Order” means once a Customer places a booking for the Hire Period in payment of the Hire Fee, subject to these Terms of Use.

“Payment”/“Payment Card” means Mastercard, Visa and Paypal.

“Penalty Fee” means any amount owing for; a stolen, missing or damaged Item and/or the Item 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 SHH’s website.

“Return Date” means the date in which the Customer must lodge the delivery of the Item with Australian Post by. It also means the date in which the Customer must provide SHH a tracking number to show proof of lodgement.

“Third Party” means anyone other than SHH and the Customer – this includes, but is not limited to a friend, family member, acquaintance or unknown persons.

"This Website" means all webpages located on the www.sydneyhandbaghire.com.au domain name.

2.     Agreement of Hire
 
Your access and use of This Website constitutes your Agreement to these Terms of Use.
 
3.    Payment of Hire Fee
 
Upon accepting the Terms of Use, the Customer will be directed to make payment for the Item. Payment will be accepted through one of the following options:

  1. Bank Transfer;
  2. Paypal; or
  3. Credit card.

4.    Cancellation Fee
 
The Customer acknowledges and agrees that the Cancellation Fee is a reasonable estimate and that it is the anticipated loss that SHH will suffer by reason of cancellation.
 
5.     Personal Information

The Customer acknowledges and agrees that SHH will keep the Customer’s Personal Details confidential until the Customer returns the Item to SHH, except in the following circumstances;

  1. there are debts owing for a stolen and/or damaged Item, SHH will keep the Customer’s Personal Details until all and any Penalty Fees are paid in full;
  2. the Customer is a one-off Customer who is not registered with SHH and fails to return the Item late or at all, on time with or without damage(s), SHH will keep the Customer’s Personal Details until all Penalty Fee(s) are paid in full; or
  3. the Customer has any unpaid fees such as; Additional Daily Fee, damage fee etc. SHH, will bill the owing amount to the Customer who acknowledges they will be liable for such payment.

The Customer acknowledges and agrees that SHH can and will use the Customer’s Personal Details if the Customer is in breach of these Terms of Use which may include, but are not limited to the following:

  1. any damage caused to the Item;
  2. failing to return the Item;
  3. stealing the Item;
  4. returning the Item after the Return Date; or
  5. any cancellations that render a penalty, pursuant to these Terms of Use.

6.    Damages
 
Where an Item has been returned with damage(s), SHH will charge a Penalty Fee and bill the Customer for the costs of fixing the Item, and subsequently take any necessary action against the Customer, at its sole discretion without notice.
 
The bill will be emailed to the Customer in the form of a tax invoice.
 
After 48 hours of having billed the Customer, SHH will then either attempt to charge the Customers card for the damage fees and/or commence debt recovery action against the Customer, unless stated otherwise.
 
7.     Stolen or Unreturned Goods
 
In the event that the Customer or any third party has stolen, lost or not returned the Item, SHH will withdraw the full recommended retail price from the Customer’s card to replace the Item.
 
Where SHH is satisfied that the Customer has stolen the Item, SHH will provide the Customer’s personal information to the Police and/or Debt Collector for prosecution.
 
The Customer will 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 up until the full-recommended retail value of the Item has accrued.
 
In the event that the stolen Item is returned and is damaged, SHH will also charge the Customer a Penalty Fee, pursuant to these Terms of Use.
 
The Customer is liable if the Item is not returned in the same condition that it was received.
 
8.     Delivery and Returns
 
Orders must be placed by Thursday 3:00 p.m. AEST (Australian Eastern Standard Time or Australian Eastern Daylight Savings Time) if the desired delivery day is a Friday.
 
A tracking number will be provided to the Customer to track.
 
The Delivery Date takes effect once Customer is deemed to have received the Item, as determined by the courier or post office.
 
The Return Date takes effect once the Customer has lodged the Item with the post office evidence of lodgement is provided with a receipt and the tracking number.
 
The Customer has the responsibility to re-package the Item in accordance to SHH’s instructions to ensure that it is protected, subject to minimal damage and is returned the way it arrived.
 
The Customer will be liable for any damage(s) made to the Item via transit, if it was not packed/protected in accordance to SHH’s packing instructions.
 
The Customer will be responsible and liable for any damages that occurred during the Hire Period or once inspected by SHH upon return of the Item.
 
SHH will deliver the Item via Express Post through Australia Post.
 
The Customer acknowledges they are aware of the following:

  1. Express Post covers 80% of Australian business addresses, private addresses and post office boxes;
  2. Service operates between all capital cities except Darwin and Perth CBD and some major centres;
  3. Outside metropolitan areas guaranteed service is to and from townships only;
  4. 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
  5. If Australia Post/or other chosen courier company fails to deliver an Item on time for the Customer’s start date of the Hire Period, the Customer is entitled to a credit of the hire price for a period of 6 months; this does not include the shipping fee.

The Customer must return the Item/s over the counter to an Australian Post store before 4:00pm on the rental due date. The Customer must obtain a receipt as proof of postage. If the Item/s go missing and the Customer does not have a receipt for proof of return postage, the Customer will be liable of the full recommended retail price of the Item.
 
If the Customer has provided SHH with the wrong postal address, the Customer shall be liable if the Item is lost/stolen.
 
The Customer will be liable for a minimum Penalty Fee of $50.00 for every late day until the Item has been returned to SHH. 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 48 hours of having billed the Customer, SHH will then attempt to charge the Customers card and/or pursue debt recovery action unless stated otherwise by SHH.
 
If the Return Date lands on a public holiday the Customer will not be charged a late fee.
 
9.    Cancellations
 
Cancellations must be made by the Customer at least 48 hours prior to the Dispatch Date and will be subject to forfeit 30% of the Hire Fee.
 
Cancellations made less than 48 hours prior to the Dispatch Date, 100% of the Hire Fee will be forfeited.
 
The Customer acknowledges and agrees that this Clause is implemented to anticipate the loss that SHH will suffer by reason of the late cancellation.
 
SHH reserves the right to cancel an Order if they consider the documentation supplied is not valid, fraudulent or sufficient.
 
10.  Customer’s Obligations
 
The Customer has the following obligations to SHH:

  1. to ensure that the Item is not damaged or stolen;
  2. to return the Item by the Return Date;
  3. to not depart with possession of the Item to a third party;
  4. to notify SHH and make a police report if the Item has been lost or stolen;
  5. to pay any and/or all Penalty Fee(s) that have accrued;
  6. to provide SHH with photos of a true and valid drivers license and proof of residence such as a utility bill, statement from a financial institution, letter from a government institution or any other document required by SHH; and
  7. to comply with these Terms of Use, as amended from time to time and any other reasonable direction of SHH.

11.  Privacy
 
The Customer accepts and understands that SHH will take appropriate steps to verify the Customer’s identification.

The Customer accepts and acknowledges the following:

  1. that the Customer’s Personal Details will be released to the Insurer and Police and/or Debt Collector if SHH is satisfied that the Customer has stolen the Item;
  2. that 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 SHH has provided, to the Customer; and
  3. that the Customer has read and agrees to the Privacy Policy of SHH.

12.  Indemnity
 
The Customer will indemnify and hold harmless SHH, its partners, employees, subsidiaries and affiliates of loss from and against any and all fines, penalties, liabilities, losses, and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by SHH and such parties, and shall defend SHH and such parties against any and all claims arising out of (1) the Customer's breach of these Terms of Use; (2) your breach of the Terms of Use; (4) fraud committed, or intentional misconduct or gross negligence of the Customer; or (5) the Customer's violation of any applicable Australian or foreign law or the rights of a third party. SHH will control the defense of any claim to which this indemnity may apply, and in any event, the Customer shall not settle any claim without the prior written approval of SHH.