1.1 “High St. Hire” (“we”, “our”, “us”, “HSH” or “HIGH ST. HIRE”) means High St. Hire Pty Ltd (ABN 11 600 480 797) its successors and assigns or any person acting on behalf of and with the authority of High St. Hire Pty Ltd (ABN 11 600 480 797).2
1.2 “Services” means the High St. Hire website located at High St. Hire.com.au (the “Site”) and related services including High St. Hire’s fashion rental services online and in-store at the boutique 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 “Apparel” means all Apparel and item(s) (dresses, sets, tops, bottoms and accessories) supplied on hire by High St. Hire to the User (and where the context so permits shall include any incidental supply of services). The Apparel shall be as described on any invoices or other documentation provided by High St. Hire to the User.
1.5 “Rental Period” means the 4 or 8-day period that the User booked the Apparel for - starting from the day the Apparel is delivered to the User’s delivery address, to the day the Apparel is supposed to be dropped in mail by the User, or personally returned to the High St. Hire boutique, as shown on High St. Hire’s website.
1.6 “Rental Price” (“price”) means the cost of the hire of the Apparel as agreed between High St. Hire and the User subject to clause 4 of this contract.
1.7 “Rental Return Due Date” means the date the Apparel is expected to be back at High St. Hire. If a return date falls on a weekend or a public holiday, then the return date is to be the next business day.
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 Apparel 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 High St. Hire from the User for the hire of Apparel and/or the User’s acceptance of Apparel supplied on hire by High St. Hire shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one User has entered into this agreement, the User 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 High St. Hire.
3.4 The User shall give High St. Hire not less than fourteen (14) days prior written notice of any proposed change in the User’s 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 High St. Hire as a result of the User’s s failure to comply with this clause.
3.5 Apparel is supplied by High St. Hire 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 High St. Hire’s current Price, at the date of delivery of the Apparel, according to High St. Hire’s current Price list as detailed on High St. Hire’s website.
4.2 High St. Hire reserves the right to change the Price in the event of a variation to the User’s requirements.
4.3 At High St. Hire’s sole discretion a deposit may be required.
4.4 At High St. Hire’s sole discretion a bond may be required which shall be refunded upon return of the Apparel in a condition acceptable to High St. Hire.
4.5 At High St. Hire’s sole discretion:
(a) payment shall be due before delivery of the Apparel; or
(b) payment for approved Users shall be made by instalments in accordance with High St. Hire’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 High St. Hire 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 High St. Hire 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 the time the courier attempted first delivery to the User (or a third party nominated by the User) and shall continue until the Apparel is dropped in the mail to be returned back to High St. Hire or returned back at the High St. Hire boutique personally.
5.2 Where Apparel has not been returned to High St. Hire by the Rental Return Due Date then High St. Hire shall be entitled to charge additional hire fees until the Apparel is returned to High St. Hire and the User expressly authorises High St. Hire to deduct such additional hire fees from the User’s 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 $50 for each day overdue.
By accepting these terms and conditions, I authorise High St. Hire to charge the provided credit card or PayPal according to these terms and conditions outlined. This payment authorisation is for the goods/services described in these terms and conditions, for the amount indicated in these terms and conditions only. I certify that I am an authorised User of this credit card/ PayPal and that I will not dispute the payment with my credit card company; so long as the transaction corresponds to the terms indicated in this agreement.
5.3 When counting overdue days High St. Hire 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 High St. Hire an amount equal to 200% 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 fifteen (15) days after the return date, High St. Hire will consider the rental item(s) as non-returned and will charge the User’s credit card 200% of the recommended retail value.
6. Delivery of the Apparel
6.1 At High St. Hire’s sole discretion delivery of the Apparel shall be deemed to have taken place from the time the courier attempted first delivery to your nominated delivery address or time of your selected delivery date on your booking form, whichever comes first. Credits will not be issued for late delivery where you have not been available to accept delivery.
6.2 All item(s) are shipped Australia Wide via Express Post. The total hire fee includes the delivery to you, and the return back to us (in a pre-paid satchel). The delivery fee only applies to full bookings.
High St. Hire’s standard delivery method is Express Delivery Service, operated by 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 to two business days and High St. Hire has no control over this. If the User is located outside of the Express Post Network it is the User’s responsibility to advise High St. Hire’s customer service team at the time of booking that they may require High St. Hire to post their items(s) early to make sure they receive it on their selected delivery date.
At its sole discretion, High St. Hire may change these delivery fees.
6.3 The User may select the option to “Pick Up” and/or “Drop Off” the Item(s) at the High St. Hire store as their preferred delivery and return method. Pick up must be arranged during store operating hours and during the User’s 4 or 8-day rental period ONLY. For boutique “Drop Off”, customers are expected to return the item(s) within opening hours. If the return date falls on a day that the boutique is closed (Sunday and Public Holidays) the next day will be the required return date.
6.4 The User shall make all arrangements necessary to take delivery of the Apparel whenever tendered for delivery. In the event that the User is unable to take delivery of the Apparel at the nominated delivery address and for any reason High St. Hire is required to redeliver the Apparel then High St. Hire shall be entitled to charge a reasonable fee for the redelivery.
6.5 Any delivery time or date given by High St. Hire to the User is an estimate only. the User must still accept delivery of the Apparel even if late and High St. Hire will not be liable for any loss or damage incurred by the User as a result of the delivery being late.
6.6 High St. Hire does not take responsibility for orders where an incorrect/ineligible address has been provided. If you have supplied an incorrect address, you will not be entitled to a refund of any kind and you may be liable to pay any late fees or a replacement fee if the dress is not returned to us. If you have supplied an address that has a redirection service set up and your parcel is not delivered in time you will not be entitled to a refund
7.1 High St. Hire retains property in the Apparel nonetheless all risk for the Apparel passes to the User on delivery.
7.2 The User accepts full responsibility for the safekeeping of the Apparel.
7.3 High St. Hire offers free damage insurance to the value of five dollars ($5) to cover minor damage or staining. For minor damage and/or staining if High St. Hire assesses (at its sole discretion) that the cost of repairs will be over five dollars ($5), then the User will be required to pay the difference (e.g. if the repair cost is fifty five dollars ($55), then High St. Hire will require the User to pay fifty dollars ($50).
7.4 If the Apparel 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, High St. Hire will take into account, the demand of that dress in the market, the availability to purchase that dress in the market, the condition of the dress, and the rental fee that the User has already made.
High St. Hire advises the User to be extremely cautious if using fake tanning products or perfume. In the event that fake tan stains a garment or perfume damages the fabric and prevents it from being rehired, High St. Hire reserves the right to charge the User the replacement value of the item(s) subject to High St. Hire’s assessment of replaceable value.
7.5 To prevent the potential use of fraudulent credit cards (or other payment types), High St. Hire withholds the right to request proof of identity for orders it deems high value. Orders containing three or more dresses may be subject to this request. Where fraudulent activity is suspected, High St. Hire follows internal verification methods to ensure that the order is valid. If High St. Hire cannot confirm this, the order may be cancelled. If this is the case, the customer will be notified by email.
8. Title To Hired Apparel
8.1 The Apparel is and will at all times remain the absolute property of High St. Hire.
8.2 If the User fails to return the Apparel to High St. Hire then High St. Hire or High St. Hire’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 Apparel is situated and take possession of the Apparel.
8.3 High St. Hire reserves the right to terminate your right to rent products from us at any time at our own discretion should you breach these Terms and Conditions or for any other reasons.
9.1 The User shall inspect the Apparel on delivery and shall within four (4) hours of receipt of the Apparel notify High St. Hire (by phone or email) of any alleged defect, shortage in quantity, damage, sizing issues or failure to comply with what was ordered - regardless of whether the User deems the scale of damage acceptable or issue with the order negligible.
9.2 If the item(s) does not fit, and the User has contacted us within four (4) hours High St. Hire will endeavour to send an alternative style or size, subject to availability and courier service availability (must be within the Express network and dependent on confirmation from Australia Post) or if time permits will invite you to select an alternative option in-store before your event. the User will be required to pay any additional shipping charges incurred, if the User requests an alternative size/style be posted to them. Please note an alternative items(s) cannot be dispatched to you until you may provide proof/receipt of lodgement at a post office counter or can return the item(s) in-store.
You must return the item(s) UNWORN and with security tag(s) still attached within 24 hours to be entitled to an alternative style/size before your event. The term “unworn” will be determined by High St. Hire and must be fulfilled before an alternative garment can be issued.
If for any reason the above option for exchange cannot be arranged before the User’s event, the User will not be entitled to a refund. High St. Hire will provide a credit note to the User, minus shipping costs.
9.3 If item(s) is damaged you must provide images via email to firstname.lastname@example.org within four (4) hours of receipt. You may be responsible for the damage if we are not notified within this time period or sent photo evidence of the damage.
High St. Hire Apparel are kept in the best condition possible, however the User must accept and acknowledge that High St. Hire is a rental business and their Apparel has been pre-worn. There may be small areas of wear and tear on the item(s), and you will not be entitled to a refund, exchange or credit note for this scale of damage. You have the right to request photos before shipping of the item(s) you are hiring or inspect in person at our store.
10. Cancellation & Refund Policy
10.1 High St. Hire do not offer any refunds on incorrect sizing, postage delays, one-off promotional deals, change of mind or cancellations of bookings.
10.2 If the User wishes to cancel an order, a cancellation request form must be submitted on High St. Hire’s website as soon as possible.
10.3 Hire fees are non-refundable. If the User cancels their hire, they will be issued with a credit note to be used within 3 months from the date of cancellation.
10.4 Once the items(s) has been dispatched from High St. Hire’s premises, the User’s request for cancellation will not be accepted and the User will not be entitled to a refund or credit note.
10.5 All Apparel which is to be returned because of incorrect sizing or because the User has changed their mind must be sent back to High St. Hire within twenty-four (24) hours of delivery (unworn with tags still intact). Once High St. Hire has received an unworn, tagged dress back at the warehouse, High St. Hire will issue the User with a credit note or exchange equal to the dress rental cost, minus the shipping cost.
10.6 One credit note only can be applied per order. Credit notes are valid for 3 months from date of issue. Orders placed using credit notes are final and cannot be refunded or exchanged for another credit note.
10.7 Cancellations/returns on rental will not be accepted on days where there is a sale or a promotional offer.
10.8 High St. Hire may cancel these terms and conditions or cancel the delivery of Apparel at any time before the Apparel is delivered by giving written notice. On giving such notice High St. Hire shall repay to the User any sums paid in respect of the Price. High St. Hire shall not be liable for any loss or damage howsoever arising from such cancellation. In which event High St. Hire will issue the User a full refund of the dress rental cost, minus the shipping cost.
10.9 For any High St. Hire Item(s) purchased for keep you may return or exchange full priced item(s) within 7 days from when you receive your Item(s) for Australian customers and 21 days for international. Returns or exchanges will only be accepted with proof of purchase on Item(s). Item(s) returned outside this period will not be accepted. Please note due to health and hygiene regulations you cannot return any shapewear, fashion solutions and/or pierced jewellery.
Item(s) must be in original condition (including tags) and must not have been worn, altered or washed. All packaging (including garment bags) shipped with your order must be returned. Every clothing item shipped has a tag attached reading “once this tag is removed, this garment cannot be returned". Once this tag has been removed, the garment is no longer returnable. We recommend trying on all purchased item(s) as soon as they are received, to ensure adequate time to return items within our returns timeframe.
The cost of exchange/return is at the customer’s expense and must be returned back to High St. Hire with Australia Post as the nominated courier service. You will be required to email email@example.com with the tracking number so we can keep track of the Item(s) arrival. Please note we are not liable if your return is not received to the allocated address.
The allocated address for returned Item(s) to the delivery address below:
HIGH ST. HIRE
PO BOX 133
If your parcel goes missing, you will be required to provide two pieces of documentation; a proof of delivery at our registered address and a scanned image of the signature obtained upon delivery. If you cannot provide this information, High St. Hire will not be held accountable for any missing parcels.
11.0 Clearance sale Items are FINAL and cannot be returned or exchanged. User must accept and acknowledge that High St. Hire is a rental business and their Apparel has been pre-worn. There may be small areas of wear and tear on the Item(s), and you will not be entitled to a refund, exchange or credit note for this minor scale of damage or fault. You have the right to request photos before shipping of the purchased item(s) or inspect in person at our store (coming soon).
Our Sale Items are sub-categorised as Brand New, Pre-Loved and Final Sale. Any Item(s) available for purchase will have in the description one of three of these conditions mentioned to ensure you are aware of the state of the Item(s) before purchase.
(a) BRAND NEW
These pieces are completely brand new, with tags still attached and in perfect condition. Any item described as ‘Brand New’ is refundable within 7 days from when you receive your item(s) for Australian customers and 21 days for international.
Unfortunately, due to health and hygiene regulations you cannot return any shapewear, fashion solutions and/or pierced jewellery.
These pieces are ex-rental Item(s) that have only been worn a handful of times and in good condition. Almost brand new, these styles are marked down and considered a Sale Item, therefore they cannot be returned or exchanged.
(c) FINAL SALE
We wish to extend the lifecycles of our Item(s) and enhance the number of wears. For this reason, Item(s) heavily discounted have minor signs of wear and are the last of a style and/or size. Final Sale Item(s) are considered a clearance item and cannot be returned or exchanged.
11. User's Responsibilities
11.1 The User shall:
(a) immediately notify High St. Hire of any damage to the Apparel that occurs during the hire period;
(b) on termination of the hire, deliver the Apparel complete with all accessories, in good order as delivered, fair wear and tear accepted, to High St. Hire;
(c) keep the Apparel in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Apparel;
(d) not clean, wash, dry clean, alter or make any additions to the Apparel or in any other manner interfere with the Apparel.
12. User's Default and Consequences of Default
12.1 If the User owes High St. Hire any money the User shall indemnify High St. Hire from and against all costs and disbursements incurred by High St. Hire in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, High St. Hire’s collection agency costs, and bank dishonour fees).
12.2 Without prejudice to any other remedies High St. Hire may have, if at any time the User is in breach of any obligation (including those relating to payment) under these terms of hire High St. Hire may repossess the Apparel as per clause 8.2, or suspend or terminate the supply of Apparel to the User and any of its other obligations under the terms and conditions. High St. Hire will not be liable to the User for any loss or damage the User suffers because High St. Hire has exercised its rights under this clause.
12.3 Without prejudice to High St. Hire’s other remedies at law High St. Hire 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 High St. Hire may have and all amounts owing to High St. Hire shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to High St. Hire becomes overdue, or in High St. Hire’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 High St. Hire agreeing to supply Apparel, 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 High St. Hire from and against all High St. Hire’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising High St. Hire’s rights under this clause.
13.3 The User irrevocably appoints High St. Hire and each director of High St. Hire 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 High St. Hire 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 High St. Hire’s sole discretion. We reserve the right to change, condense or delete any content on our website that High St. Hire deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. High St. Hire does not guarantee that you will have any recourse through High St. Hire 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, High St. Hire reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not High St. Hire, 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 High St. Hire, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees. By submitting any content to High St. Hire, 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, libellous, 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 High St. Hire (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. Privacy Act 1988
15.1 The User agrees for High St. Hire to obtain from a credit reporting agency a credit report containing personal credit information about the User in relation to credit provided by High St. Hire.
15.2 The User agrees that High St. Hire 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 s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
15.3 The User consents to High St. Hire being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
15.4 The User agrees that personal credit information provided may be used and retained by High St. Hire for the following purposes (and for other purposes as shall be agreed between the Client and High St. Hire or required by law from time to time):
(a) the provision of Apparel on Hire; and/or
(b) analysing, verifying and/or checking the User’s credit, payment and/or status in relation to the provision of Apparel 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 s account in relation to the hire of the Apparel.
15.5 High St. Hire 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.
15.6 The information given to the credit reporting agency may include:
(a) personal particulars (the User’s s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the User’s s application for credit or commercial credit and the amount requested;
(c) advice that High St. Hire 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 fifteen (15) days, and for which debt collection action has been started;
(e) that the User’s 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 High St. Hire, the User has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the User’s 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 High St. Hire has been paid or otherwise discharged.
16. Intellectual Property
16.1 User acknowledges and agrees that High St. Hire’s trademark shall remain the intellectual property of High St. Hire at all times and further agrees that they shall not use the same for any purpose whatsoever without the express written approval of High St. Hire.
16.2 High St. Hire owns all content other than outlined content. This includes our website, database, content, images, logo, titles, names, illustrations, designs, marketing, graphics, text and images. You may not use this for any reason unless authorised in writing from High St. Hire. Any use of any content is against copyright law.
16.3 You must not access www.highsthire.com.au to do anything for an illegal purpose. International users agree to this in their jurisdiction. You must not attempt to hack, modify or use the website illegally. You must not do anything that would harm users or High St. Hire. You must not violate our trademark or copyright laws.
Any breach to any part of these terms and conditions terminates your agreement to use this page.
17. Personal Property Securities Act 2009 (“PPSA”)
17.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
17.2 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 Apparel that has previously been supplied and that will be supplied in the future by High St. Hire to the User.
17.3 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 High St. Hire 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 17.3(a)(i) or 17.3(a)(ii);
(b) indemnify, and upon demand reimburse, High St. Hire 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 Apparel charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of High St. Hire;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Apparel in favour of a third party without the prior written consent of High St. Hire.
17.4 High St. Hire 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.
17.5 The User waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
17.6 The User waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
17.7 Unless otherwise agreed to in writing by High St. Hire, the User waives their right to receive a verification statement in accordance with section 157 of the PPSA.
17.8 The User must unconditionally ratify any actions taken by High St. Hire under clauses 18.3 to 18.5.
17.9 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.
18.1 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.
18.2 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.
18.3 High St. Hire 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 High St. Hire of these terms and conditions (alternatively High St. Hire’s liability shall be limited to damages which under no circumstances shall exceed the Price paid for the hire or purchase of the Apparel).
18.4 High St. Hire 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 High St. Hire notifies the User of such change. Except where High St. Hire supplies further Apparel to the User and the User accepts such Apparel, the User shall be under no obligation to accept such changes.
18.5 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.
18.6 The failure by High St. Hire to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect High St. Hire’s right to subsequently enforce that provision.
18.7 Unless otherwise specified, the User agrees that by sending or tagging photos of wearing High St. Hire dress, High St. Hire 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 Apparel
19. Title To Apparel Being Sold To The User
19.1 High St. Hire and the User agree that the ownership of Apparel shall not pass until:
(a) the User has paid High St. Hire all amounts owing to High St. Hire; and
(b) the User has met all of its other obligations to High St. Hire.
19.2 Receipt by High St. Hire 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.
19.3 It is further agreed that until ownership of the Apparel passes to the User in accordance with clause 20.1 that:
(a) the User is only a bailee of the Apparel and must return the Apparel to High St. Hire on request.
(b) the User holds the benefit of the User’s s insurance of the Apparel on trust for High St. Hire and must pay to High St. Hire the proceeds of any insurance in the event of the Apparel being lost, damaged or destroyed.
(c) the User must not sell, dispose, or otherwise part with possession of the Apparel. If the User sells, disposes or parts with possession of the Apparel then the User must hold the proceeds of any such act on trust for High St. Hire and must pay or deliver the proceeds to High St. Hire on demand.
(d) the User irrevocably authorises High St. Hire to enter any premises where High St. Hire believes the Apparel are kept and recover possession of the Apparel.
(e) High St. Hire may commence proceedings to recover the Price of the Apparel sold notwithstanding that ownership of the Apparel has not passed to the User .
20. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
20.1 The User must inspect the Apparel on delivery and must within four (4) hours of delivery notify High St. Hire 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 Apparel as soon as reasonably possible after any such defect becomes evident. Upon such notification the User must allow High St. Hire to inspect the Apparel.
20.2 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).
20.3 High St. Hire acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
20.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, High St. Hire makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Apparel. High St. Hire’s liability in respect of these warranties is limited to the fullest extent permitted by law.
20.5 If the User is a consumer within the meaning of the CCA, High St. Hire’s liability is limited to the extent permitted by section 64A of Schedule 2.
20.6 If High St. Hire is required to replace the Apparel under this clause or the CCA, but is unable to do so, High St. Hire may issue a credit note (minus the cost of shipping) to The User of for any money the User has paid for the Apparel.
20.7 Subject to this clause 22, returns will only be accepted provided that:
(a) the User has complied with the provisions of clause 19.1; and
(b) High St. Hire has agreed that the Apparel are defective; and
(c) the Apparel are returned within a reasonable time at the User’s s cost (if that cost is not significant); and
(d) the Apparel are returned in as close a condition to that in which they were delivered as is possible.
20.8 Notwithstanding clauses 19.1 to 19.7 but subject to the CCA, High St. Hire 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 Apparel;
(b) the User continuing the use of any Apparel 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.