Terms and Conditions of Use – The Designer Hire

Welcome to The Designer Hire (“we”, “us”, “our”). These Terms and Conditions (“Terms”) govern your access to and use of www.thedesignerhire.com (the “Site”) and any related services, including hiring, listing, messaging, payments, and dispute handling (together, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. They include important information about your legal rights and obligations, limitations of liability, dispute resolution, and the recovery of unpaid amounts.

These Terms apply to all users, including customers, lenders, vendors, and visitors.

1. Definitions

In these Terms:

• Customer / Hirer means any person who hires an item via the Site.

• Lender means any person who lists an item for hire via the Site.

• Item / Garment means any fashion item listed for hire.

• Hire Period means the number of days the hire is booked for.

• Delivery Date means the date an item is scheduled/expected to arrive (not guaranteed).

• Return Date means the date by which the item must be lodged for return (as specified in the booking).

• Late Fees means fees payable for late return or non-return of an item.

• RRP means the recommended retail price of the item (replacement value).

• Policies means the additional policies referred to in clause 3.

2. Acceptance of Terms

By accessing the Site, creating an account, placing an order, completing a hire, listing an item, or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms.

Electronic acceptance (including by ticking a box at checkout, account registration, and/or completing payment) constitutes valid acceptance under Australian law.

If you do not agree, you must not use the Site or Services.

3. Policies Incorporated Into These Terms

These Terms incorporate, and must be read together with, the following policies (each as updated from time to time):

• Late Fees & Non-Return Policy

• Damage & Condition Reporting Policy

• Refunds, Returns & Disputes Policy

• Shipping Policy

• Prohibited Conduct & Off-Platform Policy

• Privacy Policy

These policies form part of these Terms as though set out in full here. Where a policy conflicts with these Terms, these Terms prevail to the extent of inconsistency, unless required otherwise by law.

4. Changes to Terms

We may update these Terms at any time. Continued use of the Site or Services after changes are posted constitutes acceptance of the updated Terms.

5. Eligibility and Accounts

You must be 18 years or older and capable of entering into a legally binding contract. You must provide accurate information and keep your account details current. You are responsible for all activity under your account.

6. Platform Role and Responsibility

The Designer Hire provides an online platform that facilitates hires between users. Unless explicitly stated otherwise, we do not guarantee the conduct of users or the outcome of individual hires.

Nothing in these Terms excludes any non-excludable guarantees under the Australian Consumer Law (ACL).

7. Listings and Item Information

Lenders must ensure items are accurately described and are lawful to hire. We may remove or amend listings that breach these Terms, are misleading, or are otherwise unsuitable.

8. Booking, Hire Period, and Return Obligations

When you complete a booking, you agree to:

• pay all fees displayed at checkout, and

• return the item by the Return Date and in accordance with return instructions.

A booking creates a binding agreement governed by these Terms and the relevant Policies.

9. Shipping, Delivery Delays, and Address Responsibility

Shipping is provided via third-party carriers (e.g., Australia Post/couriers). While we aim to assist, delivery timeframes are not guaranteed due to factors outside our control (carrier delays, weather events, peak periods, incorrect addresses, etc.).

You are responsible for:

• entering a correct delivery address,

• monitoring tracking where provided,

• being available to receive deliveries where required.

To the maximum extent permitted by law, we are not liable for carrier delays; however, we will act reasonably to support issue resolution and do not limit any rights you may have under ACL.

10. Condition Standards, Wear and Tear, and Damage

Customers must return items in the condition received (allowing for reasonable wear consistent with normal use). Customers are responsible for:

• damage beyond reasonable wear,

• stains, tears, missing components, or alterations,

• unauthorised cleaning methods or attempted repairs unless approved.

Lenders must supply items in good, wearable condition consistent with the listing.

11. Reporting Condition Issues and Evidence Requirements

If you believe an item arrived with an issue, you must report it within 24 hours of delivery and provide evidence in accordance with the Damage & Condition Reporting Policy.

To support a fair assessment, evidence should include:

• clear photos of the item before wearing/trying on where reasonably possible,

• photos of the full garment (front/back), close-ups of the issue, and

• photos of packaging/labels if relevant.

Evidence provided only while the item is being worn may be considered, but may carry less weight where it does not show condition prior to wear.

12. Dispute Resolution Workflow and “Return First” Principle

Where a dispute arises (including alleged faults), the standard process is:

1. Return the item first (unless otherwise required by law),

2. The item is assessed objectively and in good faith,

3. An outcome is determined under the Refunds, Returns & Disputes Policy and applicable law.

Customers must not retain an item while demanding a refund before return, except where the law requires a different process.

We may request additional information, photos, or documentation to determine outcomes fairly.

13. Late Fees, Non-Return, and RRP Cap

If an item is not returned by the Return Date, late fees apply at $20 per day.

Late fees accrue daily until they reach the RRP cap (replacement value) of the item. Once late fees reach the RRP cap, they are paused.

Late fees are payable immediately upon notice. Failure to pay is a breach of these Terms and may lead to debt recovery and/or legal action.

14. Refunds and Cancellations

Cancellations, refunds, and dispute outcomes are governed by the Refunds, Returns & Disputes Policy and any applicable ACL rights that cannot be excluded.

Refunds (where applicable) will generally be processed after return and assessment, unless required otherwise by law.

15. Failure to Pay, Debt Recovery, Collection Costs, and Interest

If any amounts owed to The Designer Hire remain unpaid (including hire fees, late fees, replacement costs, repair/cleaning costs, or other charges), we reserve the right to take reasonable steps to recover the outstanding amounts, including:

• engaging an external debt collection agency,

• commencing proceedings in the Magistrates Court and/or QCAT (where applicable),

• or any other lawful recovery action.

You expressly agree that if you fail to pay amounts owed, you will be liable for all reasonable recovery costs incurred by The Designer Hire as a result of the debt remaining unpaid, including but not limited to:

• debt collection agency fees,

• legal costs,

• interest,

• and commission on unpaid accounts,

provided these costs are reasonable and represent actual costs incurred.

16. Prohibited Conduct and Off-Platform Activity

You must not:

• harass, threaten, abuse, or use offensive language toward staff or other users,

• misuse personal information of any user,

• attempt to transact off-platform to avoid fees,

• post misleading, defamatory, or unlawful content,

• interfere with the Site, security, or operations.

We may suspend or terminate accounts for breach of this clause.

17. Privacy

Personal information is handled in accordance with our Privacy Policy. By using the Site, you consent to the collection and use of your information as described.

18. Limitation of Liability

To the maximum extent permitted by law, we exclude liability for indirect or consequential loss. Nothing in these Terms limits rights or remedies that cannot be excluded under the Australian Consumer Law.

19. Notices and Electronic Communications

You consent to receiving communications electronically (email and/or SMS where provided). Notices are deemed received when sent to your nominated contact details.

20. Force Majeure

We are not liable for failure or delay in performance caused by events beyond reasonable control (including carrier disruptions, extreme weather, outages, industrial action, or government restrictions).

21. Assignment

We may assign our rights under these Terms. You may not assign your rights without our written consent.

22. Entire Agreement, Severability, and No Waiver

These Terms and the Policies form the entire agreement between you and The Designer Hire regarding the Services.

If any provision is invalid or unenforceable, the remainder remains in full force. Failure to enforce a provision is not a waiver of the right to enforce it later.

23. Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts and tribunals of Queensland, including QCAT where applicable.

24. Contact

For assistance, please contact us via support@thedesignerhire.com