Hire Terms and Conditions
Effective date: 25/09/2026
Important notice
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy which cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.
Schedule 1 – Business and policy settings
The following settings form part of these Terms:
Hire Periods: 3, 4 and 8 calendar days are available for both collection and postal hires. For collection hires, Day 1 is the Collection Date. For postal hires, Day 1 is the Delivery Date on which we aim to have the Item delivered. We recommend selecting a Delivery Date 1-2 days before your Event Date. The general booking cut-off is 12:00 noon on the day before the Hire Period starts; for postal hires, the earlier dispatch deadline also applies.
Perth collection location: 62 Goddard Street, Lathlain WA 6100
Collection and return hours: Current hours are published on our website and may vary seasonally. Collection is by a booked 10-minute appointment during the published collection hours. Appointment returns to Vestir Studio must also occur during the current published opening hours; contactless returns may be made using the designated parcel letterbox where that return method applies.
Return deadline: Dry-clean-only local Items must be returned by 12:00 noon on the final day of the Hire Period to Full Steam Ahead Laundry Services, Shop 8/912 Albany Hwy, East Victoria Park WA 6102. A dry-clean-only Hire Period must not end on a Sunday because the dry cleaner is closed. Other local Items must be returned to Vestir Studio by the Return Deadline stated in the Booking, either by contactless return using the designated parcel letterbox or by appointment during current opening hours. Postal Items must be lodged by 4:00 pm on the final day of the Hire Period using the supplied prepaid Express Post satchel, either over the counter at an Australia Post outlet or in a yellow Express Post box.
Standard cleaning: Included in the Hire Fee.
Additional cleaning: If additional professional cleaning is required beyond standard cleaning, including because of fake tan, heavy makeup, oil, wax, excessive staining, odour or adhesive residue, you must pay the dry cleaner directly for the actual reasonable additional cleaning cost.
Late Return Fee: 10% of the Item's listed RRP on the Vestir Studio website for each calendar day or part-day after the applicable Return Deadline (12:00 noon for dry-clean-only local Items, the Booking-specific Return Deadline for other local Items, and 4:00 pm for postal Items), capped at the full listed RRP. We may also recover reasonable and evidenced lost hire revenue caused by the late return for bookings falling within the four weeks after the original Return Date, subject to clauses 11.5 and 11.6.
Card authorisation: For each Booking, payment credentials may be securely retained through the card-on-file/vault functionality provided by our rental and payment service providers. The authorised payment method may be used only for amounts reasonably payable under these Terms and subject to the notice and response process in clauses 12 and 16. Vestir Studio does not store raw card security codes or unencrypted card details in its ordinary business systems.
Optional Accidental Damage Protection: $14.95 per protected Booking/order. If selected and paid for when the Booking is made, it provides up to $200 in total cover for eligible accidental, repairable damage to Items in that Booking, subject to clause 12A. It does not cover loss, theft, irreparable damage, lost hire revenue or other exclusions in clause 12A.
Missing packaging: A missing or damaged garment bag or hanger may be charged at the actual reasonable replacement cost. Missing or damaged garment components, including detachable trims, straps, belts or similar parts, may be charged at the actual reasonable cost of repair or replacement, supported by a quote or invoice where appropriate.
Fault reporting target: For postal hires, as soon as reasonably practicable after receipt and preferably before the Item is worn. For collection hires, as soon as reasonably practicable after collection and preferably before the Item is worn.
Post-hire charge response period: 2 Business Days after the Business gives the Customer an itemised notice and supporting evidence.
Cancellation within initial grace period: No separate grace period applies. The standard cancellation policy applies from the time the Booking is confirmed.
Cancellation with long notice: More than 28 days before the Hire Period: full refund. No administration fee applies.
Cancellation with medium notice: 15 to 28 days before the Hire Period: 50% refund.
Cancellation with short notice: 14 days or less before the Hire Period: no change-of-mind refund, subject to the Customer's non-excludable legal rights.
Store credit and vouchers: Any store credit issued by Vestir Studio is valid for 12 months from the date of issue, is non-transferable, may be used across multiple hires until the balance is exhausted, and is not redeemable for cash except where required by law. Purchased dollar-value gift vouchers are transferable and giftable, may be used across multiple Bookings until the balance is exhausted, and remain valid for at least the minimum period required by applicable law. Competition prize vouchers are valid for one hire only up to the stated prize value, with any unused portion not carried forward unless the applicable competition terms state otherwise.
Non-return threshold: 10 calendar days after the Return Date, or earlier written confirmation that the Item has been lost or stolen. Late Return Fees stop once cumulative Late Return Fees reach the Item's listed RRP. No further late-return fee accrues after that point, although reasonable and evidenced lost hire revenue for affected subsequent confirmed Bookings may still be recoverable where permitted by these Terms.
1. Definitions
In these Terms:
ACL means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied in Western Australia.
Accidental Damage Protection means the optional $14.95 protection available for a Booking, providing the limited contractual benefits described in clause 12A.
Business, we, us or our means the legal entity identified at the beginning of these Terms.
Business Day means a day other than a Saturday, Sunday or public holiday in Perth, Western Australia.
Booking means an accepted order for the hire of one or more Items.
Customer, you or your means the person who makes the Booking. Where relevant, it includes an authorised cardholder or wearer to the extent that person has accepted obligations under the Booking.
Delivery Date means the date on which the Item is scheduled to be delivered.
Event Date means any event date disclosed by the Customer when making the Booking.
Fair Wear and Tear means minor deterioration arising from careful and ordinary use of the Item, having regard to its age, condition and nature. It does not include stains, tears, burns, broken fastenings, unauthorised alterations or other damage caused by misuse or failure to take reasonable care.
Hire Fee means the amount charged for the Customer’s temporary use of the Item.
Hire Period means the hire period recorded in the Order Confirmation.
Item means every garment, outerwear piece, accessory, bag, garment bag, hanger, reusable satchel or other item supplied under the Booking.
Order Confirmation means the email or electronic record confirming the Item, Hire Period, prices, delivery or collection arrangements, Return Date and Booking-specific conditions.
Replacement Value means the Item's listed recommended retail price (RRP) on the Vestir Studio website at the time the Booking was made.
Return Date means the final day of the Hire Period, by which the Item must be returned in accordance with clause 10 and the Booking-specific return requirements.
Terms means these Terms and Conditions, including Schedule 1.
2. Application and acceptance
2.1 These Terms apply to every Booking made through our website, at our Perth premises, by telephone, by email or through an approved social-media channel.
2.2 Before payment, you must be given a reasonable opportunity to read these Terms and actively confirm that you accept them.
2.3 A Booking contract consists of:
a. the Order Confirmation;
b. any Item-specific conditions clearly disclosed before payment;
c. Schedule 1; and
d. these Terms.
2.4 If these documents conflict, the Order Confirmation prevails for Booking-specific information, followed by Schedule 1 and then these Terms, but only to the extent permitted by law.
2.5 The version of the Terms accepted when the Booking is made applies to that Booking. A later amendment applies only to future Bookings unless agreed by both parties or required by law.
3. Eligibility and customer information
3.1 A Booking must be made by a person aged 18 years or over who is legally capable of entering into the Booking.
3.2 A person under 18 may wear an Item only where a parent or legal guardian makes the Booking and accepts full responsibility for the Item, including payment, care, condition and return.
3.3 You must provide accurate and current contact, payment, delivery, collection and event information.
3.4 You must promptly tell us if relevant information changes.
3.5 We may request reasonable identification to verify age, identity or collection authority, prevent fraud or protect a high-value Item.
3.6 We will use proportionate verification measures and handle personal information in accordance with applicable privacy law.
3.7 We may reasonably decline or cancel a Booking before dispatch where:
a. identity cannot reasonably be verified;
b. payment fails;
c. materially inaccurate information has been provided;
d. there is a genuine fraud or security concern; or
e. fulfilling the Booking would be unlawful or unsafe.
Any refund will be determined under clauses 13 and 14.
4. Bookings, availability and ownership
4.1 A Booking is confirmed only when we accept the order and receive cleared payment or any required deposit.
4.2 An automated acknowledgement does not constitute acceptance unless it expressly states that the Booking is confirmed.
4.3 The Item remains our property or the property of its relevant owner. You receive only a temporary right to possess and use it during the Hire Period.
4.4 You must not:
a. sell, sub-hire, pledge or encumber the Item;
b. give possession of it to another person other than an authorised wearer;
c. use it for commercial copying or manufacture; or
d. remove or obscure ownership, care or identification labels.
4.5 Because Items may be hired sequentially, an Item may become unavailable because of a previous customer’s late return, loss or damage. If that occurs, clause 14 applies.
4.6 Unless an Item-specific condition is clearly disclosed before the Booking, the same core hire, return, cancellation, cleaning, damage, loss and late-return rules apply to garments, outerwear and accessories.
5. Prices, GST, payment and card authorisation
5.1 Prices are stated in Australian dollars and include GST where applicable.
5.2 Before payment, we will display a prominent total price that includes the Hire Fee and all unavoidable or pre-selected charges.
5.3 Optional delivery and other optional charges will be disclosed before you select them.
5.4 Any payment surcharge:
a. will be disclosed before payment;
b. will not exceed the permitted cost of accepting that payment method; and
c. will be included in the displayed minimum price where no surcharge-free payment method is available.
5.5 You must pay the amount and by the time shown in the Booking.
5.6 If payment is reversed, dishonoured or not received, we may suspend the Booking, request another payment method or cancel the Booking.
5.7 By completing a Booking, you authorise our rental and payment service providers to securely retain a payment credential or token using their card-on-file/vault functionality. The authorised payment method may be used only for amounts reasonably payable under these Terms and subject to the notice and response process in clauses 12 and 16.
5.8 If you purchase Accidental Damage Protection, the $14.95 protection fee will be disclosed and charged as part of the Booking. Accidental Damage Protection is optional and does not limit any right or remedy you may have under the ACL.
6. Hire Period, collection and delivery
6.1 The Hire Period is recorded in the Order Confirmation and will be for 3, 4 or 8 calendar days. All three Hire Periods are available for both collection and postal hire. The general booking cut-off is 12:00 noon on the day before the Hire Period starts. For postal hires, the Booking must also be made before the applicable dispatch deadline, and where the two deadlines differ the earlier deadline applies.
6.2 For collection hires, Day 1 is the Collection Date. Collection is by a booked 10-minute appointment during the current collection hours published on our website.
6.3 For collection from our Perth premises, you or your authorised collector must:
a. attend during the agreed collection window;
b. provide the Booking details; and
c. show reasonable identification if requested.
6.4 For postal hires, Day 1 is the Delivery Date on which we aim to have the Item delivered. We dispatch postal hires by Australia Post Express by 11:00 am two business days before the selected Delivery Date, using a service that requires a signature on delivery. For example, if your Hire Period starts on Thursday, we will dispatch the Item by 11:00 am on Tuesday. Postal delivery is charged at $29.95 per order and includes Express Post delivery to you and a prepaid Express Post return satchel for the return.
6.5 We recommend selecting a Delivery Date 1-2 days before your Event Date to allow a reasonable delivery buffer. A delivery estimate is not a guarantee unless we expressly describe it as guaranteed.
6.6 If you choose a Delivery Date that falls on the Event Date, you accept the increased risk that a carrier delay may prevent the Item arriving in time, subject always to any rights or remedies that cannot lawfully be excluded.
6.7 You must provide a complete and accurate delivery address, monitor tracking, be available for signature on delivery or promptly collect an Item awaiting collection. You are responsible for additional cost or delay caused by an incorrect address, unauthorised redirection or failure to collect, to the extent that you caused or contributed to the issue.
6.8 Responsibility for the care of the Item passes to you when it is:
a. delivered to the nominated address;
b. collected by you; or
c. collected by your authorised representative.
6.9 Clause 6.8 does not remove any responsibility we may have for carrier arrangements, non-delivery, damage in transit or another matter under the ACL.
7. Inspection, faults, condition and fit
7.1 Items are professionally maintained hire garments and may show minor signs of previous careful use consistent with their age and disclosed condition.
7.2 We will take reasonable care to ensure that descriptions and photographs accurately convey material information about an Item’s size, colour, design and condition.
7.3 You should inspect the Item promptly after delivery or collection.
7.4 For postal hires, you should report an incorrect Item, material defect, stain, shortage or damage as soon as reasonably practicable after receipt and preferably before wearing the Item. For collection hires, you should report the issue as soon as reasonably practicable after collection and preferably before wearing the Item.
7.5 Where reasonably possible, your report should include photographs.
7.6 The reporting target assists us to investigate the matter. It does not exclude or limit a right or remedy that cannot lawfully be excluded.
7.7 Measurements and sizing information are guides only because garment fit varies between designers and body shapes. We do not guarantee fit and we recommend trying on Item before hire.
7.8 If the Item supplied complies with the Booking, Vestir Studio does not offer a refund, exchange or credit because of fit, sizing choice or change of mind, subject to any non-excludable rights under the ACL.
7.9 Measurements and sizing information are guides only. Customers are responsible for selecting an appropriate size and, where available, are encouraged to use Vestir Studio's try-on service before booking.
7.10 Vestir Studio may create and retain electronic condition records, photographs, customer acknowledgements and other evidence relating to the Item before, during and after the Hire Period. These records may be used when assessing cleaning, damage, loss, late-return or replacement charges.
8. Use and care
8.1 You must take reasonable care of the Item, keep it secure and use it only for its ordinary intended purpose.
8.2 You must not, without our prior written instructions:
a. wash, dry-clean, spot-clean, iron, steam, dye or otherwise treat the Item;
b. repair or attempt to repair it;
c. cut, hem, pin, tape, glue or alter it;
d. remove labels, hanging ribbons or protective components; or
e. make any temporary or permanent modification.
8.3 You must keep the Item away from smoke, pets, open flames and substances reasonably likely to cause damage.
8.4 You must follow any fabric-specific, jewellery, footwear, fake tan, makeup, perfume and/or body product precautions.
8.5 You must promptly notify us of material damage, loss or theft and follow reasonable instructions intended to minimise further loss.
8.6 You must not use the Item unlawfully or in a way that creates an unreasonable safety risk.
9. Cleaning
9.1 Standard professional cleaning after return is included in the Hire Fee and is our responsibility.
9.2 You must not clean the Item unless we give you written instructions.
9.3 Standard cleaning is included in the displayed Hire Fee.
9.4 Where use beyond ordinary wear requires additional professional cleaning not covered by standard cleaning, including because of fake tan, heavy makeup, oil, wax, excessive staining, odour or adhesive residue, you must pay the dry cleaner directly for the actual reasonable additional cleaning cost.
9.5 The additional cleaning cost must be reasonable and supported by an invoice, quote or other reasonable evidence from the dry cleaner.
9.6 If a stain or treatment causes permanent damage, clause 12 applies. We will not recover the same loss twice.
10. Returns
10.1 You must return every Item, including supplied packaging and accessories, by the Return Date, time and method stated in the Booking and these Terms.
10.2 For local returns: (a) an Item identified as dry-clean-only must be returned by 12:00 noon on the final day of the Hire Period to Full Steam Ahead Laundry Services, Shop 8/912 Albany Hwy, East Victoria Park WA 6102. Because the dry cleaner is closed on Sundays, a dry-clean-only Hire Period must not end on a Sunday; and (b) an Item that is not required to be returned directly to Full Steam Ahead Laundry Services must be returned to Vestir Studio by the Return Deadline stated in the Booking, either by contactless return using the designated parcel letterbox or by appointment during Vestir Studio's current opening hours.
10.3 For postal returns, you must:
a. place the Item in the prepaid Express Post satchel supplied with the hire;
b. lodge the satchel by 4:00 pm on the final day of the Hire Period, either over the counter at an Australia Post outlet or in a yellow Express Post box;
c. ensure the supplied return label is attached and the parcel is properly sealed; and
d. retain proof of lodgement or tracking information until we confirm receipt.
10.4 If the nominated return location is closed because of a public holiday or unexpected closure, you must return the Item at the earliest reasonable opportunity unless the Booking provides another fair alternative.
10.5 You must promptly notify us if a garment bag, hanger, reusable packaging or a garment component or accessory is missing or damaged.
10.6 A missing or damaged garment bag or hanger may be charged at the actual reasonable replacement cost. Missing or damaged garment components, including detachable trims, straps, belts or similar parts, may be charged at the actual reasonable cost of repair or replacement, supported by a quote or invoice where appropriate. If a missing or damaged component cannot reasonably be repaired or replaced and renders the Item unhireable, clause 12 applies.
10.7 A postal Item is treated as returned on time when it is properly lodged by 4:00 pm on the Return Date using the supplied prepaid Express Post satchel in accordance with clause 10.3. Responsibility for return-transit loss generally ends at proper lodgement where you retain reasonable proof of lodgement or tracking, except to the extent you caused or contributed to the loss.
11. Late returns
11.1 If you cannot return the Item on time, you must contact us immediately.
11.2 An extension is effective only when confirmed by us in writing.
11.3 A dry-clean-only local Item is late from 12:00 noon on the Return Date. Another local Item is late after the Return Deadline stated in the Booking. A postal Item is late if it has not been properly lodged by 4:00 pm on the Return Date in accordance with clause 10.3. The Late Return Fee in Schedule 1 applies separately to each late Item at 10% of that Item's listed RRP on the Vestir Studio website for each calendar day or part-day it remains late.
11.4 The Late Return Fee is capped when cumulative Late Return Fees reach the Item's full listed RRP. At the current rate of 10% of listed RRP per day, this occurs after 10 calendar days. No further Late Return Fee accrues after that point.
11.5 If the late return causes reasonable and evidenced lost hire revenue for a subsequent confirmed Booking, including an amount that we must refund because the Item is unavailable, you are responsible for that loss to the extent caused by your breach and not already compensated by another amount recovered under these Terms.
11.6 We must take reasonable steps to mitigate our loss and must not recover twice for the same loss.
11.7 Late Return Fees stop accumulating when:
a. the Item is properly returned; or
b. cumulative Late Return Fees reach the Item's listed RRP; or
c. total-loss liability under clause 12 is applied,
subject to accrued amounts and the prohibition against double recovery.
12. Damage, loss and theft
12.1 You are not responsible for:
a. Fair Wear and Tear;
b. a pre-existing condition;
c. an inherent defect;
d. loss or damage caused by us; or
e. loss or damage caused by another person, except to the extent you gave that person access to the Item or contributed to the loss.
12.2 Where you, an authorised wearer or a person given access by you causes or contributes to damage, you must pay the actual reasonable cost of assessing the damage, additional professional cleaning where applicable, and repairing the Item to a rentable condition, after applying any Accidental Damage Protection that validly applies to the Booking. Missing or damaged garment components may be charged at the actual reasonable cost of repair or replacement, supported by a quote or invoice where appropriate.
12.3 Where an Item is lost, not returned or damaged beyond economic repair, the Customer may be liable for the Item's listed RRP at the time of hire, together with any reasonable and evidenced lost hire revenue directly caused by the Item being unavailable for subsequent confirmed bookings. This clause also applies where a missing or damaged component cannot reasonably be repaired or replaced and, as a result, the Item is no longer hireable.
12.4 If an Item is stolen, you must report the theft to police and provide us with a copy of the police report or the relevant police report, incident or event reference number as soon as reasonably practicable.
12.5 Relevant bonds, Late Return Fees and other amounts already paid for the same loss will be credited against the final liability. We will not recover twice for the same loss.
12.6 If damage or repair work causes the Item to be unavailable for a subsequent confirmed Booking, you may also be responsible for reasonable and evidenced lost hire revenue directly caused by that unavailability, to the extent not already recovered under another provision of these Terms.
12.7 Before processing an additional charge, we will give you an itemised assessment, reasonable supporting evidence and 2 Business Days to respond, unless you accept the amount earlier.
12.8 If the Customer does not respond within 2 Business Days after Vestir Studio provides an itemised notice and reasonable supporting evidence, Vestir Studio may proceed to process the amount reasonably payable under these Terms using the authorised payment method.
12.9 Ownership of a damaged Item does not transfer to you unless we agree in writing after final payment.
12A. Optional Accidental Damage Protection
12A.1 Accidental Damage Protection is optional and costs $14.95 per Booking/order. It applies only if selected and paid for before the Hire Period begins and only to the Items included in that protected Booking.
12A.2 Subject to this clause, Accidental Damage Protection provides up to $200 in total toward the actual reasonable cost of specialist treatment or repair for eligible accidental, repairable damage arising during the protected Booking. The $200 limit applies to the protected Booking/order as a whole, not separately to each Item or incident.
12A.3 Eligible accidental damage may include stains requiring specialist treatment, damaged seams, broken straps, accidental zip damage, and damaged embellishments, trims or similar garment details, provided the damage is repairable and is not excluded under clause 12A.4. Accidental zip damage does not include damage caused by forcing a zip or wearing an incorrectly fitting garment.
12A.4 Accidental Damage Protection does not cover: ripped, torn or punctured fabric; loss or non-return; theft; deliberate damage; unauthorised alterations; washing, ironing or attempted repairs by the Customer; damage caused by negligence or misuse; late fees except to the extent described in clause 12A.7; lost hire revenue; irreparable damage; or repair and treatment costs above the $200 protection limit.
12A.5 If the total eligible repair or specialist-treatment cost exceeds $200, you remain responsible for the balance above $200. You also remain responsible for any amount relating to excluded damage or loss. Accidental Damage Protection has no cash value and cannot be applied to unrelated fees or another Booking.
12A.6 You must notify Vestir Studio of damage as soon as reasonably practicable, provide reasonable information or photographs requested to assess the damage, and must not wash, iron, alter or attempt to repair the Item unless we give you written instructions. We may obtain a quote, invoice or other reasonable evidence of the repair or specialist-treatment cost.
12A.7 For a protected postal Booking, postage delay protection applies where you can provide proof that the return was properly lodged on time in accordance with clause 10.3. A Late Return Fee will not apply where delay after timely lodgement is caused solely by Australia Post. For the avoidance of doubt, clause 11.3 also treats a postal Item as returned on time when it has been properly lodged by the required deadline.
12A.8 Accidental Damage Protection does not cover lost hire revenue, even where eligible accidental damage causes the Item to be unavailable for a subsequent Booking. Any such amount remains subject to the requirements and limitations elsewhere in these Terms, including the prohibition against double recovery.
12A.9 We will determine whether damage is eligible by reference to the condition of the Item, the nature and cause of the damage, the evidence reasonably available and this clause. Nothing in this clause excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified, including under the ACL.
13. Customer cancellations, exchanges and credits
13.1 You may request cancellation or exchange by contacting us using the details at the beginning of these Terms.
13.2 The time we receive the request determines the applicable Schedule 1 cancellation tier.
13.3 Where we have complied with the Booking and cancellation is for change of mind, event cancellation, illness or fit, the disclosed cancellation policy applies.
13.4 Any retained cancellation amount must be transparent and reasonably related to administration, garment preparation, reserved inventory and other legitimate unrecoverable loss.
13.5 An exchange to another available Item may be requested at least 48 hours before the Hire Period and is subject to availability. If the replacement Item is more expensive, you must pay the difference. If it is less expensive, we will refund the difference.
13.6 Any store credit issued by Vestir Studio is valid for 12 months from the date of issue, is non-transferable, may be used across multiple hires until the balance is exhausted, and is not redeemable for cash except where required by law.
13.7 Purchased dollar-value gift vouchers are transferable and may be gifted to another person. They may be used across multiple Bookings until the voucher balance is exhausted. Any remaining balance remains available for future use during the voucher validity period. Purchased gift vouchers remain valid for at least the minimum period required by applicable law.
13.8 A voucher awarded as a competition prize is valid for one hire only, up to the stated prize value. Any unused portion of the prize value is not carried forward unless the applicable competition terms state otherwise.
13.9 A store-credit policy does not replace a monetary refund where the law entitles you to one.
13.10 Nothing in this clause limits rights arising from:
a. our breach;
b. failure to meet a consumer guarantee;
c. misleading or deceptive conduct;
d. a legally frustrated contract; or
e. another non-excludable law.
13.11 Try-on appointment reminders may be sent approximately 72 hours before the appointment. If the Customer gives at least 48 hours' notice and the appointment has not previously been rescheduled, the Customer may choose either a refund of the appointment fee or one reschedule. Once an appointment has been rescheduled, any further cancellation or rescheduling request results in forfeiture of the appointment fee. A cancellation or rescheduling request made with less than 48 hours' notice, or a failure to attend, also results in forfeiture of the appointment fee.
13.12 Additional appointment information may also be set out in a separate Appointment Policy published on our website. If that policy conflicts with these Terms, these Terms prevail to the extent of the conflict, subject to applicable law.
14. Cancellation, delay or non-supply by us
14.1 We may cancel or alter a Booking before the Hire Period only for a genuine reason, including:
a. prior loss or damage to the Item;
b. a safety concern;
c. unavailability outside our reasonable control;
d. payment failure;
e. a genuine fraud concern; or
f. your material breach of these Terms.
14.2 If you are not responsible for the cancellation, we will promptly offer:
a. a reasonably comparable substitute acceptable to you; or
b. a full refund of amounts paid for the unavailable Item.
14.3 If the Item arrives too late to be used for a disclosed Event Date and you did not cause or knowingly accept the relevant delay risk, you should notify us promptly and return the Item unworn as reasonably directed.
14.4 We will provide the remedy required by the ACL and where applicable a refund of the affected hire and delivery charges (if any).
15. Australian Consumer Law
15.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
15.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.
15.3 Consumer guarantees applicable to hired goods may include guarantees that the Item:
a. is of acceptable quality, taking account of its age, disclosed condition and the nature of hire goods;
b. matches its description;
c. is reasonably fit for a purpose disclosed and relied upon before Booking; and
d. provides undisturbed possession during the Hire Period.
15.4 Related services must be provided with due care and skill, be fit for any disclosed purpose and be supplied within the agreed or a reasonable time.
15.5 Where there is a major failure, you may be entitled to reject the Item, cancel the affected service and select the remedy available under the ACL.
15.6 Where a failure is not major, we may be entitled to rectify it within a reasonable time.
15.7 A change-of-mind restriction, inspection timeframe, credit-only policy, limitation of liability or other contractual condition does not apply to the extent it conflicts with a non-excludable right.
15.8 Where a refund is required, it will be processed within a reasonable time using the original payment method unless you agree otherwise or that method is impracticable.
16. Additional charges and payment authority
16.1 Payment credentials may be securely retained through the card-on-file/vault functionality provided by our rental and payment service providers. Where an amount becomes reasonably payable under these Terms, we may use the authorised payment method subject to the notice and response process in this clause. The card-on-file/vault function does not permit us to charge amounts that are not otherwise payable under these Terms.
16.2 Before processing a post-hire cleaning, damage, loss, late-return, packaging or other charge under these Terms, we will first apply any valid Accidental Damage Protection to the extent it covers the relevant cost, then provide an itemised calculation and reasonable supporting evidence for any remaining amount and allow 2 Business Days for you to respond, unless you accept the amount earlier.
16.3 If you do not respond within 2 Business Days after we provide an itemised notice and reasonable supporting evidence, we may proceed to process the amount reasonably payable under these Terms using the authorised payment method. If you dispute an amount in good faith within that period, we will review the evidence before processing the disputed charge or taking external debt-collection action, except where proceedings are reasonably necessary to preserve a legal right.
16.4 An undisputed overdue amount may be recovered as a debt.
16.5 You are responsible for reasonable external recovery costs lawfully recoverable and reasonably incurred because of your breach.
16.6 We will not request or store card security codes or unencrypted raw card details in our ordinary business systems. Payment credentials and card-on-file/vault functionality are handled by our third-party rental and payment service providers.
17. Website information and intellectual property
17.1 We will take reasonable care to keep Item descriptions, availability, prices, charges and delivery information accurate.
17.2 Garment colour and appearance may vary between screens, lighting conditions and individual Items. Material variations and known defects will be disclosed where reasonably practicable.
17.3 Website content, branding, photographs and software are owned by or licensed to us.
17.4 You may use website content only for personal, non-commercial purposes and must not reproduce, scrape, commercially exploit or interfere with it except as permitted by law.
17.5 A third-party link is provided for convenience. We are not responsible for a third party’s separate content or service except to the extent we are legally responsible.
18. Privacy and communications
18.1 We handle personal information in accordance with our Privacy Policy and applicable privacy law.
18.2 We may collect information reasonably necessary for:
a. processing Bookings;
b. identity and fraud checks;
c. delivery and returns;
d. protecting or recovering Items;
e. responding to complaints;
f. complying with law; and
g. customer service.
18.3 We will take reasonable steps to protect personal information, restrict access and retain it only for as long as reasonably necessary or legally required.
18.4 We may send transactional email or SMS messages concerning orders, identity checks, delivery, collection, returns, charges and disputes.
18.5 Marketing communications will be sent only as permitted by law and will contain an unsubscribe facility where required.
18.6 Permission to use your photograph, review or social-media content must be obtained separately and must describe the permitted use.
19. Liability and indemnity
19.1 To the maximum extent permitted by law, neither party is liable for indirect or consequential loss which was not reasonably foreseeable when the Booking was made.
19.2 No exclusion or limitation in these Terms applies to:
a. fraud or wilful misconduct;
b. liability which cannot legally be excluded;
c. death or personal injury caused by negligence; or
d. your ACL remedies and entitlement to compensation.
19.3 You indemnify us only for reasonable third-party loss or claims to the extent caused by:
a. your unlawful use of the Item;
b. your intentional misconduct;
c. negligent loss of or damage to the Item; or
d. your material breach of these Terms.
19.4 The indemnity is reduced to the extent that we or another person caused or failed to mitigate the loss.
19.5 You must follow disclosed safety and care instructions and consider personal allergies and sensitivities. This does not exclude liability for an unsafe Item, negligence or any other liability which cannot lawfully be excluded.
20. Events beyond reasonable control
20.1 A party is not responsible for delay caused by an event beyond its reasonable control to the extent that the party took reasonable precautions and mitigation measures.
20.2 The affected party must notify the other promptly and provide reasonable updates.
20.3 The parties will attempt in good faith to reschedule, substitute or otherwise reduce the effect of the event.
20.4 If performance becomes legally or practically impossible and the contract is frustrated, the parties’ rights will be determined by applicable law.
20.5 This clause does not remove a statutory entitlement to a refund or another remedy.
21. Complaints and disputes
21.1 You should first contact us using the contact details at the beginning of these Terms and provide:
a. your Booking number;
b. details of the issue;
c. relevant photographs or documents; and
d. your requested outcome.
21.2 We will acknowledge a complaint within 2 Business Days and aim to provide a substantive response within 5 Business Days.
21.3 The parties will attempt to resolve a dispute in good faith.
21.4 Either party may propose mediation.
21.5 Nothing in this clause prevents you from contacting Consumer Protection Western Australia, the ACCC, a payment provider, a court or another competent authority, or from seeking urgent relief.
21.6 Any debt-recovery or account-restriction action must be proportionate and lawful and must not involve coercion, harassment, misleading threats or public disclosure of an alleged debt.
22. General provisions
22.1 If a provision is invalid or unenforceable, it is to be read down to the minimum extent necessary or severed without affecting the remainder.
22.2 A failure or delay to exercise a right is not a waiver. A waiver must be in writing and applies only to the stated circumstances.
22.3 You may not transfer a Booking without our written consent. Consent will not be unreasonably withheld where the proposed wearer satisfies applicable eligibility and identity requirements.
22.4 We may transfer the agreement as part of a genuine transfer of our business, subject to your non-excludable rights.
22.5 Notices may be sent to the contact details recorded in the Booking.
22.6 Electronic communications are treated as received when capable of being retrieved at the nominated address, subject to applicable law and any delivery-failure notice.
22.7 These Terms do not create a partnership, employment, agency or fiduciary relationship.
22.8 Headings are for convenience and do not affect interpretation.
23. Governing law and jurisdiction
23.1 These Terms are governed by the laws of Western Australia and the applicable laws of the Commonwealth of Australia.
23.2 The parties submit to the non-exclusive jurisdiction of the courts and other competent dispute-resolution bodies of Western Australia.
23.3 Nothing in this clause restricts a consumer’s right to rely on another applicable law or bring a claim in another competent forum.
24. Contact details
Questions, notices and complaints should be sent to:
BUSINESS NAME: VESTIR STUDIO
Legal entity: Shaddow Enterprises Pty Ltd as trustee for the Marta Trust
ABN: 91 744 939 365
Address: 62 Goddard Street, Lathlain WA 6100
Email: info@vestirstudio.com.au
Telephone: 0404 777 077