The following terms and conditions constitute to a legally binding document based on the rental agreement between you (the renting customer) and Runway Closet. By contacting, hiring or browsing the Runway Closet website or social media accounts Runway Closet will assume that you agree to the following terms and conditions.
- Key Terms
“Runway Closet” (“we”, “our”, “us” or “RC”) means Runway Closet (ABN 79 623 352 689), or any person acting on behalf of and with the authority of Runway Closet (ABN 79 623 352 689).
“Services” means the Runway Closet website located at www.runwaycloseaust.com.au (the “Site”) and all related services including Runway Closet’s Showroom service.
“Renter” (“client”, “customer”, “you” or “your”) means the Renter or any person acting on behalf of and with the authority of the Renter
“Lender” (“client”, “customer”, “you” or “your”) means any third party providing goods to Runway Closet to lend as Attire under this agreement.
“Lender Fees” means the fee that Runway Closet charges a Lender for the use of its service, which includes dry cleaning, advertising, storage and insurance of the Lender’s Attire
“Attire” means all Attire (including any garment or fashion accessary) supplied on hire by Runway Closet to the (and where the context so permits shall include any incidental supply of services). The Attire shall be as described on any invoices or other documentation provided by Runway Closet to the Renter.
“Rental Period” means the period that the Renter booked the Attire for – for local Renter’s; starting from the day the Attire is collected from the Runway Closet Showroom to the day the Attire is due to be dropped back to the showroom. For interstate Renter’s; starting from the day the Attire is delivered to the Renter’s delivery address, to the day the Attire is supposed to be dropped in mail by the Renter.
“Rental Price” (“price”) means the cost of hire of the Attire as agreed between Runway Closet and the Renter subject to clause 2 of this contract.
“Rental Return Due Date” means the date the Attire is expected to be back at Runway Closet’s Showroom. For rentals being collected, this is the final day of the Rental Period. For interstate hire’s the Rental Return Due Date is calculated to be within three (3) business days from the end of the Rental Period, depending on the Renter’s location.
“CCA” means the Competition and Consumer Act 2010 (Cth) or any replacement legislation.
Runway Closet’s rental service is based on an agreement between two people, the Renter who rents the Attire and Us. The Attire is not for sale and is not available for third party renting.
- Price and Payment
The Price shall be Runway Closet’s current Price, at the date of acceptance or delivery of the Attire, according to Runway Closet’s current Price list as detailed on Runway Closet’s website. Runway Closet reserves the right to change the Price in the event of a variation to the Renter’s requirements.
A security bond of $50 shall be required which shall be refunded upon return of the Attire in a condition acceptable to Runway Closet. This is the minimum bond, and if the Runway Closet website indicates an increased bond will apply to a specific item the Renter agrees to provide this increased bond. Interstate hires shall allow three (3) working days for the process of bond refund, as the Attire needs to.
Payment may only be made by credit card (MasterCard and Visa accepted) or by any other method as agreed to between Runway Closet and the Renter. Should an invoice ever be issued for payment for any reason, payment shall be due within seven (7) days of the date of the invoice.
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. All Prices on our website are denominated in Australian Dollars.
- Rental Period and Late Fees
Rental period shall commence:
- a) From the time at which the Attire is picked up from the Runway Closet Showroom until the time at which the Attire is dropped off to the Runway Closet Showroom; or
- b) When the Renter (or a third party nominated by the Renter) signs the Courier’s delivery receipt and shall continue until the Attire is dropped in the mail.
When Attire has not been returned to Runway Closet by the Rental Return Due Date, Runway Closet shall be entitled to charge additional hire fees fixed at $30 for each day overdue. This is charged from the first day following the Rental Return Due Date up to the date the Attire is received (inclusive). By signing these conditions the Renter hereby authorises Runway Closet to deduct such additional hire fees from the Renter’s credit card, which was provided at the time of placement of the order. For interstate Renters when counting overdue days Runway Closet shall not count either Sundays or Public Holidays when the post office is closed as being part of the overdue period. If the Renter pays Runway Closet an amount equal to 150% of the RRP in late fees and the Renter still has the Attire in their possession, the Attire is the Renter’s to keep. Notwithstanding anything else in these terms, if the Renter has not returned the rented Attire within fourteen (14) days after the return date, Runway Closet will consider the Attire as non-returned and will charge the Renter’s credit card 150% of the RRP excluding late fees that have already been paid. The parties agree that this is a fair assessment of the damages suffered by Runway Closet in replacing the Attire, as well as restocking and lost opportunity.
- Delivery of the Attire
Runway Closet applies the fastest shipping method at checkout to ensure your order is with you before or on your requested date. Our shipping fee starts at $22. This fee includes the delivery to you, and the return to us (in a pre-paid satchel). The delivery fee only applies to interstate bookings. Standard Showroom Hires are exclusive/inclusive of shipping costs.
Runway Closet’s preferred delivery method is Australia Post’s Express Delivery Service (see Australia Post's Terms and Conditions). Express Delivery is a guaranteed next business day delivery within the Express Post network. Where the Renter’s location is outside of the Express Post network, it will take more than one business day. To prevent disappointment Runway Closet will post Weekend Hires on a Wednesday morning. In no circumstances is Runway Closer liable for late delivery due to the fault of Australia Post, however if this situation does occur a store credit may be granted at the discretion of Runway Closet.
If an order is places by a Renter after 3.00pm, the earliest it can be mailed by Runway Closet is the following business day (if this is required to achieve desired delivery time). Runway Closet is not liable should the Renter place an order without allowing sufficient time for delivery, in which case the Renter must still accept the Attire and return it in accordance with these terms and conditions, and there shall be no refund of the Rental Price.
Same Day Delivery is also available for Renter’s in the Sunshine Coast Region (within 20km of Maroochydore). In the event that the Renter Requests Same Day Delivery, the Renter will incur an additional fee of $20 for delivery ONLY. These delivery fees are subject to change. Same Day Delivery is available between 11am - 5pm, Monday through Friday, provided that such order is placed by 3.00pm.
All orders require signature on delivery, if you are unavailable to sign, the parcel will be taken to your local post office awaiting collection by the You.
Any delivery time or date given by Runway Closet to the Renter is an estimate only. The Renter must still accept delivery of the Attire even if late.
- Return of the Attire
For weekend hires the Renter shall return the Attire back to the Runway Closet Showroom no later than 3pm Monday, unless otherwise agreed in writing. Interstate Renter’s shall deliver the Attire to Australia Post no later than 3pm Monday in the satchel provided.
For weekday hires the Renter shall return the Attire to the Runway Closet Showroom by 5pm the following day unless stated otherwise on the Runway Closet website or at the time of order. Interstate hires shall deliver the Attire to Australia Post by 5pm the following day in the satchel provided.
Runway Closet shall keep record of all tracking numbers and will use as evidence of any late returns (See Clause 3 Late Fees). If for any reason a substitute satchel is required, it shall be at the Renter’s expense and the renter shall provide Runway Closet with new tracking numbers. Failure to do so will result in the renter being liable to pay for the replacement of Attire should the Attire become lost or stolen during transit.
Included in the Rental Price is a cleaning fee. Runway Closet will dry clean the Attire after each rental period. We use experienced dry cleaners that are familiar with the care instructions. The Renter shall not attempt to clean the Attire. If the Renter attempts to clean the Attire and it results in permanent damage, the Renter may incur additional fees.
Furthermore, any Attire returned stained or soiled resulting in extra cleaning shall be liable for additional cleaning fees. If Runway Closet considers the Attire to be beyond economical cleaning, Runway Closet will charge the Renter the full replacement value of the Attire. The replacement value of the Attire will be advertised on the Runway Closet website, and by placing an order you accept the advertised replacement value.
It is the Renter’s responsibility to inspect the Attire on delivery and notify Runway Closet (by phone or email) within four (4) hours of acceptance of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.
Runway Closet accepts fair wear and tear, however when Attire is returned damaged Runway Closet may at its sole discretion repair the Attire and charge the Renter for those repairs. If Runway Closet considers the Attire to be beyond economical repair, Runway Closet will charge the Renter the full replacement value of the Attire. The replacement value of the Attire will be advertised when borrowing, and by accepting the terms and conditions when You place your order. By placing the order, you agree to pay to Runway Closet the replacement value if the Attire is lost or damaged.
Runway Closet retains sole ownership of the Attire, however all risk for the Attire transfers to the Renter on acceptance/delivery of Attire.
The Renter accepts full responsibility for the safekeeping of the Attire.
If the Attire becomes lost or stolen, whether or not such loss or theft is attributable to any negligence, failure, or omission of the Renter then the Renter will be liable to pay for replacement of the Attire. The replacement value of the Attire will be advertised when borrowing, and by accepting the terms and conditions when You place your order. By placing the order, you agree to pay to Runway Closet the replacement value if the Attire is lost or damaged.
To prevent the potential use of fraudulent credit cards (or other payment types), Runway Closet reserves the right to request proof of identity for orders at Runway Closet’s discretion.
- Title to Hired Apparel
The Attire is and will at all times remain the sole property of Runway Closet. Except where the Attire is hired out by Runway Closet on behalf of the Lender, in which case the Attire is and will at all times remain the sole property of the Lender.
- Cancellations/Sizing Issues/Returns
Cancellations providing greater than fourteen (14) days’ notice are entitled to a full refund or a store credit (at Runway Closet’s discretion). A store credit is to be redeemed within twelve (12) months of the cancellation date. Cancellations made less than fourteen (14) days period, but greater than seven (7) day’s notice are entitled to a store credit only. Any cancellation made within seven (7) days will incur the total cost of hire excluding dry cleaning fees.
All Attire, which is to be returned because of incorrect sizing, must be sent back to Runway Closet within twenty-four (24) hours of pickup or signing for the delivery. You must email stating your intent to return the Attire before posting back. On return, given the Attire shows no evidence that it has been worn or defects, Runway Closet will issue the Renter a store credit minus shipping costs, which is to be redeemed within 12 months of the return date. Alternatively, the Renter may request a product exchange to the value of original hire minus shipping costs.
- Renter’s Responsibilities
The Renter shall;
(a) immediately notify Runway Closet of any damage to the Attire that occurs during the hire period;
(b) on termination of the hire, deliver the Attire complete with all accessories, in good order as delivered, fair wear and tear accepted, to Runway Closet;
(c) keep the Attire in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Attire;
(d) not alter or make any additions to the Attire or in any other manner interfere with the Attire.
Runway Closet may cancel these terms and conditions or cancel the delivery of Attire at any time before the Attire is delivered by giving written notice. On giving such notice Runway Closet shall repay to the Renter any sums paid in respect of the Price. Runway Closet shall not be liable for any loss or damage howsoever arising from such cancellation.
- Loyalty Program
Runway Closet shall provide the Renter with a 50% discount off the total Rental Price on their fifth rental. Evidence of rentals will be recorded on loyalty cards provided by Runway Closet. Interstate hires will receive their loyalty card with their Attire and shall return it with the Attire to be marked and sent out on future rentals. It is the Renter’s responsibility to ensure their loyalty card is marked on the return of every rental. At Runway Closet’s sole discretion any Renter that has not adhered to these Terms and Conditions or return damaged Attire may not have this loyalty program honoured.
- Statutory Exclusions
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).
Runway Closet acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Runway Closet makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Apparel. Runway Closet’s liability in respect of these warranties is limited to the fullest extent permitted by law.
- Use of Credit Card
Where the Renter must pay an amount to Runway Closet under this agreement, the Renter authorised Runway Closet to charge such amount to the credit card used to pay the Rental Price without further notice to the Renter, provided that such amount is limited to a maximum of 150% of the RRP for the Attire that is the subject of the relevant order.
Runway Closet’s lending service is based on an agreement between two people, the Lender who loans the Attire and Us. The Attire is not for sale; however, Runway Closet shall rent the Attire to a third party and pay the Lender a portion of the total Rental Price.
The Lender shall email Runway Closet with their intent of loaning their Attire to us. The email shall state the history of the Attire, including but not limited to the brand and style/print, purchase date, recommended retail price, any damage significant or minor, as well include detailed and current photos of the Attire.
Runway Closet shall only accept Attire from a Lender if the recommended retail price is greater than $200 per item. Runway Closet may at its sole discretion deem that the Attire is not suitable for Runway Closet’s rental service irrespective of the RRP of the Attire.
Runway Closet may at its sole discretion return any Attire received that is deemed to be damaged beyond what the Lender declared or if the Attire does not match the Lender’s description. In such instances, it is the Lender’s responsibility to pay for return shipping and Runway Closet shall not release the Attire until such payment is cleared via direct deposit or credit card.
- Lender’s fees
Runway Closet shall pay the Lender 40% of the total Rental Price. The remaining 60% of the Rental Price shall be paid to Runway Closet and this fee shall be used to pay for insurance, advertising, professional cleaning and storage of the Attire.
Runway Closet shall pay the Lender within 48 hours of a successful hire. Payment shall be made via direct deposit into the account provided when agreeing to these terms and conditions.
Runway Closet shall advertise the loaned Attire on its website www.runwaycloset.com.au and social media pages. Runway Closet may at its sole discretion utilise photographs provided by the Lender on the Runway Closet marketing platforms. By engaging Runway Closet’s Lending service, the Lender agrees to these terms.
The Lender shall deliver the Attire to Runway Closet cleaned to the standard as stated on the care instructions of the Attire. Runway Closet will not accept any Attire that is soiled or requiring stain removal.
After each rental period Runway Closet shall have the Attire professionally cleaned in accordance with the Attire care instructions.
If located on the Sunshine Coast it is the Lender’s responsibility to personally deliver Attire to the Runway Closet Showroom on the agreed date and time. Interstate Lender’s shall post Attire to Runway Closet. Runway Closet does not become liable for the Attire until delivery has been signed and accepted.
Either party is at liberty to cancel the loan agreement at any time. Either party shall give Twenty-one (21) days written notice. Where the Lender resides locally on the Sunshine Coast they shall collect the Attire at an agreed upon date and time within the twenty-one (21) day cancellation period. For Interstate Lender’s, Runway Closet shall send the Attire to the provided address via Express Post within the twenty-one (21) day cancellation period. A tracking number shall be provided to the Lender.
- Lender’s Insurance
It is the Lender’s responsibility to declare (in writing via email) any damage of their Attire before delivery to Runway Closet. Runway Closet shall take photos of the Attire upon arrival and use these as evidence.
If the Attire becomes lost, stolen or damaged beyond repair, Runway Closet shall be liable to pay the Lender 30% of the recommended retail price of the Attire. It is reasonable to accept that any Attire that has been worn decreases in value dramatically. Where the Attire is new season (less than six months old) and deemed brand new or where the Attire is limited edition/rare the Lender may negotiate the replaceable price, which is to be included on the signed Lender’s Agreement.
- Default and Consequences of Default
If the Renter owes Runway Closet any money the Renter shall indemnify Runway Closet from and against all costs and disbursements incurred by Runway Closet in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Runway Closet’s collection agency costs, and bank dishonour fees).
Without prejudice to any other remedies Runway Closet may have, if at any time the Renter is in breach of any obligation (including those relating to payment) under these terms of hire Runway Closet may repossess the Attire, or suspend or terminate the supply of Attire to the Renter and any of its other obligations under the terms and conditions. Runway Closet will not be liable to the Renter for any loss or damage the Renter suffers because Runway Closet has exercised its rights under this clause.
Without prejudice to Runway Closet’s other remedies at law Runway Closet shall be entitled to cancel all or any part of any order of the Renter which remains unperformed in addition to and without prejudice to any other remedies Runway Closet may have and all amounts owing to Runway Closet shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Runway Closet becomes overdue, or in Runway Closet’s opinion the Renter will be unable to meet its payments as they fall due; or
(b) the Renter 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 Renter.
In the event an amount is not paid by the Renter at the time it is due, then Runway Closet may charge interest at the rate of 2% per month of any overdue amount, on a daily basis and from the first day it is overdue until the date it is paid.
- Security and Charge
10.1 In consideration of Runway Closet agreeing to supply Apparel, the Renter 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 Renter either now or in the future, to secure the performance by the Renter of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
10.2 The Renter indemnifies Runway Closet from and against all Runway Closet’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Runway Closet’s rights under this clause.
10.3 The Renter irrevocably appoints Runway Closet and each director of Runway Closet as the Renter'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 Renter's behalf.
- Renter 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 Runway Closet 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 Runway Closet’s sole discretion. We reserve the right to change, condense or delete any content on our website that Runway Closet deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. Runway Closet does not guarantee that you will have any recourse through Runway Closet 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, Runway Closet reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Runway Closet, 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 Runway Closet, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting any content to Runway Closet, 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 Runway Closet (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.
- Intellectual Property
12.1 Renter acknowledges and agrees that Runway Closet’s trademark shall remain the intellectual property of Runway Closet at all times and further agrees that they shall not use the same for any purpose whatsoever without the express written approval of Runway Closet.
- Personal Property Securities Act 2009 (“PPSA”)
13.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
13.2 Upon assenting to these terms and conditions in writing the Renter 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 Attire that has previously been supplied and that will be supplied in the future by Runway Closet to the Renter.
13.3 The Renter 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 Runway Closet 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 18.3(a)(i) or 18.3(a)(ii);
(b) indemnify, and upon demand reimburse, Runway Closet 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 Attire charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of Runway Closet;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Attire in favour of a third party without the prior written consent of Runway Closet.
13.4 Runway Closet 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.
13.5 The Renter waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
13.6 The Renter waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
13.7 Unless otherwise agreed to in writing by Runway Closet, the Renter waives their right to receive a verification statement in accordance with section 157 of the PPSA.
13.8 The Renter must unconditionally ratify any actions taken by Runway Closet under clauses 19.3 to 19.5.
13.9 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.
14.1 If any provision (or part of a provision) of these terms and conditions shall be invalid, void, illegal or unenforceable, the offending provision (or part of a provision) shall be severed so that the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.
14.3 Runway Closet shall be under no liability whatsoever to the Renter for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Renter arising out of a breach by Runway Closet of these terms and conditions (alternatively Runway Closet’s liability shall be limited to damages which under no circumstances shall exceed the Price paid for the hire or purchase of the Apparel).
14.4 Runway Closet 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 Runway Closet notifies the Renter of such change. Except where Runway Closet supplies further Attire to the Renter and the Renter accepts such Apparel, the Renter shall be under no obligation to accept such changes.
14.5 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.
14.6 The failure by Runway Closet to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Runway Closet’s right to subsequently enforce that provision.
14.7 Unless otherwise specified, the Renter agrees that by sending or tagging photos of wearing Runway Closet dress, Runway Closet 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
- Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)