PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers
to iamfinesse.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
‘User’ means a User of the Services on this website.
‘costumes’, ‘goods’ includes any items, products or goods provided under these Terms from time to time.
Registered Users can rent costumes from iamfinesse.com.au (the ‘Services’).
By using our Services, Users agree to comply with these User Terms (‘Terms’) and any other general terms and conditions that we may have on our website from time to time.
You, as a User, may choose from an online selection of costumes and have them delivered to your preferred address. We require only a valid credit card and payment for our rentals in advance.
We may, however, limit the number of items you may rent at one time, require an additional deposit if you rent numerous costumes at one time, or we may request the return of all costumes if you fail to make any payment on time.
You must first set up an account to access and use our Services. You warrant and agree:
- You are at least 18 years of age in order to use our website and Services;
- You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
- You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details;
- You will accept full responsibility when using any goods purchased from our website;
- You will not rent, loan, re-sell, reassign, or otherwise profit from any of our goods at any time;
- We take no responsibility for any misuse of any goods purchased from our website or for any loss, injury, or damage that may result from using any goods purchased from our website;
- You are required to provide your current credit card information for a valid credit card you are authorised to use. By signing up and using our Services, you authorise us or our agent to bill your credit card for the relevant rental fees, late, replacement or other fees you may incur from time to time; and
- If your credit card is not authorised, expires or is rejected or if we do not receive payment from you, you are liable and agree to pay all amounts due on demand. You are also required to immediately return any goods in your possession unless and until full payment of outstanding monies is made. You are not permitted to continue to use our Services unless and until we have a valid credit card. Any additional credit card or institutional fees or charges are your sole responsibility.
LOSS OR DAMAGE TO GOODS
We ask that you do not attempt to wash or clean our costumes. We arrange cleaning with our own professionals that are familiar with the care of delicate items and any other attempt to clean our costumes may result in damage to our goods.
We do not charge Users for normal wear and tear of our goods however, if you return a costume with excessive damage which exceeds normal wear and tear, if a costume is excessively soiled, broken, ripped or requires repair, in our sole discretion, you agree that we may charge your credit card for cleaning, repair or for the replacement value of the costume. The replacement fee varies depending on the value of the goods and you are advised of the value at the time of renting as the recommended retail price (‘RRP’) indicated on our website.
In the event the costume is lost, not returned or it is stolen, you are responsible for the full replacement value and agree that we may immediately charge your credit card for the full retail replacement amount. A 30% surcharge is also applicable in addition to the RRP listed on the website in these instances.
If we notice multiple instances where you have returned any goods with excessive damage or your account accrues late fees on a re-occurring basis, we may, in our sole discretion, close your account and refuse to provide you with our Services in the future.
Any costumes that are not returned by 4pm of the following day of the final rental, will be charged an automatic $50 for the first day, followed by a balance of the 4 day rental fee for that item on day two (‘Overdue Fee’). If the costumes are still not received by us 4 days following the final rental date, you will be charged a second Overdue Fee.
After this 12 day overdue period, if the costume has still not been received by us, we will charge you for the full RRP of the costume as listed on our website. You agree that any additional late return fees, RRP and Overdue Fees may be automatically charged to your credit card without obtaining your consent prior.
ORDER, DELIVERY AND RETURN OF GOODS
Backup Order Terms: You may request an additional size in the same costume (‘Backup Size’) as part of your rental order which we will provide to you where the size is available at the time of delivery. This request is based on availability and at the sole discretion of I am Finesse. There is an additional fee for each Backup Size order, in addition to the standard rental fee. Please refer to our website pages for fees relating to Backup Orders.
Upon receipt of the costume order, to avoid incurring additional fees, you are required to return any unwanted and unused Backup Size rental to us within 24 hours in the packaging provided and with all the tags on the costume intact. If any costume is returned to us with the tags removed, you will be charged the regular rental fee rate for this item.
Order and Delivery: We post our costumes to you within 1 business day of your requested delivery date via express registered post with a tracking number or alternatively with a courier for next day delivery service. We ask that you place your order by 12pm the day prior to your requested delivery date.
You can place an order up to 3 months in advance, should you wish to reserve an item. Any cancellation must be done in accordance with our Cancellation policy below. We do not take any responsibility for any late delivery which arises as a result of any fault of a postal, courier or other service provider.
Return of Goods: We provide you with return parcel packaging upon delivery to you of our goods. You are responsible for returning the goods to us and ensuring they are received by us and in accordance with the rental term. If the final day of rental falls on a Sunday, costumes are to be posted on the following Monday or additional late fees will apply.
You are responsible for ensuring we receive the return of all goods or will be charged a fee for the replacement of the goods. We are not responsible for any goods that are lost or damaged in transit nor for any late deliveries. You will be charged for any late, lost, or damaged goods.
TRY ON SERVICE
You may request to try on a costume/s prior to securing your order. All try on service requests are subject to availability and at the sole discretion of I am Finesse.
You may request up to three costumes to try and have these delivered at your preferred address. A try on service is strictly 24 hours from the receipt of your costumer and/or returned by end of next business day whichever is sooner.
All costumes must be returned by next business day unless otherwise advised by I am Finesse. Costumes are to be returned in the packaging provided and with all the tags on the costume intact. If any costume is returned to us with the tags removed, you will be charged the regular rental fee rate for this item. If any costume is returned to us and requires a clean following your try on service you may be charged a cleaning fee.
All try on requests incur a delivery fee as advised by I am Finesse. I am Finesse will not hold or reserve any items during the duration of the try on service.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and iamfinesse.com.au’s rights and obligations to each other.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, the Services or any information contained on it or linked to it. Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Services: To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division
1, Subdivision A of the Competition and Consumer Act 2010 (Cth), iamfinesse.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again
You must be over 18 years of age to use this website and to purchase any goods or services.
REFUNDS AND CANCELLATION
Refunds: We only provide refunds in exceptional circumstances and in our sole discretion. In the event you wish to discuss a refund, please contact us immediately upon receipt of your costume. Any and all refunds are subject to our terms and are provided in our sole discretion.
Refunds will only be provided in the form of a credit for the value of the rental less any shipping fee and is to be used in our online store and which will be valid for up to 3 months.
We at all times abide by the Australian Consumer law with respect to returns and refunds. If you have any issues with your costume order, please notify us within 3 hours of receipt of your costume with a valid reason for your return. All refunds are made in the sole discretion of iamfinesse.com.au.
Credit notes: We will only provide a credit note if the item is returned within one business day of receipt of the costume. If your costume is kept for the duration of the rental period, a credit note will not be issued.
Credit notes will be issued for the value of the rental less any shipping costs incurred by I am Finesse and are to be used in our online/boutique store and which will be valid for up to 3 months. If your item has not been shipped at the time of cancellation you will not incur a shipping fee.
Cancellations: You may cancel your order at any time. If you cancel your order prior to your requested delivery date, a cancellation fee of $50 AUD applies and will be deducted from your credit note amount.
All cancellations must be made in writing by email to firstname.lastname@example.org with your order number and cancellation request. You must receive a confirmation of your cancellation for a valid cancellation to be processed.
Ex-rental sales: We do not offer any exchanges, refunds or credit notes for our sale items.
AUTHORISATIONS AND CREDIT CHECKS
We may, in our sole discretion, determine that your credit card is pre-authorised to accept a minimum charge of the amount of your rental or purchase. If we determine that you are unable to provide sufficient credit to cover the amounts, we may deny you the rental and Service or may request the immediate return of any outstanding goods. Alternatively we may request a second credit card to enable you to use our Service.
LINKS TO OTHER WEBSITES
iamfinesse.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between iamfinesse.com.au and the owners of those websites. iamfinesse.com.au takes no responsibility for any of the content found on the linked websites.
iamfinesse.com.au’s website may contain information or advertisements provided by third parties for which iamfinesse.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, iamfinesse.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. iamfinesse.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of iamfinesse.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. iamfinesse.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data iamfinesse.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
iamfinesse.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
iamfinesse.com.au may be required, in certain circumstances, to disclose information in good faith and
where iamfinesse.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of iamfinesse.com.au. iamfinesse.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then iamfinesse.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. iamfinesse.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
iamfinesse.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non- commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and iamfinesse.com.au concerning your use and access to iamfinesse.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you andiamfinesse.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.