Terms of service

These Terms and Conditions of hire apply to all bookings for garments hired from Borrowed Society. It is your responsibility to make sure you understand these terms and are prepared to comply with them. By engaging in the rental of any garment through Borrowed Society, you automatically consent to and are bound by these Terms and Conditions.

 

1) All pricing is in New Zealand Dollars ($NZD) and are subject to change without notice. 

2)  Shipping charges are calculated at checkout and will be listed for you. Shipping is only available within New Zealand.

3)  If you are under 18 years of age, your parent or legal guardian must agree to these Terms and Conditions.

4) The rental period shall commence from the Booking Start Date of your order and ends on the Booking Return Date.  

5) The Garment is, and will, at all times remain the absolute property of Borrowed Society, except in the circumstances as detailed in section 9.

6) Where the Garment has not been returned to Borrowed Society by the Rental Return Due Date then Borrowed Society shall be entitled to charge additional rental fees until the Garment is returned to Borrowed Society.  Such additional charges shall be charged at a rate of 25% of the standard dress hire fee for each day overdue.  If the Garment is overdue and as a result is not available for a subsequent booking we will hold you responsible for any resulting losses or costs, including if we are required to refund another customer.

7)  When counting overdue days Borrowed Society shall not count either weekends or Public Holidays when Post Office or Courier Drop-off locations are likely closed.

8) If the User/Requestor has not returned the rental item(s) within 14 days after the return date, Borrowed Society will consider the rental item(s) as a “non-return” and will charge 150% of the recommended retail value, taking into account any late fees already paid.

9) If the User/Requester pays Borrowed Society an amount equal to 150% of the recommended retail price in late fees and the User/Requestor still has the item(s) in their possession, the item(s) is deemed property of the User/Requestor and return to Borrowed Society is not necessary.

10)  If the Product gets stolen, lost, or damaged beyond repair, whether or not such theft, loss or damage is the result of negligence, failure, or omission of the User/Requestor then the User/Requestor will be liable to pay for replacement of the item.

11)  In determining the value of replacement, Borrowed Society will take into account the condition of the dress, the demand of that dress in the current market, the availability to purchase that dress in the market, and any rental fees or late fees that the User/Requestor has already paid.

12)  To ensure the safety of the Garments, Borrowed Society automatically instructs all outbound courier deliveries to be “Signature Required”. If the User/Requester chooses to override these courier instructions (for example, initiating an “Authority to Leave” with the applicable courier company) then the rental period is deemed to have started on the start date and the Product is deemed to be in the care of the User/Requester and is subject to section 10.

13)  The User/Requestor must notify Borrowed Society via email immediately if a Garment is damaged during use.  We will inspect the Garment on return and the User/Requestor will be charged for any repairs or replacement. Garments must not be altered, including temporary modifications/pinning.

14)  All garments include standard cleaning as part of the hire fee, which is completed by Borrowed Society.  Should a garment be returned and require drycleaning, the User/Requestor will be charged the additional cost.

15)  Borrowed Society offers "Rip and Stain Protection" to the value of one hundred dollar ($100) to cover accidental minor damage and/or staining. If the cost of repair/cleaning will be over one hundred dollars ($100) the User/Requestor will be required to pay the difference.  Rip and Stain Protection only covers accidental damage, and does not cover alterations that have been done yourself, this includes stitching straps, using safety pins through fabric or hemming a garment. It does not cover or contribute to fees in relation to but not limited to late returns, compensation, irreparable or excessive damage including stains that can't be removed and loss of Garment due to carelessness, theft or other.  It is not refunded in the event of no damage/staining during your rental. 

In the event of irreparable damage or loss of the item, the Borrower would be liable to cover the fair market value of the item, at the discretion of our team. 

16)  Fees in relation to but not limited to late returns, repairs, additional cleaning, replacement of garments and compensation will be collected by invoicing and/or from the User/Requestor’s payment method which was provided at the time of the User/Requestor’s order.

17)  If any outstanding amounts owed to Borrowed Society are not paid when due, then Borrowed Society will need to initiate third party collection procedures via a collection agency as nominated at Borrowed Society’s discretion. You agree to pay Borrowed Society’s costs of collection (including but not limited to internal administration fees, legal costs, collection agency costs, and bank fees).

18)  Borrowed Society reserves the right to request proof of identity for orders it deems high risk or high value (to prevent the potential use of fraudulent credit cards or other payment types). If Borrowed Society cannot confirm the authenticity of the request, the order may be cancelled.  Borrowed Society agrees to notify the customer via email regarding a rejected rental request.

19)  The User/Requester shall inspect the Garment upon delivery and shall, within twelve (12) hours of receipt of the Garment notify Borrowed Society by email of any alleged discrepancy in quantity, quality, style, damage or failure to provide the item as consistent with what was ordered.  This does not include where you consider the Garment is a poor fit or you are dissatisfied with it.

Please remember these are rental garments so there may be signs of love and expected wear unlike a brand new unworn piece you would purchase.  However all dresses are still presented in beautiful and wearable condition. 

Expected wear for a rental garment includes things such as micro pulls, small loose threads, minor knicks to fabric, stitching knicks and small or less obvious markings.  More obvious or significant wear will be noted in the product description, and photos can be sent on request. 

20)  If your chosen Garment becomes unavailable due to damage during a prior booking (and cannot be replaced with an identical Garment) you will be entitled to either select another Garment, receive a refund, or receive a credit with us. While we will do everything in our power to repair or replace any damaged Garments we cannot guarantee they will be available, and do not accept any liability if they are not.

21)  If the User/Requestor wishes to cancel an order, a cancellation request must be submitted as soon as possible. To view our Cancellation Policy, please see the Refund Policy.

22)  By using the Services, you agree to indemnify, hold harmless and defend Borrowed Society/Loume Steyn and her successors and assigns from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.

23)  If the User/Requestor wishes to return or exchange the item based on the Fit Guarantee, a request must be submitted as soon as possible and in accordance with our Fit Guarantee policy. To view our Fit Guarantee Policy, please visit the Refund Policy.

24)  If you order a Rental product, you may also order a "Backup Style." You will pay the price of the most expensive dress no matter which one you wear. The backup options are for the same time period that you order the first Product and must be returned together with the Primary Product with which it was ordered. These Terms apply to any Backup Products just as to any other Product. We may discontinue or limit the availability of Backup Products at any time. If both the Primary and Backups are worn, show signs of being worn, or any part of the tag is removed, the Renter will be liable to pay for both items at the full rental price, less the initial backup fee.

25)  If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components, embargo, accident, emergency, inclement weather, act of God or other contingency interferes with our obligations under this Agreement then we may, at our sole discretion, suspend our performance of any such obligation or cancel this Agreement and will not be liable to you in any respect.

26)   If any clause or provision in this Agreement is held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment will not affect the remaining provisions of this Agreement which will remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included.

27)  We may vary or replace these Terms from time to time.  Any changes published are effective immediately. The User/Requestor is responsible for ensuring they are aware of the latest Terms and Conditions published on our website.

28)  This Agreement remains in force notwithstanding any neglect, forbearance or delay in enforcement.  We may only waive a Term or Condition in writing, and such waiver will only apply to the particular transaction to which it refers.

29)  This agreement is governed by and construed in accordance with the laws of New Zealand in English, and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand.

 

Please read our Shipping Policy and Refund Policy for further information.