LEASE / SERVICE AGREEMENT
Join The Joneses Terms and Condition
1.1. “Owner” means Join the Joneses (ABN 56 829 045 213), its successors and assigns or any person acting on behalf of and with the authority of the Owner and includes the registered owner and proprietor of the handbags identified in this agreement, including employees (but not agents or managers involved in the hire process).
1.2. “Hirer” means
1.2.1. The legal entity or person hiring the handbags from the Owner;
1.2.2. The party contracting to rent the handbags or handbags in this agreement also referred to as the Customer, Client or Hirer;
1.2.3. Any person who signs this agreement (whether on their own behalf or the behalf any other person or legal entity);
1.2.4. Any person named and described as the Hirer, or any person purporting to be the named and described Hirer;
1.2.5. The executors, representatives, administrators and/or assigns of any person deemed to be a Hirer; or
1.2.6. Any person/s hiring handbags as specified in any invoice, document, proposal, quote, check-out page, or order, and if there is more than one Hirer is a reference to each Hirer jointly and severally.
1.3. “Service” means hiring of handbags from the Owner’s Website at the Hirer’s request from time to time (where the context so permits the terms handbags, Services, handbags and Works shall be interchangeable with each other).
1.4. “Handbags” means collectively all the handbags, items, goods, products, or accessories hired out and described in this Agreement and available on the website from time to time.
1.5. “Website”means https://jointhejoneses.com.au/
1.7. “Rental period” shall include the period of hire and be from the time that the handbags are delivered by the Owner to the Hirer, until the handbags are returned by post to the Owner.
1.8. “Price” means the rental or hire price payable for the Service as agreed between the Owner and the Hirer in accordance with clause 3 herein.
1.9. “Checkout” means the payment processing page on the website made available through PayPal and GoDaddy’s e-commerce platform.
1.10. “Site” means the place where the Hirer takes possession of the handbags.
1.11. Words importing the singular shall include the plural and vice versa.
1.12. Words importing any gender include all genders.
1.13. Any reference to any person includes that person’s executors, administrators, agents, assigns or, being a company, its successors or permitted assigns.
1.14. Words describing individuals include companies and bodies corporate and vice versa.
1.15. The headings in these Standard Terms and Conditions are for convenience only and do not affect their construction.
2. Acceptance and Basis of Contract
2.1. Any legal entity or person agreeing to these conditions on behalf of the Hirer hereby covenants that he or she has the authority to sign on behalf of and bind the Hirer to these Conditions.
2.2. Where the Hirer is more than one person liability shall be joint and several.
2.4. The Hirer agree to be bound by these Conditions by placing an order on the website, and also agrees that these Conditions apply to the hire of all handbags by the Hirer during the calendar year in which such Consent was given (without the need for the Hirer’s signature, electronic signature consent or other form of consent to be given on more than one occasion during this period).
2.5. For the purpose of this agreement, the Hirer agrees to rent the handbags from the Owner for the agreed rental period and to pay the agreed hire fee at the time of checkout on the website or as notified by the Owner by email or any other method for the purpose of payment by EFT or any other valuable consideration.
2.6. The Owner will deliver the handbags to the Hirer at the start of the hire period by way of Express Post through Australia Post, via courier or as otherwise agreed. The Hirer shall mail the handbags to the Owner at the conclusion of the hire period by way of Express Post through Australia Post, via courier or as otherwise agreed.
2.7. The Hirer will hire the handbags from the Owner from the Commencement Date and return the handbags to the Owner at the conclusion of the hire period.
2.8. Subject to compliance with these Conditions, the Hirer is entitled to use the handbags for the duration of the Term.
2.9. Any extension of the Term must be agreed to by the parties in writing and constitutes a variation.
2.10. These terms and conditions may only be amended with the Owner’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Hirer and the Owner.
2.11. The Hirer agrees and acknowledges that it has received adequate care instructions from the Owner regarding the correct and safe use of the handbags.
2.12. The Hirer must not use the handbags for purposes different to the handbag’s general designated purpose and specified suitability.
2.13. While the Hirer has possession of the handbags, the Hirer acknowledges responsibility for the handbags and is liable in accordance with these Conditions for any damage, theft, loss or destruction thereto.
2.14. The Hirer acknowledges and agrees that they shall be personally liable for the full replacement Price of the handbags hired under this agreement and to indemnify the Owner against any claim in relation to the Hire of handbags undertaking of any services and the provision of any related Services by the Owner except where such claim has arisen due to the negligence of the Owner.
2.15. The Owner may also refuse a refund or delivery to the Hirer if the Owner is made aware of or learns that the Hirer is a scammer or engaging in fraudulent activity.
3.1. The fee for hire of handbags or service will be the amount on the website at the time before payment is made, from the commencement date of the hire until the handbags is returned to the Owner or collected by the Owner or the Owners employees, in addition to any fees, costs or damages resulting from action, omission or recklessness of the Hirer.
3.2. Unless otherwise stated the Price does not include GST. In addition to the Price the Hirer must pay to the Owner an amount equal to any GST the Owner must pay for any supply by the Owner under this or any other agreement for the sale of the Service. The Hirer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Hirer pays the Price. In addition, the Hirer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
3.3. No insurance will be affected by the Owner for the benefit of the Hirer.
3.4. At the Owner’s sole discretion, the Price shall be either:
3.4.1. As indicated on the website at the time of payment; or
3.4.2. On any electronic invoice provided by the Owner to the Hirer.
3.5. Payment may be made through PayPal, electronic/on-line banking, credit card (plus a surcharge of up to three percent (3%) of the Price) or by any other method as agreed to between the Hirer and the Owner.
3.6. The Owner reserves the right to change the Price if a variation to the hire order is requested.
3.7. 100% of the Hire price will be payable by the Hirer in advance, before any handbags or Services under this agreement are provided or delivered to the Hirer.
3.8. Receipt by the Owner of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised, and until then the Owner’s rights and ownership in relation to the Service, and this agreement, shall continue.
4.1. The Owner may terminate the hire at any time, for any reason constituting a material breach of this agreement. The Hirer shall have no claim against the Owner for such termination, unless there is a material breach of the agreement by the Owner.
4.2. Upon termination, the Owneris entitled to immediately take possession of the handbags. The Hirer agrees to immediately return the Hired handbags to the Owner by priority registered mail.
4.3. If the Owner terminates this agreement due to a material breach by the Hirer, the Owner reserves the right to charge an administrative fee of up to $250 to the Hirer in addition to any other fees under in this Agreement.
4.4. On giving such notice the Owner shall invoice the Hirer for any reasonably incurred costs in relation to the Hire and charge the Hirer’s card.
4.5. The Owner shall not be liable for any loss or damage whatsoever arising from such termination. The Hirer may terminate any contract to which these terms and conditions apply by giving notice in writing to the Owner.
4.6. The Hirer shall be liable for any and all loss incurred (whether direct or indirect) by the Owner as a direct result of the Termination (including, but not limited to, any loss of profits).
5.1. All or any cancellations must be made by the Hirer no less than 48 hours prior to the Dispatch Date;
5.2. Where cancellations are made less than 48 hours prior to the Dispatch Date and the Accessory has already left the Owner’s premises, the Agreement of Hire will continue to be in effect until the Return Date.
5.3. The Hirer will be bound by the Terms and Conditions and its obligations and may use the Accessory as per the Agreement of Hire.
5.3.1. Regardless of whether the Hirer chooses to use or not use the Accessory, the Hirer will be charged the Hire Fee;
5.3.2. If the Hirer decides to cancel more than 48 hours before dispatch date, 30% of the Hire Fee will still only be held and charged by the Owner; and
5.3.3. The Hirer may either request a 70% refund or keep credit note on file with the Owner.
5.3.4. The Hirer acknowledges and agrees that clause 5.3.1 and 5.3.2 is intended to anticipate the loss that the Owner will suffer by reason of cancellation.
5.4. Where cancellations are made less than 24 hours prior to the Dispatch Date and the Accessory has not left the Owner’s premises, the Agreement of Hire will cease and the Customer will be refunded 70% of the Hire Fee
5.4.1. 30% of the Hire Fee will only be held and charged by the Owner in this circumstance; and
5.4.2. The Customer acknowledges and agrees that clause 5.4.1 is intended to anticipate the loss that the Owner will suffer by reason of the late cancellation
5.5. The Owner may cancel any contract to which these terms and conditions apply or cancel the Service at any time before the Service is provided or delivered by giving notice to the Hirer. The Hirer shall have no claim against the Owner for such
5.6. Refunds will be refunded to the same card that was used to make payment. Whilst the Owner will endeavour to process payments and refunds immediately, transactions may take up to 5 working days to appear on a bank statement. If payment was made in cash, refunds will also be made in cash.
5.7. Cancellation shall only be accepted by the Owner if provided in writing. The Hirer shall be liable for any and all loss incurred (whether direct or indirect) by the Owner as a direct result of the cancellation (including, but not limited to, any loss of profits).
6. Default and Consequences of Default
6.1. Where an amount owing to the Owner has remained unpaid for 5 business days, a reminder will be sent to the Hirer, in writing, and an administration fee of $50 (inclusive of GST) will be charged to the Hirer.
6.2. If the invoice remains unpaid after the reminder has been provided, solicitors or collection agents will be engaged, and the Hirer agrees to indemnify the Owner for any reasonable collection costs.
6.3. Interest on overdue invoices shall accrue daily from the date that payment was due, until the date of payment, at a rate of five percent (5%) per annum pro rata, after as well as before any judgment.
6.4. If the Hirer owes the Owner any money the Hirer shall indemnify the Owner from and against all costs and disbursements incurred by the Owner in recovering the debt (including but not limited to collection fees, legal costs on a solicitor and client basis, the Owner’s contract default fee, Court or any other institution filing fees and bank dishonour fees).
6.5. Without prejudice to any other remedies the Owner may have, if at any time the Hirer is in breach of any obligation (including those relating to payment) under these terms and conditions the Owner may suspend or terminate the supply of handbags to the Hirer. The Owner will not be liable to the Hirer for any loss or damage the Hirer suffers because the Owner has exercised its rights under this clause.
6.6. Without prejudice to the Owner or other remedies at law the Owner shall be entitled to cancel all or any part of any order of the Hirer which remains unfulfilled and all amounts owing to the Owner shall, whether or not due for payment, become immediately payable if:
6.6.1. any money payable to the Owner becomes overdue, or in the Owner’s opinion the Hirer will be unable to make a payment when it falls due;
6.6.2. the Hirer 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
6.6.3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Hirer or any asset of the Hirer.
7. Security Bond
7.1. The Owners at their discretion may require a refundable bond to be paid before the hire period commences.
7.2. This bond will be refunded to the Hirer once all the handbags are returned undamaged and in the same condition as it was received by the Hirer.
7.3. Any damage or losses, will incur a fee to the value of the full replacement cost of the handbags. This cost will be added to the total cost of the hire contract or deducted from the refundable bond. If the refundable bond is not sufficient to cover the total of the additional charges then the balance will be paid by the Hirer to the Owner within 7 days.
8.1. The Hirer agrees and acknowledges that the Owner remains the legal owner of the handbags at all times and these Conditions do not give rise to any hire purchase agreement, leasing agreement, or an option to buy the handbags unless otherwise agreed to by the Owner in its sole discretion.
8.2. The Hirer acknowledges that all property in and title to the handbags or goods remains, at all times, with the Owner.
8.3. It is further agreed that the Hirer:
8.3.1. is only a bailee of the handbags and must, return the handbags to the Owner on request;
8.3.2. the Hirer must not sell, grant, create or allow to be created any encumbrance or security interest by any party over the handbags, chattel-mortgage, assign, caveat, sub-let, dispose of, or otherwise part with possession of the handbags;
8.3.3. if the Hirer sells, disposes or parts with possession of the handbags then the Hirer must hold the proceeds of any such act on trust for the Owner and must pay or deliver the proceeds to the Owner on demand;
8.3.4. the Hirer should not convert or process the rental handbags or goods or intermix them with other goods but if the Hirer does so then the Hirer holds the resulting product on trust for the benefit of the Owner and must sell, dispose of or return the resulting product to the Owner as it so directs;
8.3.5. the Owner may commence proceedings to recover the Price of the handbags sold notwithstanding that ownership of the handbags has not passed to the Hirer;
8.3.6. the Hirer must not sub-hire or sub-lease the handbags without the prior written consent of the Owner (which consent may be withheld in the Owner’s absolute discretion or given subject to such conditions as the Owner sees fit);
8.3.7. if any handbags are damaged or destroyed following before the end of rental period under this, the Owner is entitled to receive all insurance proceeds payable for the handbags. The production of these terms and conditions by the Owner is sufficient evidence of the Owner’s rights to receive the insurance proceeds without the need for any person dealing with the Owner to make further enquiries;
8.3.8. The Owner may recover possession of any handbags in transit whether or not delivery has occurred; and
8.3.9. The Hirer shall not charge or grant an encumbrance over the handbags nor grant nor otherwise give away any interest in the handbags while they remain the property of the Owner.
9. Recovery & Right of Entry
9.1. The Hirer agrees to be liable for all costs incurred by the Owner in the recovery of outstanding amounts, or withheld handbags.
9.2. This includes, but is not limited to, interest at the rate of 5% per annum pro rata, debt collection fees and commissions, legal expenses (including legal fees and disbursements on a solicitor/Hirer basis) and filing fees as may be appropriate.
9.3. Without prejudice to the rights of the Owner to recover any money owed by the Hirer, for payment of fees or for damages for breach of this agreement, The Hirer irrevocably authorises the Owner to enter any premises where the Owner believes the handbags are kept and recover possession of the handbags.
9.4. The Hirer agrees to indemnify the Owner in respect of any claims, damages, expenses or costs arising out of any action taken as a result of this clause.
10. Storage of handbags and Unclaimed Items
10.1. The Hirer will keep any goods or handbags hired from the Owner in its possession (actual or apparent) and control at all times until the Hirer returns the handbags in accordance with the Owners terms and conditions.
10.2. The Hirer acknowledges and agrees to not store the handbags in a storage facility or warehouse other than which it owns and then only with the Owner’s permissions.
10.3. The Hirer agrees to notify the Owner of any proceedings to sell the handbags pursuant to the Unclaimed handbags Act 1987, Warehouse Liens and Storage Act 1990 or any similar interstate legislation.
10.4. In addition to notifying the Owner, the Hirer also agrees to notify any party with a claimed interest in the handbags as a result of clause 10.3.
11. Handbag Delivery and Return
11.1. Delivery, collection and/or return of the handbags is at the Hirer’s expense.
11.2. The Hirer acknowledges and agrees that the Owner has the right to refuse delivery to the Hirer if the Hirer does not meet the Owner’s security requirements. (i.e. identification, proof of residential address). If the Owner finds the documents provided do not suit the minimum-security requirements, the Owner may refuse to send delivery the handbag to the Hirer. If the Hirer refuses to provide the required details, the Owner will forfeit the Hirer and refund 70% of the total hire fee.
11.3. The Owner will delivery the handbag via Express Post through Australia Post or other suitable courier service and the Hirer acknowledges the following:
11.3.1. Express Post covers 80% of all Australian business addresses, private addresses and Post Office boxes;
11.3.2. Service operates between all capital cities Except Darwin and Perth CBD and some major centres;
11.3.3. Outside metropolitan areas guaranteed serviced is to and from townships only;
11.3.4. If the Hirer’s address is outside the Express Post network, Australia Post will use the fastest possible transport links, however does not guarantee Next Day delivery;
11.3.5. If the Hirer has given the Owner the wrong delivery address in time and the Owner posted the handbag before cut off time, the Owner is not obligated to issue a refund as it was Australia Post that did not deliver on their obligation.
11.3.6. If the Owner in its discretion decides to reimburse, it is on a case by case basis and subject to a $50.00 administrative fee.
11.4. The Hirer must sign all delivery documentation requested to be signed by the Owner and/or the forwarding carrier.
11.5. the Hirer will be required to show their current photo identification including driver’s license or passport identification in which a copy will be taken for verification of identity by the Owner.
11.6. The handbags shall be returned in a reasonably clean, but not necessarily sterile state or a cleaning / replacement fee may apply.
11.7. The Hirer must provide safe and proper access to the delivery site, including making sure that the site will be clear of all obstructions to allow the Owner to deliver, the handbags safely.
11.8. The Hirer is liable for and indemnifies the Owner on a full indemnity basis, its employees or agents against all injury, death, loss or damage suffered by the Owner while at the delivery site, unless such injury, loss or damage is caused by the negligence of the Owner, its employees or agents.
11.9. The Hirer also indemnifies the Owner on a full indemnity basis, its employees or agents against all injury, death, loss or damage suffered by the Hirer at the delivery.
11.10. The Hirer agrees that delivery will only be made to the Hirer personally and subject to verification of the Hirer’s identity given the valuable nature of the handbags.
11.11. The Hirer also agrees that hired handbags will not be left outside the Hirer’s address or delivered to any person other than the Hirer.
11.12. Delivery is taken to have occurred at the time that:
11.12.1. The Owner (or their nominated carrier) delivers the handbags to the Hirer’s nominated address, and the Hirer personally accepts delivery in accordance with the Owner’s terms and conditions;
11.13. At the Owner’s sole discretion, the cost of Service is included in the Price.
11.14. The time, date and location for Service is to be agreed between the parties.
11.15. In the event that the Hirer is unable to receive Service as arranged then the Owner shall be entitled to charge a reasonable fee for reattendance if required.
11.16. Any time or date given by the Owner to the Hirer is subject to change. the Owner will not be liable for any loss or damage incurred by the Hirer as a result of Service being late.
11.17. If the handbags cannot be returned, the Owner reserves the right to claim the full costs of the handbags from the Hirer. If handbags can be returned, the Owner reserves the right to on-charge any restocking fee applied to such returns, and additionally any reasonable costs of time and travel incurred by the Owner including forwarding carrier to undertake such returns.
11.18. If the handbags are not returned to the Owner at the expiration of the agreed hire period or termination of service, the Hirer shall be required to pay an additional charge of 100% the hire rate for each additional day or part thereof that the handbag is retained, unless otherwise agreed in writing between the parties.
11.19. A tracking number will be provided to the Hirer to track the delivery of the handbag.
11.20. The delivery date takes effect when the Hirer signs for the delivery whether with the Owner’s forwarding carrier or at the Post Office.
11.21. The return date takes effect as soon as the Hirer lodges the handbag with the post office and provides the Owner with a tracking number.
11.21.1. The Hirer is responsible for re-packaging the handbag in accordance with the Owner’s instructions to ensure the handbag is protected, subject to minimal damage and returns the handbag the way it arrived.
11.21.2. The Hirer is liable for any damage arising out of transit if the handbag was not packed / protected / and otherwise insured according to the Owner’s instructions and Conditions.
12. Rental Period
12.1. The Rental Period will be presumed to have terminated at the agreed time of conclusion and when the Owner receives the handbags in a satisfactory condition.
12.2. If the Hirer wishes to extend this time, it must first contact the Owner to organise payment for a longer hire period and return delivery.
12.3. The Owner may at its discretion refuse an extension of the Hire period. If the Owner refuses to extend the Hire period the Hirer must immediately return the handbags.
12.4. Any request for an extension of the rental period must be made in writing within 48 hours of the end of the hire period.
12.5. If for any reason the conclusion of the period of hire is unclear or unspecified, the Rental Period will be taken to terminate at 5:00pm (for hires during the day) the date that hire commenced, or 9:00am (for hires overnight) the date immediately following the date of hire.
13. Damaged, Lost, Stolen or Unreturned handbags
13.1. If any handbags are lost, stolen, broken, soiled or damaged in any way, the Hirer must notify the Owner, at the earliest possible opportunity. Notification will not absolve the Hirer of any cost, liability or obligations.
13.2. Any stolen handbags must also be reported to the police and a police reference number must be provided to the Owner at the earliest opportunity.
13.3. If the handbag is lost or damaged, and such loss or damage is caused by negligence, recklessness, wilful action or material breach of these terms by the Hirer or any other persons, the Hirer shall be liable for any costs incurred to repair or replace the handbags, the full hire price for any period of time it takes to replace or repair the handbags and any other costs incurred or loss suffered by the Owner as a result of the loss or damage.
13.4. Where a handbag has been returned with Damage(s) including to any accessory or original dust bag, the Owner will charge the Hirer a replacement or repair fee as valued by an appropriate repair person, repair quote, or full replacement cost by reference to the original manufacturer’s catalogue price and bill the Hirer for the costs of fixing or replacing the Accessory and or handbag, and subsequently withdraw the amount from the Hirer’s Payment Card or take any necessary action at its sole discretion without notice.
13.5. The Owner accepts no responsibility or liability for any loss, claims, actions, suits, demands, expenses or damages for:
13.5.1. Any accident, breakdown or other unforeseeable failure of the handbags;
13.5.2. Damage to any person or property, or loss of such property, of the Hirer or any other person, including personal property left inside any handbags;
13.6. The Hirer is responsible for the handbags from the time of delivery/collection until collection/return by or to the Owner;
13.7. The Hirer agrees and acknowledges that it must pay for all damage to or loss of the handbags however caused during that period including but not limited:
13.7.1. misuse, abuse or improper care of the handbags;
13.7.2. the use of the handbags is in contravention of these Conditions;
13.7.3. any unknown cause;
13.7.4. cigarette burns, marks or stains;
13.7.5. red wine or any other significant (as determined by the Owner in its absolute discretion) stains on handbags;
13.7.6. candle wax on linen or other material products;
13.7.7. the weather (including without limitation sun, heat, cold, rain, hail, wind or storm);
13.7.8. bodily fluids; or
13.7.9. damage caused by pets.
13.8. In the event that the Hirer or any third party has stolen, lost, or has not returned the handbag(s), the Owner will withdraw the full value (valued at the full replacement cost by reference to the original manufacturer’s catalogue price and bill the Hirer) of the handbag from the Hirer’s account.
13.8.1. Where the Owner is satisfied that the Hirer has stolen the handbag, the Owner will provide the Hirer’s personal information and bank account details to law enforcement, debt collector(s) and its solicitors for prosecution.
13.9. In the event that the Hirer is able to locate and return the handbag after it has been lost or stolen, the hirer will be refunded the full value of the handbag less any expense incurred by the Owner provided that the Owner is satisfied (at its sole discretion) that the following is evidenced:
13.9.1. The handbag has not been damaged
13.9.2. The handbag is authenticated and proves to be the same item; and
13.9.3. The hirer provides a statutory declaration of how the handbag was lost and found.
13.10. The hirer will be charged a daily fee equalling the hire price and an additional $350.00 administrative fee.
13.11. Where the full value of the handbag is not available on the Hirer’s payment card, the Owner will contact the Hirer in writing to organise a payment plan.
13.12. The Hirer is liable for the handbag being returned in the same condition it was received in including the original dust bag the handbag came with. If the Hirer returns the bag without the dust bag, box or any other accessory, the Hirer will be liable for the cost of the accompanying accessories.
14. Proper Use of Handbags
14.1. The Hirer may not use the handbags for any purpose other than that agreed to between the parties.
14.2. The handbags provided will not be used by the Hirer, or any other person, for any illegal purpose, or to convey, carry or load any illegal substances or materials.
14.3. The Hirer agrees to reimburse the Owner for the full purchase price of the handbags if they are seized in the commission of a crime.
15.1. The Hirer must obtain any and all proper and appropriate insurances (such as home and contents insurance, comprehensive car insurance covering theft, public and property liability insurance and insurance coverage for the full replacement value of the handbags) in respect of and in connection with the hire of the handbags for the benefit of the Owner and on trust for the Owner.
15.2. The Hirer acknowledges that the Owner may at their discretion refuse the hiring, delivery or collection of handbags unless the Hirer has taken out appropriate insurance policies (as determined by the Owner in its absolute discretion) and provides the Owner with certificates of currency of such insurance policies.
15.3. The Hirer holds the benefit of the Hirer’s insurance of the handbags on trust for the Owner and must pay to the Owner the proceeds of any insurance in the event of the handbags being lost, damaged or destroyed.
15.4. The production of these terms and conditions by the Owner shall be sufficient evidence of the Owner’s rights to receive the insurance proceeds direct from the insurer without the need for any person dealing with the Owner to make further enquiries.
15.5. If any handbags are damaged or destroyed before the end of the rental period under this Agreement, the Owner is entitled to receive all insurance proceeds payable for the handbags. The production of these terms and conditions by the Owner is sufficient evidence of the Owner’s rights to receive the insurance proceeds without the need for any person dealing with the Hirer to make further enquiries.
16.1. Risk of damage to or loss including theft or by act of god of rental handbags or property passes to the Hirer as follows:
16.1.1. On sending the handbag to the Hirer to an address nominated by the Hirer.
16.2. Risk of damage in this clause ceases once the handbags are returned to the Owner and the Owner considers the handbags to be in the same condition as at the start of the hire period.
17. Hirer Acknowledges and Guarantees
17.1. The Hirer will remain solely responsible and liable for the handbags hired under this agreement for the entire period or hire.
17.2. The Hirer will upon delivery of the handbags, inspect and examine the handbags to confirm its condition and performance. In accepting the handbags upon delivery, the Hirer accepts that it is in satisfactory condition.
17.3. The Hirer will indemnify the Owner and hold them harmless from and against any and all damage to any person or property resulting from the use of the handbags, including through negligent or reckless behaviour on behalf of the Hirer.
17.4. The Hirer will ensure all handbags are ready for collection in a readily accessible position and a clean and properly packed condition. The Hirer accepts that any damage to the handbags identified upon delivery to the Owner, that was not present upon delivery to the Hirer, will be the liability of the Hirer.
17.5. The Hirer agrees to indemnify the Owner for any costs of cleaning, replacement or restoration to return the handbag to the condition it was in at the commencement of the rental period, if in the opinion of the Owner, the handbag has been returned in a dirty, damaged, unusable, unmerchantable or dangerous condition.
17.6. The Hirer acknowledges the handbag is hired and operated by the Hirer entirely at their own risk.
17.7. The Hirer has rights conferred on it by consumer protection legislation, including guarantees of the quality of provided handbags. It is the Hirer’s sole responsibility to be aware of their rights. Beyond these statutory rights, the Owner provides no other guarantees or warranties regarding the handbags or service.
17.8. Any advice, recommendation, information, assistance or service provided by the Owner in relation to the handbags or Services supplied is given in good faith, is based on the Owner’s own knowledge and experience and shall be accepted without liability on the part of the Owner and it shall be the responsibility of the Hirer to confirm the accuracy and reliability of the same in light of the use to which the Hirer makes or intends to make of the Service.
17.9. Where the Owner gives advice or recommendations to the Hirer, or their agent, regarding the suitability of any handbag hire, and such advice or recommendations are not acted upon by the Hirer, the Owner shall not be liable in any way whatsoever for any damages or losses that occur and any warranties, resupply or defects clauses will be revoked.
18.1. The Contract for the hire of handbags is personal to the Hirer and must not be assigned without the prior written consent of the Owner (which consent may be withheld in the Owner’s absolute discretion).
19.1. If a contract constituted by these Conditions is a ‘consumer contract’ or ‘small business contract’ (each as defined in the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) and a term of that contract would, but for this clause be ‘unfair’ (as defined in section 24(1) of the ACL), the Owner may only apply or rely upon that term to the extent that doing so is reasonably necessary to protect the Owner’s legitimate interests.
19.2. If any provision of these Conditions are not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.
19.3. If any part of these Conditions is invalid or unenforceable, that part is deleted and the remainder of the Conditions remains effective.
20. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
20.1. The Hirer must inspect the handbags on delivery (or Services on completion) and must within one (1) day of delivery notify the Owner, in writing, of any evident defect/damage, shortage in quantity or failure to comply with the description or quote. The Hirer must notify the Owner of any other alleged defect in the handbags/Services as soon as reasonably possible after any such defect becomes evident. Upon such notification the Hirer must allow the Owner to inspect the relevant handbags or Services.
20.2. 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”).
20.3. The Owner acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
20.4. The Owner’s liability in respect of these warranties is limited to the fullest extent permitted by law.
20.5. If the Hirer is a consumer within the meaning of the CCA, the Owner liability is limited to the extent permitted by this Act.
20.6. The Owner shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
20.6.1. The Hirer failing to properly maintain the handbags;
20.6.2. The Hirer using the handbags for any purpose other than that for which they were designed;
20.6.3. The Hirer continuing use or attempting to repair the handbags after any defect became apparent or should have become apparent to a reasonably person.
20.6.4. The Hirer failing to follow any instructions or guidelines provided by the Owner; or
20.6.5. Fair wear and tear, any accident, or act of God.
20.7. Notwithstanding anything contained in this clause if the Owner is required by a law to accept a return then the Owner will only accept a return on the conditions imposed by that same law.
21. Force Majeure
21.1. If the Owner is unable, at any time during the agreed period of hire, to perform any of its obligations under this agreement, in whole or in part, by reason of any cause outside of its reasonable control (including but limited to acts of God, strikes, lockouts, riots, civil unrest or acts of war) then Owner, upon giving notice to the Hirer of the full particulars of such force majeure, shall be, to the extent that they are affected, released from those obligations. The Owner shall not be liable for any loss or damage suffered by the Hirer as a result of any delays or inability to perform its obligations due to such events.
22. PPSA Laws
22.1. This clause applies to the extent that the Owner’s interest in respect of a hire provided for in this Agreement is a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”). References to PPS Law in this Hire Agreement include references to amended, replacement and successor provisions or legislation.
22.2. The Owner may register any actual impending or likely security interest. The Hirer may not make any Claim against the Owner in respect of any registration even if it is determined that The Owner should not have registered a security interest.
22.3. The Hirer must do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of:
22.3.1. Ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPS Law;
22.3.2. Enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest; and
22.3.3. Enabling the Owner to exercise rights in connection with the security interest.
22.4. The rights of the Owner under this Agreement are in addition to and not in substitution for the Owner’s rights under other law (including the PPS Law) and the Owner may choose whether to exercise rights under this Agreement, and/or under such other law, as it sees fit. To avoid any doubt about it the Owner’s security interest will attach to proceeds.
22.5. The Hirer must not dispose or purport to dispose of or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the handbags other than with the express written consent of the Owner. The Hirer must not lease, hire, pledge, bail or give possession (‘sub-hire’) of the handbags to anyone else unless the Owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Owner and must be expressed to be subject to the rights of the Owner under this Agreement. The Hirer may not vary a sub-hire without the prior written consent of the Owner (which may be withheld in its absolute discretion).
22.6. The Hirer must take all steps including registration under PPS Law as may be required to:
22.6.1. Ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law;
22.6.2. Enable the Hirer to gain (subject always to the rights of the Owner) first priority (or any other priority agreed to by the Owner in writing) for the security interest;
22.6.3. Enable the Owner and the Hirer to exercise their respective rights in connection with the security interest; and
22.6.4. To assure performance of its obligations under this Agreement, the Hirer hereby gives the Owner an irrevocable power of attorney to do anything the Owner considers the Hirer should do under this Agreement. The Owner may recover from the Hirer the cost of doing anything under this clause 26, including registration fees.
23.1. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
23.2. These terms and conditions and any contract or ancillary documents to which they apply shall be governed by the laws of South Australia, the state in which the Owner has its principal place of business and are subject to the jurisdiction of the courts in that state.
23.3. Except as otherwise provided for in these terms and conditions, the Owner shall be under no liability whatsoever to the Hirer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Hirer arising out of a breach the Owner of these terms and conditions (alternatively the Owner liability shall be limited to damages which under no circumstances shall exceed the Price).
23.4. The Hirer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Hirer by the Owner nor to withhold payment of any invoice because part of that invoice is in dispute.
23.5. The Owner may license or sub-contract all or any part of its rights and obligations without the Hirer’s consent. the Owner will endeavour to notify the Hirer of such license or sub-contracting; however, it is not obliged to do so.
23.6. The Owner will not be liable for any loss or damage to any person or property caused by a third party who has been licensed or sub-contracted by them.
23.7. The Owner makes no assertion to, nor will they be liable for any claims regarding the quality of work provided by any licensed or sub-contracted party.
23.8. The Hirer agrees that the Owner may amend these terms and conditions at any time. If the Owner makes a change to these terms and conditions, then that change will take effect from the date on which the Owner notifies the Hirer of such change. The Hirer will be taken to have accepted such changes if the Hirer makes a further request for the Owner to provide Service to the Hirer.
23.9. The Hirer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent, and that this agreement creates binding and valid legal obligations on it.
23.10. The Hirer acknowledges and agrees that information on the Owner’s website may despite the Owner’s best efforts be occasionally inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the website are subject to change at any time without notice to the Hirer. The Owner will make reasonable efforts to accurately display the attributes of products on the website including applicable colours, however the Hirer acknowledges that the actual colours he or she sees depends on their respective computer system. The Owner is does not warrant the accuracy or completeness of the information, content or material provided through the website.
24.1. The Hirer grants to the Owner the right to take photographs, film, videotape or other images of the services provided completed in or otherwise located at the Hirer’s premises, and to use, reproduce, publish, edit, modify, dispose of or otherwise deal with those images; and
24.1.1. Reproduce and publish the Hirer’s name and trademarks, and disclose the fact that the Owner has provided Services or handbags to the Hirer
24.2. The Hirer agrees to receive notifications from the Owner’s regular update service:
24.2.1. Email alerts for new products, to review a hired handbag, features, enhancements, special offers, upgrade opportunities, contests, events of interest, and one-off marketing promotions.
24.2.2. Such alerts may include marketing information about Join the Joneses, our subsidiaries or selected business partners.
24.2.3. At all times, we will offer you the opportunity to unsubscribe out of any service or update to which you have subscribed, if you change your mind.
24.2.4. Any e-mail the Owner sends the Hirer will contain an easy automated unsubscribe link so that you can opt-out of that particular mailshot. Simply follow the indications in the e-mail or contact us firstname.lastname@example.org.
25. Entire Agreement
25.1. The Contract constitutes the entire agreement between the parties relating in any way to its subject matter, unless agreed to otherwise by the Owner and Hirer in writing