BLK Dress Hire – Rental Terms & Conditions

Welcome to BLK Dress Hire! We’re excited to be a part of your special occasion. Please take a moment to review our dress rental policies to ensure a smooth and enjoyable experience.

RENTAL TERMS & CONDTIONS

1. INTRODUCTION

1.1 These terms and conditions govern the relationship between the customer (hereinafter referred to as “you” or “your“) and Mmabatho Monabe in her capacity as the director trading under the name Beautiful Luxury Kloset dress hire (herein referred to as BLK dress hire) situated at 20 Umfolozi Street, Kathu (the “Studio”) (hereinafter referred to as “we“, “us” or “our“) regarding the rental of dresses ,related accessories and sale of products from our website.

1.2 Please read these terms carefully before using our service. If you do not agree to the terms of this Agreement, you may not use our service.

1.3. Eligibility

You must be 18+ and have a valid SA ID or passport to contract with us. However, guardians are permitted to act on behalf of minors to acquire dress rental services.

2. RISK

You are responsible for any loss or damage to the Products while they are in your possession, including but not limited to stains, tears, other damage etc.  If the Products are lost, stolen, or damaged beyond repair, you will be charged the full replacement cost of the Products.

3. ORDERS

To place an order, you must select the Products you wish to hire and provide us with your contact information, size, identity number (for traceability of customer in circumstances beyond our control), event details, and payment information. By submitting an order, you agree to pay the rental fee and any applicable fees.

     4. RENTAL TERM, LATE RETURN FEES & RETURNS

     4.1 The Products are rented for a maximum period of 3 (three) days, unless agreed otherwise in writing between you and us. The rental period is as follows:

         Day 1: a day before the event

         Day 2: a day of the event

         Day 3: a day after the event (air-dry the garment to prevent mould formation)

         Day 4: Hand the dress to courier or return to studio

Therefore, the item must be returned/couriered back to us on day 4.

It is the responsibility of the client to ensure timeous acquisition of the rented item. The rental period may be extended upon request and subject to availability, and additional rental fees will apply.

4.2 The refundable security fee amounting to 20-25% of the dress rental fee will be payable upon booking with the rental fee. This fee is to guard against loss, damage and timely delivery of our garment.

• The client/ customer is liable for all courier costs.
• The security fee or deposit may be fully refunded if the dress is returned dress in its original condition & packaging (i.e toggle bag/Box/hanger) and on the day agreed on.
• Security fee refunds are processed within 3–5 business days after inspection.

4.3 Products can be collected from our studio at a date and time agreed by both parties. Alternatively, it can be delivered by a third party, to the address provided by the client during their booking.

4.4 It is the responsibility of the renter to ensure the availability of someone at the collection address (7AM-17:00 PM). This enables us to provide excellent customer service and honour on-time delivery to all our clients.

4.5 Should you fail to return the Products at the expiry of the rental period; you agree to pay a late return fee amounting to R200 per day, the Product is returned late.

• This includes days the product is in possession of the courier company.
•  Late return fee will be deducted from your deposit. The shortfall is the responsibility of the renter.

4.6 Products must be returned by you to the Studio during operating hours. Our operating hours and availability will be communicated to clients when a fitting booking is made.

4.7 Items must be returned in the same condition they were received.

      5. PRODUCT AVAILABILITY

All Products are subject to availability. If the Products you have selected is not available, we will contact you to offer alternative Products or find ways to reach mutual agreement.

      6. RENTAL FEE AND PAYMENT

6.1 Products can only be booked and reserved upon full payment of the total quoted rental fee together with the deposit/security fee ( 20-25% of the dress rental fee).

6.2 Payment of the rental fee and deposit may be made via cash, bank account of BLK dress hire or via our third parties (PayFast). We reserve the right to determine the method of payment at any given time.

6.3 You certify that you are authorised to use this credit card/account, and you agree not to dispute the payment with your provider if we fulfil our responsibility in providing the Products.

6.4 You also authorise us to charge against your credit card and/or deduct from any deposit received for any additional fees as outlined in this Agreement such as e.g. full retail replacement fees, late return fees or damage fees.

6.5 Payment is due as per the terms of our quotation.

6.6 The security fee/ deposit payable with the rental fee is solemnly to cover any possible inconveniences to the business such as late fees, damage fees and to ensure timeous return of our product/garment.

6.7 We reserve the right to take all steps necessary to recoup any amounts owing as per this Agreement, including the use of debt collection agencies and taking legal action. Should you breach this agreement, you agree to be liable for all such costs and to pay such legal costs on an attorney and own client scale basis not withstanding if legal action has been instituted or not.

     7. USE OF OUR PRODUCT/GARMENT

7.1 You will treat the Products with the highest standard of care. Avoid contact with sharp accessories or agents that may cause damage to the dress.

7.2 You will not sub-hire the Products.

7.3 You will ensure that the Products always remain under your possession and control.

7.4 You will not in any way alter (temporarily or permanently) the Products in any manner without our prior consent in writing.

7.5 You will return the Products on the expiry of the rental period in the same condition as when received. All dresses must be air dried before shipping to prevent mould formation during transportation.

7.6 You will inspect all Products, and it is your obligation and duty to report to us immediately upon taking possession (within 3 hours of receipt of the garment) if there is any damage, defect or wear and tear of whatsoever nature to the Products.

7.7 We have the right (to be exercised in our sole discretion) to charge you the full retail replacement cost of any of the Products which are:

(i) not returned after the three (3) days rental period, unless we have agreed to an extension of the rental period in writing and you have paid the additional rental fee for such extension; or

 (ii) lost, stolen, or damaged beyond repair.

(iii) damaged by exposure to harsh conditions e.g detergents in an attempt to wash them after your event. The customer need not wash the dress after use.

7.8. We have the right (to be exercised in our sole discretion), to charge you (where applicable):

7.8.1 late rental fees.

7.8.2 damage repair fees; and

7.8.3 a reasonable administration fee.

      8. CANCELLATONS AND REFUNDS

• Cancellations two weeks prior will be charged at 50% of the rental fee and at 75% of rental fee if done less than the two weeks.
• Only shipping and security fees will be refunded when bookings are cancelled on the week of the event date.
• No-shows or failure to collect the dress, AT THE TIME OF DELIVERY are non-refundable.

      9. SIZING AND FITTING

• Please consult our size guide or contact us for fit advice before booking.
• We do not offer refunds for incorrect sizing, but we’ll assist with an exchange if time allows.

     10. WARRANTIES AND REPRESENTATION

We do not give you any warranty (express or implied) or make any representation in relation to the Products. You rent the Products completely at your own risk.

     11. LIMITATION OF LIABILITY

We are not liable for:

• any damages or losses, whether direct or indirect, arising out of or in connection with the rental of our Products and/or accessing our website(s) and/or social media pages.
• Incorrect sizing (non-fitting product/garment). A client must provide their clothing size details for more accurate advice on sizing, from us.
• Any health conditions that may arise during the use of our product. We adhere to strict hygiene guidelines which include sanitizing garments after each use and exposure to high temperatures.
• Any unfortunate instances caused by third-party such as courier delays, misdelivery or lost parcels among others.
• Any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service.

You accordingly agree to indemnify us and hold us harmless for any damages and/or losses, of any nature whatsoever, that you may incur because of renting/using our Products and/or accessing our websites(s) and/or social media pages.

     12. INTELLECTUAL PROPERTY

All intellectual property rights in the Products, our website(s), social media pages, and any content on our website(s) and social media pages are owned by us and cannot be reproduced without our consent.

     13. GENERAL

13.1 This Agreement is the entire agreement between the parties regarding the matters contained herein and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded by the Parties except as provided for herein.

13.2 All of the provisions of this Agreement shall be severable, and no provision shall be affected by the invalidity of any other provision of this agreement. If any part or portion of this Agreement has been deemed to have been struck out and/or be declared a prohibited practice or the like in terms of the Consumer Protection Act, the National Credit Act or other legislation, the effect of which is to adversely affect the rights of us to receive payment of any nature or enforce its rights, the parties will favour an interpretation placing them substantially in the same position as they were before or as similar to that as possible.

13.3 No extension, latitude or other indulgence will in any circumstance be taken to be understood as implied consent or an election by the party or will operate as a waiver or otherwise affect any party’s rights in terms of this Agreement. It shall not stop or prevent any party from enforcing strict and punctual compliance with each and every provision or term hereof at any time.

13.4 This Agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the Republic of South Africa.

13.5 You shall not be entitled to cede any of your rights or assign any of your obligations under this Agreement without our prior written consent.

13.6 We may amend this Agreement from time to time by posting the amended terms on our website. Your continued use of our service following the posting of any changes constitutes your acceptance of such changes.

13.7 We may terminate this Agreement at any time for any reason by providing you with notice. Upon termination, you must return any rented Products to us and pay any outstanding fees.

     14. DISPURE RESOLUTION

Unresolved issues may be taken to the Consumer Tribunal or legal action.

References

– POPI Act (No. 4 of 2013)

– Consumer Protection Act (No. 68 of 2008)

– Electronic Communications and Transactions Act

– Payflex DPA

– PayFast DPA

– Courier Guy DPA

For any questions or support, feel free to contact our customer service team at 076 7232 647

• Thank you for choosing BLK Dress Hire – where elegance meets convenience.