By accessing and using the Samantha Wynne website at www.samanthawynne.com.au, you are accepting and consenting to the practices in these terms of use. Samantha Wynne reserves the right to change these terms and conditions from time to time at Samantha Wynne’s sole discretion.
Terms and Conditions
These terms and conditions are between the Client and Samantha A Wynne trading as Samantha Wynne Designs ABN 76 719 297 975. It is the Client’s responsibility to read and adhere to these terms and conditions.
1. Defined terms
Booking means the reservation of a Hired Garment by the Client
Booking Form means the form completed by the Client.
Bond means an amount paid by the Client to Samantha Wynne in addition to the Hire Fee.
Client (“Their”) means the person described in the Client Details.
Delivery Address means the address the Client has nominated for delivery of the Hired Garment to the Client.
Event Date means the date the Client plans to wear the Hired Garment.
Hired Garment means the garment the Client has chosen to hire from Samantha Wynne.
Hire Fee means the cost of the hire of the Garment inclusive of GST.
Pick-Up Date means the date on which the Client will collect the Hired Garment from Samantha Wynne.
Return Date means the date seven (7) days after the Pick-Up Date.
Samantha Wynne (“Our”) means Samantha A Wynne trading as Samantha Wynne ABN 76 719 297 975.
Trading Hours means the hours during which Samantha Wynne is open for trading.
2. Acceptance
(a) The following circumstances constitute a Booking and the Client’s acceptance of these terms and conditions:
(i) Client’s signature on the Booking Form
(ii) Client’s confirmation (via phone or email)
(iii) Any communication received from the Client which constitutes a booking acceptance of these terms and conditions
(b) A Booking is subject to acceptance or rejection by Samantha Wynne at Our sole discretion.
3. Payment
The Client must pay the Hire Fee and the Bond in full to Samantha Wynne on or before the Pick-Up Date.
4. Bond
If the Hired Garment is returned to Samantha Wynne in an acceptable condition determined at the sole discretion of Samantha Wynne, the Bond will be refunded to the Client within ten (10) business days after the Return Date.
If the Hired Garment is returned to Samantha Wynne in an unacceptable condition determined at the sole discretion of Samantha Wynne, the Bond will not be refunded to the Client.
5. Hiring Dates
The Pick-Up Date and the Return Date cannot be changed after a Booking has been made. If the Client wishes to change a Booking, they must follow the procedure as outlined in clause 9(b).
6. Collection
(a) The Hired Garment must be collected during Samantha Wynne’s Trading Hours on the Pick-Up Date at a pre-arranged mutually agreed time.
(b) If the Client fails to collect the Hired Garment during Samantha Wynne’s Trading Hours on the Pick-Up Date at a pre-arranged mutually agreed time, the booking is abandoned and neither the Hire Fee or the Bond will be refunded to the Client.
7. Delivery
(a) Delivery is only offered at the sole discretion of Samantha Wynne.
(b) The Hired Garment will be delivered using a Third Party Courier.
(c) All delivery costs are to be paid by the Client.
(d) Any delivery time or date given to the Client by Samantha Wynne or a Third Party Courier is an estimate only. Samantha Wynne is not liable for any loss incurred by the Client as a result of late delivery.
(e) At Samantha Wynne’s sole discretion, delivery of the Hire Garment shall be deemed to have taken place when the Hired Garment is delivered to the Client’s nominated Delivery Address. and the Client (or a Third Party on the Client’s behalf) has signed the delivery receipt or the Hired Garment has been left in a safe place.
(f) Samantha Wynne is not responsible if the Hired Garment is stolen or the Client claims no delivery was made.
8. Return
The Hired Garment is to be returned to Samantha Wynne during Our Trading Hours at a pre-arranged mutual agreed time by the Return Date. If the hired Garment is not returned to Samantha Wynne by the Return date, each additional day will incur a $100 late fee, inclusive of non-business days.
9. Cancellation by The Client
The Hire Fee is non-refundable if the Client cancels the booking due to change of mind or change in personal circumstance preventing the Client from using the service.
If the Client wishes to change or cancel a booking they must send an email to
sales@samanthawynne.com.au with their Full Name, Event Date and Garment Details. A phone call is not an acceptable record of cancellation.
Samantha Wynne will issue a hire credit for cancellations in the following circumstances:
- For garments booked for collection at the Samantha Wynne store the Client provides written notice of cancellation within seven (7) days of the Pick-Up Date.
- For garments booked for delivery to the Client by Samantha Wynne, the Client provides written notice of cancellation within fourteen (14) days of the Pick-Up Date.
Any credits issued by Samantha Wynne are valid for one (1) year.
10. Cancellation by Samantha Wynne
Samantha Wynne may at any time cancel the Client’s booking for any reason whatsoever before the Hired Garment is delivered to the Client. Circumstances may include that a garment is:
- Returned late by aThird Party;
- Lost; or
- Damaged
Any payment made by the Client with respect to the Booking will be refunded to the Client if the Booking is cancelled by Samantha Wynne.
11. Defects
The Client must inspect the Hired Garment upon collection or delivery and shall within four (4) hours of receipt of the Hired Garment notify Samantha Wynne (by phone and email) of any alleged defect, shortage in quantity, damage or failure to comply with what was set out in the Booking. All products are photographed prior to each Booking and kept on file.
12. Alterations
Alterations are not available for Hired Garments unless explicitly agreed by Samantha Wynne.
The Client agrees to not attempt to alter or repair the Hired Garment.
13. Cleaning
Dry-cleaning of Hired Garments is handled by Samantha Wynne between bookings. The Client agrees that under no circumstances will they attempt to clean or press the Hired Garment
14. Risk
If the Hired Garment is lost, stolen or returned in a condition deemed unacceptable, the Client is liable to pay all costs to replace the Hired Garment. The cost to replace the Hired Garment is determined at the sole discretion of Samantha Wynne. In assessing the replaceable cost, Samantha Wynne will consider:
- The demand for the Hired Garment in the market;
- The availability to purchase the Hired Garment in the market;
- The condition of the Hired Garment;
- The Market Value of the Hired Garment
- The Hire Fee and Bond the Client has already paid in respect to the Hired Garment.
The Client agrees to use Our services at Their own risk. To the extent permitted by law, Samantha Wynne will not be liable for any direct, indirect, incidental, or consequential loss or damages caused by using Our services.
15. Title
The Hired Garment always remains the property of Samantha Wynne.
