Terms and Conditions

November 2019

Fashion Alta Moda

Standard Online Terms and Conditions

1. Introduction
This is an agreement between You and Fashion Alta Moda Pty Ltd (ABN 54 635 893 408) (FAM). By booking a Garment for hire from FAM, You accept the terms of this Agreement.

2. Statutory consumer rights
Nothing in this Agreement restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

3. Eligible hirers
3.1. To hire the Garment, You must be aged 18 or older. If You hire the Garment on behalf of any person who is aged under 18, you must notify FAM when You make the booking.

3.2. If You hire the Garment on behalf of a company or organisation, You represent and warrant that You are the authorised representative of that company or organisation with the authority to bind such company or organisation to this Agreement and agree to be bound by this Agreement on behalf of such company or organisation.

4. Garment hire
4.1. FAM agrees to hire the Garment to You for the Hire Period in return for the Fees.

4.2. The Garment can only be delivered to Australian metropolitan areas and such other areas as approved by FAM.

4.3. You can only book a Garment within two months of the Delivery Date.

4.4. FAM reserves the right (at its discretion) to request proof of your identity prior to agreeing to hire the Garment to You.

5. Payment
5.1. At the time You make the booking, You must pay the Fees and supply the details of an acceptable credit card for any charges incurred under this Agreement.

5.2. You expressly authorise FAM to deduct any charges incurred under this Agreement (including, but not limited to, the Fees and other amounts that FAM is entitled to charge You as set out in this Agreement) from your credit card.

5.3. If FAM is unable to charge your credit card for the amounts it is entitled to charge under this Agreement for any reason, then You agree to pay those amounts to FAM promptly on demand.

5.4. Unless stated otherwise, the Fees and any other costs or charges include GST.

6. Damage to Garment
6.1. You must not lose or damage the Garment (other than fair wear and tear as determined by FAM).

6.2. You must not alter or modify the Garment in any way.

6.3. If the Garment is lost, stolen or damaged beyond repair (as determined by FAM) and other than fair wear and tear (as determined by FAM), FAM is entitled to charge You:
(a) where the Garment is stated on the FAM website to be from the current season at the time of the booking, 50% of the Recommended Retail Value of the Garment; or
(b) where the Garment is stated on the FAM website to be from a previous season at the time of the booking, 20% of the Recommended Retail Value of the Garment.

6.4. If the Garment is damaged but repairable (as determined by FAM), FAM will notify You of the costs of repair and will be entitled to charge You such costs.

7. Title and risk
Full ownership of, and title in, the Garment remains with FAM at all times. You are responsible for, and bear the risk of, the Garment from the date and time of delivery to your nominated premises to the date and time when You return the Garment to the Courier (which includes any period of time when the Garment is left unattended at your premises).

8. Return of Garment / Fit Concerns
8.1. General Return Policy: The policies outlined in this section do not override the statutory consumer rights detailed in clause 2.

8.2. Return Deadline: The Garment must be returned in its original packaging to F.A.M. on or before the specified Return Date and Time, unless a different arrangement is agreed upon in writing.

8.3. Late Return Penalties: A late return fee of $50 per day is applicable if the Garment is returned after the Return Date and Time. This fee accrues daily until F.A.M. receives the Garment.

8.4. Deemed Loss: If the Garment is not received by F.A.M. within 7 days past the Return Date and Time, it will be considered lost, and clause 6.3 will apply.

8.5. Defective Garments: In case of receiving a defective Garment, you must provide photographic evidence of the defect to FAM at hello@fashionaltamoda.com.au within 8 hours of the Garment's arrival at your premises.

8.6. Fit Issues from online bookings only: Notify FAM at hello@fashionaltamoda.com.au within 8 hours of receiving the Garment if it does not fit. Keep all tags attached for returns due to fit issues.

8.7. Fit Guarantee Options for on-line bookings only: If you report a fit issue within the specified 8 hours, F.A.M. offers two options:

Option 1: A free exchange equal to the value of your order (additional shipping costs apply or free if picked up in store).
Option 2: A refund minus a $50 administrative fee and postage costs.

8.8. No Refunds for Change of Mind: Refunds are not available for change of mind on or after the Delivery Date, as per clauses 8.5, 8.6, and 8.7.

8.9. Tag Removal: Do not remove any tags from the Garment if it is defective or does not fit.

9. Booking Cancellation
9.1. Cancellation Fees: Without limitation to clauses 8.5 and 8.6, You may cancel your booking subject to the following
cancellation fees:
(a) More than 1 week before the Delivery Date: Credit for a future booking, minus a $50 administrative fee.
(b) Within 1 week of the Delivery Date: No refund or credit.

9.2. Store Credit Validity: Store credits issued as per clause 9.1(b) are valid for a period of one (1) year from the date of issuance. The credit must be used within this one-year period, after which it will expire and no longer be available for use.

9.3. Cancellation Fee Justification: The fees in clause 9.1 are a genuine estimate of the loss incurred by FAM due to cancellation.

9.4. FAM Cancellation Rights: FAM may cancel your booking at any time before delivery if the Garment is unavailable. In such cases, FAM will fully refund the fees paid by you.

10. Styling Service
10.1. To the extent that You use the Styling Service, You authorize FAM to charge You the Styling Service Fees when You book the Styling Service.

10.2. If You cancel your booking for the Styling Service less than 7 calendar days in advance of the Styling Service Date, FAM may elect to retain the Styling Service Fees paid by You.

11. Intellectual property
For any content that You create and send to or identify FAM in, including but not limited to photos of You wearing the Garment or otherwise featuring the Garment, You grant FAM a perpetual, irrevocable, royalty-free, non-exclusive, transferable, worldwide license to use, modify and reproduce that content.

12. Privacy
You agree to us collecting, using, and disclosing your personal information in accordance with our privacy policy.

13. Your account information
13.1. You represent and warrant that any information You provide to FAM is correct and You undertake to keep this information accurate and up-to-date at all times.

13.2. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account. You may close your account at any time by following the instructions that will be updated from time to time on FAM’s website.

14. Limitation of liability
To the extent permitted by law, You agree that FAM’s liability to You for any and all claims connected directly or indirectly with this Agreement are limited in aggregate to the Fees paid and payable by You under this Agreement.

15. Dispute resolution
You and FAM agree to use reasonable endeavors to resolve any dispute that arises in connection with this Agreement by negotiation before starting legal proceedings.

16. General
16.1. You must maintain possession of the Garment at all times, and not assign or deal with your interest under this Agreement without the prior written consent of FAM.

16.2. This Agreement is governed by the law in force in New South Wales and each party submits to the jurisdiction of the courts exercising jurisdiction in that State.

16.3. This document contains the entire agreement between You and FAM in relation to the hire of the Garment.

17. Definitions
These terms have the following meanings in this Agreement:

Agreement means these standard terms and conditions and the booking confirmation for the hire of the Garment.
Courier means the courier designated by FAM to be used by You to return the Garment to FAM.
Delivery Date means the date for the delivery of the Garment by FAM to You specified in the booking confirmation.
Delivery Charges means the charge for delivery of the Garment as specified in the booking confirmation.
Fees means the fee for hire of the Garment and Delivery Charges, both as specified in the booking confirmation.
Garment means the Garment described in the booking confirmation that FAM agrees to hire to You.
Hire Period means the period commencing on the Delivery Date and concluding on the Return Date and Time.
Recommended Retail Value means the Recommended Retail Value of the Garment stated on the FAM website.
Return Date and Time means 5pm on the date for the return of the Garment by You to the Courier specified in the booking confirmation.
Styling Service means the styling service described in the booking confirmation that FAM agrees to provide to You.
Styling Service Date means the date for the Styling Service specified in the booking confirmation.
Styling Service Fees means the fee for the Styling Service as specified in the booking confirmation.
You means the hirer of the Garment.

18. Gift cards or gift vouchers
FASHION ALTA MODA Gift Cards are sold subject to the following terms and conditions:
a) Gift Cards are valid for 12 months from the date of purchase.
b) Gift Cards cannot be returned or refunded and are non-transferable.
c) Gift Cards can only be purchased with a debit or credit card; account credit cannot be used to buy a Gift Card.
d) If your order exceeds your credit value, any remaining balance must be paid for by credit or debit card.
e) FASHION ALTA MODA is not responsible if a Gift Card is lost, stolen, destroyed or used without your permission.
f) FASHION ALTA MODA reserves the right to cancel a Gift Card if we deem such action necessary.

19. SUBSCRIPTION
You may purchase a Fashion Alta Moda subscription (Subscription). The entitlements of Your Subscription and its Subscription Fee will depend on the particular Subscription which You have selected. Further details are available on the Store at: (or any other location specified by Us from time to time) or otherwise will be provided to You on registration of Your Subscription (Subscription Details).

19.1 F.A.M. OFFERS THREE TIERS OF SUBSCRIPTION

19.1.2 TIER ONE: Couture Subscription - $1,150/month/ 4 x months:

It is a 4-month subscription plan that automatically renews every month for four months from the start date.
8 garments are allowed during the 4-month subscription period, regardless of the distribution over the months.
Choose any dress and accessory for up to 8 outfits.
Any unused garment quotas cannot be carried forward or used outside the subscription period.
Garments on hire will be treated to the same Terms and conditions outlined here, www.fashionaltamoda.com (https://www.fashionaltamoda.com.au/pages/terms-and-conditions).

19.1.3. TIER TWO: Atelier Subscription - $650/month/ 4 x months:

It is a 4-month subscription plan that automatically renews every month for four months from the start date.
6 garments are allowed during the 4-month subscription period, regardless of the distribution over the months.
Choose any dress and accessory for up to 6 outfits (up to the value of $650/hire or less). For items exceeding this value, the difference is to be paid.
any unused garment quotas cannot be carried forward or used outside the subscription period.
Garments on hire will be treated to the same Terms and conditions outlined here, www.fashionaltamoda.com (https://www.fashionaltamoda.com.au/pages/terms-and-conditions).

19.1.4. TIER THREE: Maison Subscription - $400/month/ 4 x months:

It is a 4-month subscription plan that automatically renews every month for four months from the start date.
4 garments are allowed during the 4-month subscription period, regardless of the distribution over the months.
Choose any dress for up to 4 outfits (up to the value of $500/hire or less). For items exceeding this value, the difference is to be paid.
any unused garment quotas cannot be carried forward or used outside the subscription period.
Garments on hire will be treated to the same Terms and conditions outlined here, www.fashionaltamoda.com (https://www.fashionaltamoda.com.au/pages/terms-and-conditions).

19.2 – SUBSCRIPTION GENERAL DETAILS

19.2.1 Subscription Hire Period:
(a) The standard subscription hire period for garments ("Hire Period") is four (4) consecutive days from the date of issue.
(b) Extension of Hire Period: Should the Subscriber wish to retain any garment(s) beyond the standard Hire Period, an additional fee shall be payable. The fee will be fifty Australian Dollars (AUD $50) per garment for each additional week or part thereof.
(c) Overseas Use: Garments hired from Fashion Alta Moda (FAM) are generally authorized for overseas use. However, exceptions may be granted on a case-by-case basis at the discretion of FAM. A request for overseas use must be submitted and approved prior to the commencement of the Hire Period. Additional terms, conditions, and fees may apply for such overseas use and will be assessed and communicated to the Subscriber on an individual basis.
(d) All fees and charges mentioned in this clause are inclusive of any applicable taxes and are subject to change at the discretion of FAM, with reasonable notice provided to the Subscriber.

19.2.2 Subscription Renewal:
(a) Automatic Renewal: Your Subscription shall automatically renew for successive four (4) month periods on the monthly anniversary of the commencement date of Your initial Subscription Period.
(b) Cancellation or Suspension: To cancel or suspend Your Subscription, You must notify Us by completing and submitting the Cancellation Form at least five (5) days prior to the renewal date and ensure the return of all Products currently On Hire. Your Subscription will not be deemed canceled or suspended, and You will remain responsible for payment of the Subscription Fee until all such Products are returned in satisfactory condition to FAM.
(c) Billing: Upon automatic renewal, You will be charged the prevailing Membership Fee for the renewed Subscription Period. The Membership Fee will be automatically deducted from Your chosen payment method, as provided at the time of Your initial registration.
(d) Entitlements: Your Subscription entitles You to hire one or more Products as specified in the details of Your Subscription ("Subscription Details").
(e) Changes to Subscription: FAM reserves the right to modify the Subscription Fee or inclusions as set out in the Subscription Details. Any such changes will be communicated to You via email at least fourteen (14) days prior to Your next renewal date, thereby providing You the opportunity to cancel Your Subscription should You not accept the revised Subscription Details.
(f) Compliance: You agree to adhere to any additional terms specified in the Subscription Details.
(g) Payment Defaults: In the event of a default in payment during Your Subscription Period: i. FAM will make multiple attempts to process payment from Your provided card. ii. If payment remains unsuccessful, FAM will contact You via phone and email to arrange alternative payment and to update Your payment details. iii. Non-payment may result in suspension of Your Subscription at FAM's discretion. iv. A late payment fee of ten Australian Dollars (AUD $10) per day may be imposed for each day payment is overdue, subject to FAM's discretion. v. It is Your obligation to maintain current payment details on file with FAM. vi. Persistent non-response or failure to update payment information within a designated period may lead to cancellation of Your Subscription by FAM, at its discretion.

19.2.3 Home Try-On Service - Available only to Tier 1 Couture Subscribers
(a) Service Offering: Fashion Alta Moda (FAM) offers a Home Try-On service to Subscribers, allowing the opportunity to try on up to four (4) outfits in the comfort of their own home.
(b) Delivery and Pick-up: The selected outfits for the Home Try-On will be delivered and picked up by FAM on the same day. Specific time frames for delivery and pick-up will be coordinated directly with the Subscriber.
(c) Courier Fees: Where courier services are utilized for the Home Try-On service, additional fees may apply. FAM will inform the Subscriber of any such fees in advance.
(d) Care of Products: During the Home Try-On period, the Subscriber agrees to treat the outfits with the utmost care. The Subscriber will be held responsible for any damage to, or loss of, the outfits while in their possession, subject to the terms of the Subscription Agreement.
(e) Purchase Option: Should the Subscriber decide to hire any outfits following the Home Try-On, the terms of the Subscription Hire Period as detailed in clause 19.4.1 shall apply.
(f) Non-Hire: If none of the outfits from the Home Try-On are selected for hire, they must be returned in the same condition as they were received. Failure to return the outfits in the original condition may result in fees or charges as detailed in the Subscription Agreement.
(g) Acceptance of Service: Use of the Home Try-On service constitutes acceptance of these conditions and any additional terms provided at the time of service arrangement.

19.2.4 Subscription Deliveries
(a) Sydney Deliveries and Returns: Subscribers have the option to personally collect and return the Products from and to FAM's store. Should a Subscriber opt for courier services for delivery and return, the Subscriber will incur courier fees for each hire period. Please note that FAM's delivery charges encompass costs for special packaging, large box delivery which requires a signature upon receipt, and insurance coverage for loss during transit.
(b) Interstate Deliveries and Returns: For deliveries and returns outside of Sydney but within Australia, a flat fee of seventy-five Australian Dollars (AUD $75) will be charged per hire period. This fee includes special packaging, large box delivery with signature confirmation, and insurance for loss.
(c) Delivery Completion: Delivery of the Products is considered complete when the Products arrive at the Subscriber's specified delivery address, which may include a designated post office, and are either signed for by the Subscriber or an authorized third party, or left in a designated safe place as determined at FAM's sole discretion.
(d) Delivery Arrangements: The Subscriber is responsible for making all necessary arrangements to receive the Products at the time they are tendered for delivery. If the Subscriber or an authorized third party is unable to receive the Products at the nominated

19.3 SPECIAL OFFERS
Fashion Alta Moda is pleased to introduce Special Offers, extending unique opportunities beyond our subscription services. These Special Offers provide additional value and exclusive benefits to our clients, adhering to the commitment to excellence and client satisfaction that Fashion Alta Moda embodies.

19.3.1 Offer Details:
(a) Eligibility and Utilization: Special Offers are available to all clients, regardless of subscription status. Offers must be utilized within the specified validity period, as detailed in each offer's terms.
(b) Payment: Payment for Special Offers is required upfront. The terms of each offer, including any discounts or value-added services, will be clearly stated at the time of promotion.
(c) Quota and Expiry: Clients must use the offers within the validity period. Unused offers will not carry over beyond the expiry date and cannot be redeemed for cash or credit.
(d) Changes and Cancellations: Refer to Terms & Conditions item 9. Booking Cancellations, Without limitation to clauses 8.5, and 8.6.
(e) Damages and Losses: Refer to Terms & Conditions item 6. Damage to Garment.
(f) Exceeding Value: If a client selects an item exceeding the maximum value specified in the offer, they will be required to pay the difference.
(g) Hire Period: Including but not limited to clauses 4 and 19.2.1
(h) Delivery: Including but not limited to Clause 19.2.4

19.3.2 Inclusions:
Special Offers may include additional services such as personalized styling appointments and complimentary dry cleaning. The specifics of what is included will be detailed in each offer's terms.

19.3.3 General Conditions:

All other standard terms and conditions, including but not limited to delivery, hire period, and garment care, apply to items hired under Special Offers unless explicitly stated otherwise in the offer's terms.

Fashion Alta Moda reserves the right to modify, extend, or terminate Special Offers at any time, with reasonable notice provided to clients. Participation in Special Offers signifies acceptance of these terms and any specific conditions attached to the offer.

For more information on current Special Offers and detailed terms, please visit our website or contact our customer service team.