FULL HIRING CONDITIONS
1.1. “Never Twice” (“we”, “our”, “us”) means Never Twice (ABN 92 576 656 998), its successors and assigns or any person acting on behalf of and with the authority of Never Twice (ABN 92 576 656 998).
1.2. “Services” means the Never Twice website located at nevertwice.com.au (the “Site”) and related services including Never Twice’s fashion rental services and its content (the “Content”)
1.3. “User” (“client”, “customer”, “you” or “your”) means the User or any person acting on behalf of and with the authority of the User.
1.4. “Apparel” (“piece”, “pieces”, “outfit”) means all Apparel (including any fashion accessories e.g. dresses, bags) supplied on hire by Never Twice to the User (and where the context so permits shall include any incidental supply of services). The Apparel shall be as described on any invoices or other documentation provided by Never Twice to the User.
1.5. “Rental Period” means the period that the User booked the Apparel for - starting from the day the Apparel is delivered to the User’s delivery address, to the day the Apparel is supposed to be posted back by the User, as shown on Never Twice’s website.
1.6. “Rental Price” (“price”, “hire fees”, "booking fees") means the cost of the hire of the Apparel as agreed between Never Twice and the User
2.1. Any instructions received by Never Twice from the User for the hire of clothing or accessories and/or the User’s acceptance of clothing or accessories supplied on hire by Never Twice shall constitute acceptance of the terms and conditions contained herein.
2.2. Upon acceptance of these terms and conditions by the User the terms and conditions are irrevocable and can only be amended with the written consent of Never Twice.
3. Piece fit
3.1. You must not attempt to fit into or fasten/zip an outfit that is too small for you
3.2. If the piece doesn’t fit, Never Twice will endeavour (if requested) to send an alternative style or size (subject to availability and courier service availability. This may be subject to additional payment, depending on the outfit chosen and delivery costs.
3.3. If we are unable to deliver an alternative size/outfit or if you do not wish to have one delivered, Never Twice will credit you the rental fee paid minus $25 (non-refundable processing fee for outfit cleaning, steaming and return shipping of subsequent outfit) which you can then use to hire another piece from Never Twice (a Size-Credit).
3.4. You must request a Size-Credit before your event and before the piece is returned to us. If a Size-Credit is not requested and the piece is not sent back within 24 hours of receiving it, you will not be eligible for a Size-Credit for this order.
3.5. Size-Credits must be requested via email (firstname.lastname@example.org ) or phone (1300 22 92 14) within 24 hours of receiving the outfit
3.6. If you request a Size-Credit, Never Twice has the right to refuse the request if it forms the view, in its sole discretion, that the piece has been worn by you. The piece must be tried on before the protective ribbon/tag is removed. If the protective ribbon is cut or tampered with in any way, you will not be eligible for any Size-credit, refund or exchange for this order. Never Twice will determine the outcome of your request or a Size-Credit once the piece has been returned to Never Twice.
3.7. Size-Credits and all other credit or discount codes are not exchangeable for cash and are valid until the expiry date given when the credit is issued.
4. Returning your piece to Never Twice
4.1. You must lodge the return parcel over-the-counter with Australia Post on the day you have agreed to return it to Never Twice. However, if you hire ends on a day on which your nearest Australia Post office is closed (Sundays or Public Holidays), you must post the piece back to us on that day via a street-side yellow (not red) Australia Post box or at Australia Post in the morning of the next business day.
4.2. You must return the outfit in the return pre-paid express post bag provided to you with your outfit delivery. If you lose the pre-paid express post bag, you must return the piece to Never Twice in suitable packaging via Express Post at your own expense.
4.3. You must post the piece back to Never Twice on your nominated return date. If you fail to do so, Never Twice may charge you the daily rate for the piece you have hired for every day the piece is late.
4.4. If you return your dress via an Australia Post Outlet (this is the recommended and preferred method of return), it will be scanned over the counter as proof of lodgement and the outfit will be deemed as returned. We will accept responsibility for the article after the first scan. If you return your dress via an Australia Post street mailbox and the dress is not scanned and is lost by Australia Post then you accept responsibility for this loss and will be required to pay 150% of the RRP of the outfit listed on our website.
5. Your reliance on website images
5.1. Pieces may appear different in colour, style and fit to the website images provided by Never Twice. Despite every effort to provide accurate images of each outfit’s colour and design, actual colours and design may vary slightly, due to different device screen settings, lighting and different body shapes and heights of models depicted wearing the apparel.
5.2. Never Twice is not liable for any difference between the website image and the piece you hire. No refunds will be issued if you choose not to wear the dress due to any difference in the images displayed and the dress you receive.
6. Outfit condition
6.1. All outfits are maintained and cleaned professionally after every hire and between hires and kept in excellent condition. It is reasonable that some outfits may have minor small areas of wear and tear due to being previously hired. You may request photos of a dress before hiring if you wish. No refunds or store credit will be issued if you choose not to wear an outfit due to reasonable wear and tear.
7.1. You will receive your piece on or before the day you have asked to receive it.
7.2. The piece is at your risk as soon as it is posted to you by Never Twice and remains at your risk until received by Never Twice.
7.3. You must provide correct shipping address details to Never Twice. If you fail to provide correct shipping address details, Never Twice will not be liable for any loss or damage suffered.
7.4. You must notify us as early as possible (and at least 4 business days before the first day of your rental period) of any changes to your shipping details, including delivery address
7.5. If the piece does not arrive to you on time for your event due to our shipping partner’s fault, and if you are not able to wear the outfit to your event, Never Twice will give you a full refund once the item is returned back to us unworn with all tags intact.
7.6. Once delivery has been made to your nominated address you bear all responsibility for the outfit. If you have opted to have your product delivered to your work address or mailroom, responsibility is passed to you as soon as the outfit has been signed for.
7.7. A secure shipping address is highly recommended when placing your order. Never Twice does not bare any responsibility for outfits left unattended.
7.8. If you are unavailable to receive the item Never Twice will not be held responsible for additional shipping delays or additional shipping charged passed on by delivery service.
8. Try On Service
8.1. A Try On Service is available for $15 per day (2 day hire period only is available for Try On Service).
8.2. Dates selected for the Try On Service are indicative and dependent upon outfit availability, and cannot be guaranteed. Please contact us to check date availability before placing your order for the Try On Service. Dates of Try On Service may also change after the booking is placed, but we will notify you of this as soon as practicable.
8.3. Our try on service is only available to you if you also place a booking for your event dates.
8.4. If the outfit does not fit at the Try On Service
8.4.1. If your booking starts in more than 14 days, a refund is available
8.4.2. If your booking starts in 14 days or less, a store credit is available
8.5. The $30 try on fee is non-refundable
8.6. You may also request to change the outfit size/style for your event rental booking (additional charges may apply if outfit style is altered)
8.7. A second Try on for the same order may be requested at an additional fee of $20
9.1. You must contact us as early as possible regarding cancellations, and our customer service team will assist you.
9.2. Hire fees are non-refundable (excluding those governed under the terms of the Try On Service at clause 8.4). Cancellations made at least 7 days before the first day of your rental period are eligible for store credit to the value of your rental fee.
9.3. If cancellation is made less than 7 days before the first day of your booking, no refunds or store credit will be given.
9.4. If the item has already been shipped to you when you inform us about the order cancellation, we are unable to issue you a refund or a store credit.
10. Loss, Theft and Non-Return
10.1. Apparel is and will at all times remain the absolute property of Never Twice.
10.2. If the piece is lost, stolen or not returned to Never Twice within 14 days after you agreed to return it to Never Twice, Never Twice will consider this a non-returned piece and will charge your payment method 150% of the RRP listed on our site for the piece. This is in addition to the hire payment that has already been made.
10.3. If you owe Never Twice any payment due to loss, theft or non-return of the outfit, you agree to indemnify Never Twice from all costs incurred to recover any payment from you (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Never Twice’s collection agency costs, and bank dishonour fees).
10.4. If you fail to return the piece to Never Twice then Never Twice or our agent may enter upon and into land and premises owned, occupied or used by the you, or any premises where the outfit is situated and take possession of the outfit.
11.1. While the piece is in your possession, you must care for it as if were your own.
11.2. If the piece is damaged during the time you have hired it, including in transit, and the piece:
11.2.1. can be repaired - you will be charged the cost price to repair the piece plus 10%;
11.2.2. cannot be repaired - Never Twice will charge you 150% of the RRP listed on our site for the piece. This is on top of the hire payment. We require the piece to be sent back to us at the end of your booking.
11.3. Damage includes but is not limited to stains, missing beads or other features of a piece, faulty or broken zippers, rips, tears, fraying and fire.
12. Payment terms
12.1. As soon as you complete your booking for the piece, your chosen method of payment will be charged the full cost to hire your piece for the requested period.
12.2. You preauthorise Never Twice to charge your chosen method of payment which can be called upon if another term of these Hiring Conditions requires you to pay Never Twice (for instance, in the case of damage to the piece, as set out in section 7(a) above, or non-return of piece).
12.3. If your payment method is declined or if you owe Never Twice any payment, you agree to indemnify Never Twice from all costs incurred to recover any payment from you (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Never Twice’s collection agency costs, and bank dishonour fees).
14. Accuracy, completeness and timeliness of information
14.1. Never Twice is not responsible if information made available on the Never Twice website is not accurate, complete or current.
14.2. The material on the Never Twice website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Never Twice website is at your own risk.
14.3. Never Twice website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Never Twice website at any time, but Never Twice has no obligation to update any information on the Never Twice website. You agree that it is your responsibility to monitor changes to the Never Twice website.
15. Accuracy of information
15.1. Never Twice reserves the right to refuse any order you place.
15.2. You agree to provide current, complete and accurate information for all purchases from Never Twice. You agree to promptly update your account and other information, including your email address and credit card details, so that Never Twice can complete your transactions and contact you as needed.
15.3. Occasionally Never Twice may publish information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Never Twice reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate or incomplete at any time without prior notice (including after you have submitted your order).
16. Terms of Service
16.1. These Hiring Conditions are to be read in conjunction with our Terms of Service.
16.2. In the event of inconsistency, the terms of the Hiring Conditions will prevail.
17. Severability of terms, entire agreement and amendments
17.1. In the event that any provision of these Hiring Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Hiring Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
18. LIMITATION OF LIABILITY
18.1. Never Twice will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability for us on any breach of such term, condition or warranty shall be limited, at our option, to any one or more of the following:
if the breach relates to goods;
the replacement of the goods or supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
if the breach to relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
Never Twice shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the User failing to properly maintain or store any Apparel;
(b) the User continuing the use of any Apparel after any defect became apparent or should have become apparent to a reasonably prudent user;
(c) fair wear and tear, any accident, or act of God.
These Hiring Conditions and any policies or operating rules posted by Never Twice on the Never Twice website constitutes the entire agreement and understanding between you and Never Twice, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written (including, but not limited to, any prior versions of the Terms of Service).
Never Twice has the sole discretion to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check the Never Twice website periodically for changes. Your continued use of or access to the Never Twice website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
You agree to be bound by the above conditions upon entering nevertwice.com.au. If you do not agree to these conditions, you must exit the website immediately.