Terms and Conditions
By hiring from Borrowed By Banks you are accepting and consenting to these terms and conditions and our Privacy Policy. Borrowed By Banks reserves the right to change these Terms from time to time at its sole discretion. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Australian Consumer Law. If you do not wish to accept any aspect of the Terms, we strongly recommend you stop using our services immediately.
1. Definitions
1a) “Borrowed By Banks”” (“we”, “our”, “us”) means Borrowed By Banks (ABN: 32947818305) or any person acting on behalf of and with the authority of Borrowed By Banks.
1b) “Client” (“renter“, “customer”, “you” or “your”) means the Client or any person acting on behalf of and with the authority of the Client and/or the ‘cardholder’. The ‘cardholder’ (being the person that either books the Garment or pays for the Garment) is incorporated into the definition of the Client (and is considered as the Client in addition to the person that wears the Garment) regardless of whether they are wearing the Garment.
1c) “Garment” “Item” means all Garments supplied on hire by Borrowed By Banks to the Client in accordance with these Terms.
1d) “Event Date” means the date that the Client provides to Borrowed By Banks for when they plan to wear the Garment.
1e) “Hire Period” means the period that the Client books the Garment for spanning from the scheduled pickup date (or the delivery date for hires being delivered by post) to the scheduled return due date (whether in person or by post).
1f) “Hire Fee” means the cost of the hire of the Garment inclusive of GST. This is separate from the “Shipping fee” or any other additional charges (i.e. freight charges).
1g) “Delivery Fee”: the cost for each product to be delivered as part of the Services.
1h) “Terms”: means these terms and conditions.
Section 1: Payment and Confirmation
By entering this agreement, you authorise Borrowed By Banks to charge the selected payment method according to the terms outlined in this agreement. You certify that you are authorised to use this credit card/account and you agree not to dispute the payment with your provider if Borrowed By Banks fulfils its responsibilities in providing the rental item(s).
You authorise Borrowed By Banks to charge the supplied payment method for the rental fee, shipping costs, and any applicable charges related to damages, late returns, or stolen items, in accordance with these Terms and Conditions. You also agree that Borrowed By Banks may charge the payment method on file for any additional fees if your initial payment fails, or if further charges are incurred (e.g., late fees, damage charges, or lost items) following the conclusion of the rental period. If a charge against the supplied payment method cannot be made, we will provide you with an invoice for the fees which you agree to pay within 5 working days.
If for some reason, your payment for an order is reversed or rejected, you agree to pay the outstanding amount within 48 hours of demand. Failure to do this will result in immediate cancellation of the booking. If the item(s) have already been dispatched you will still be liable for the full amount.
Borrowed By Banks reserves 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. This may increase the amount owed by the customer, to cover the costs of these services.
Acceptance (general and minors)
Section 2
The following circumstances constitute your acceptance of these Terms:
• your signature (whether electronic or actual); or
• your confirmation (whether electronic or actual); or
• your conduct (either express or implied); or
• any instructions received by Borrowed By Banks from the Client which a reasonable person would believe constitutes acceptance of these Terms.
2b) Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments in connection with Hire Fees due and owing to Borrowed By Banks.
2c) Upon acceptance of these Terms by the Client, the Terms are binding and irrevocable and can only be amended with the written consent of Borrowed By Banks.
2d) If you are 13 or older but under the age of 18, you represent and warrant in favour of Borrowed By Banks that you have reviewed these Terms with your parent or legal guardian and that you and your parent or legal guardian understand these Terms. Borrowed By Banks will assume that this is the case and provide access to its services on this basis.
Booking Period
Section 3
After your booking is made on our website, you will receive a booking confirmation via email. The rental period you have selected for your rental is ‘inclusive’. For example, a 4-day rental period can mean that your item will arrive by Friday and you will post it back on Monday. In this example, both the Friday and the Monday are included in the 4-day period.
Incorrect or Faulty Items
Section 4:
If you open your delivered parcel or collected hire garment to find that you have the incorrect item, please contact us immediately. If there is enough time, we will do our best to get you a replacement so you still have something to wear.
If you find that the item is correct, but has other issues (e.g. damage, faults or noticeable stains), please let us know within 12 hours of electronic receipt of the delivery via Australia Post tracking.
If you don’t let us know within this timeframe, we reserve the right to refuse a refund as it will not be clear when the damage was caused or by who. You should do this even if you believe you will still wear the item, as you may be offered a discount. More importantly, it will mean you won’t be charged for the damage or charged damage fees.
You acknowledge that the items being sent to you are not brand new and may have some minor wear and tear. A refund may not be granted if the issue is considered minor, insignificant, or the wearability is not affected.
All garments owned by Borrowed By Banks are for rental purposes and are subject to general wear and tear (such as small stains, marks, and fabric pills). Items that have visible wear and tear, faults, or alterations will have this information noted in the condition information tab on the product web page. Minor faults or wear and tear may not be disclosed if deemed insignificant.
In all cases, you will need to wait for the item to be returned to us and assessed, prior to a refund being approved and processed. If approved, you will receive a full refund including any amount paid for postage.
Issues with Fit or Appearance
Section 5:
What if the garment does not fit quite right?
We recommend organising a try on with us before ordering to avoid this however if your item does not fit a credit will be issued to you, minus shipping fees.
To be eligible for a credit you must follow the below steps.
- Within 12 hours of electronic receipt of the delivery via Australia Post tracking you must contact us via contact@borrowedbybanks to notify us.
- Place your garment into the prepaid return satchel provided and take the parcel to your local Australia Post Post Office or place it in a YELLOW Express Australia Post box (before the post box collection cut-off time). Make sure to take a photo of the receipt or the post box. The item must be lodged for return on the same day that it was delivered to you to be eligible for a credit.
- Once your unworn garment is delivered back to us and assessed, we will issue a credit minus shipping fees. This credit will be valid for 12 months.
Customer Cancellations and Refunds
Section 6:
For cancellation requests received 14 days prior to the dispatch date, you will be entitled to a credit for the hire amount including postage, minus a cancellation fee of $40. You will not receive a refund. The credit note can be used to rent any items available on Borrowed By Banks and will have a 12 month expiry.
For cancellation requests received within 14 days prior to dispatch, you will not be entitled to a credit or refund.
In exceptional circumstances we will consider a cancellation outside the allowances above but reserve the right to decide. Please get in touch to explain your situation for our consideration.
Last Minute orders:
Section 7:
If a customer places an order less than 3 days prior to the start date of the rental booking, this is considered “Last Minute order”. Borrowed By Banks will not take responsibility for any post delays caused by Australia Post. Last minute orders are not eligible for a refund (in the case of late delivery past the booking start date, or failure to deliver by Australia Post). Customers may request a store credit, valid for 12 months, by notifying Borrowed By Banks via email. The store credit is exclusive of postage.
Cancellations by Borrowed By Banks
Section 8:
Borrowed By Banks may cancel your booking, for any reason. The compensation to you will be limited to the amount you paid to Borrowed By Banks for the booking and postage. Borrowed By Banks will not be responsible for any consequential damages that result from cancellation of the booking.
Reasons Borrowed By Banks may cancel your booking include, but are not limited to:
- The item is damaged by a customer that has rented the item prior to you.
- The item is lost or stolen by a customer that rented the item prior to you.
- It is deemed that it is not possible to deliver the item to you in time for your booking, due to previous late return by a customer, or for any other reason, such as postage network delays (particularly during periods of COVID-19 restrictions).
In all cases above, you will be entitled to a full refund.
Return of Items
Section 9:
All postal items rented from us will be delivered with a prepaid Australia Post Express Post satchel. This satchel must be used to return the items back to us. If you don’t receive this, please let us know immediately once you receive your delivery.
Items should be returned over the counter at an Australia Post store or depot, on or before the specified rental return date at 3:00pm. This date will be confirmed in your rental agreement. If your Rental Return Date falls on a Sunday or a public holiday, you may post the item on the next working day.
If you lose the prepaid satchel, you will need to pay for one yourself. This must be an Australia Post Express Post satchel. You must contact us immediately and provide the new tracking number.
If for any reason you are not able to attend an Australia Post store or depot to post back the item over-the-counter on the Rental Return Date, please return the parcel via a yellow Australia Post Express Post street postbox before the collection time of the postbox on the Rental Return Date. This is at your own risk. If the parcel is lost and is never scanned by Australia Post, you may be liable for a replacement. You must take a time stamped photo of you lodging the parcel in the Express Post street postbox if you choose this option.
Do NOT lodge this parcel using the RED Australia Post street postbox. This will cause a delay as these post bins are picked up infrequently and you will be liable for late fees.
All local hires rented from us must be returned directly to the collection address by 7:00pm on the specified rental return date.
If a garment is damp or wet for any reason, please contact us immediately. Damp or wet items that are shipped can cause damage to the item, such as mould. If the garment is received back to us and is damaged by travelling damp or wet then you will be liable. The fee charged may be up to, 150% of the original RRP of the garment.
Cleaning
Section 10:
Cleaning fees are included In the total hire price for all of our garments. This may include hand-washing or dry-cleaning.
We know small accidents happen, and we clean all garments accordingly when they are returned after your rental. There will be no fees charged as long as stains can be removed by us. If the stains require additional or specialist cleaning then you will be charged.
You agree to contact us immediately if there is a stain or any damage (even minor). This allows us to plan accordingly and provide you with instructions if cleaning is needed immediately. You agree that you will not attempt to clean the rental item(s) yourself, or have them cleaned by anyone else, UNLESS otherwise discussed with us.
If you attempt to clean a garment and cause damage, or cause a stain to be permanent, Borrowed By Banks reserves the right to bill you a fee up to, but not more than 150% of the full RRP of the garment. The garments available for rent on our website are often sold out in all retail stores and no longer available from the designer, which is why a charge above the RRP may apply. This fee will be on top of any amount already paid for rental or postage.
Use of fake tan is at your discretion. If it causes permanent staining that won’t come out when cleaned, the damage policy below will apply.
Damage or Loss
Section 11:
If damage (stains, rips, etc.) is observed when your garment arrives, please take photos of this and let us know right away. If you do not do this and there was no known damage prior to delivery, it may be assumed that the damage was caused by you.
If you damage a rental item, do not attempt to repair it. If it can be easily repaired (e.g. sewing on a button, re-stitching) it will be taken care of with no additional cost to you. Do not cut, alter, or hem tape any item booked via Borrowed By Banks.
If an item is damaged and is not covered by minor repairs as mentioned above, you will be liable for the cost of restoring or replacing the garment. In the case the garment cannot be restored to a suitable condition, the fee charged may be up to, but not more than, 150% of the original RRP of the garment. This fee will be on top of any amount already paid for rental or postage, and the item will still need to be returned to us, regardless of the amount of damage.
If you’ve lost or not returned an item, you will be liable for up to 150% of the RRP of the item.
The items available for rent on our website are often sold out in all retail stores and no longer available from the designer. This has led to some people renting an item and not returning it, or saying it is lost, so that they are able to obtain something they want to keep. This, along with loss of earnings from potential future rentals, is why there is a 150% of RRP fee for lost and unreturned items.
If an item is lost by Australia Post, then there will be no fees charged to you. This is why it is important that you return the item by posting it over-the-counter at an Australia Post office or depot.
By doing this, the item will be scanned and there will be a record of you posting the item in their tracking system. This will not happen when you put it into a street post box, as a system record won’t be created until it reaches a scanning depot, and there will be no evidence of you having posted the item, meaning you would be liable for the loss.
By accepting this agreement, you give permission for Borrowed By Banks to charge fees for damages or loss of an item to the payment method you used when placing your order. You will be given the option of using an alternative payment method before the charge is made.
Late Return
Section 12:
If for any reason you post back the rental item(s) on a day after the Rental Return Date specified, late fees of $50 per day will apply.
By accepting this agreement, you give permission for Borrowed By Banks to charge late fees to the payment method you used when placing your order. You will be given the option of using an alternative payment method before the charge is made. If we do not receive or hear from you after 5 days 150% of the items retail price will be charged and a police report will be made.
Postage
Section 13:
Borrowed By Banks will include ‘Signature on Delivery’ for items with a high retail value (such as items valued at over $700 AUD). This additional service will come at no additional cost to the customer. This service is used to protect the item, Borrowed By Banks, and the customer, and reduce the possibility of theft or the loss of the item during the delivery process. You will be notified via tracking updates whether your item includes this service. If this is the case, you must ensure you are able to sign on delivery or retrieve the parcel from Australia Post.
Borrowed By Banks is not liable for any delays through Australia Post. We cannot be held accountable for any late or lost deliveries as this is the fault of a third party.
In the case of late delivery, we can issue store credit but no refund. The store credit will be equivalent to the total value of your order (hire price and any shipping costs). To be eligible for a store credit, the hire must be posted back on the same day that it was ultimately delivered by Australia Post, unless otherwise discussed.
Postage is only available within Australia. Our services are not available outside of Australia.
You will receive Australia Post tracking updates to your email and mobile number once your hire has been dispatched. If you do not receive this information, please contact us immediately. It is your responsibility to monitor the tracking information and update us if the item has not been delivered once the tracking information has been sent to you. If the item has been delivered by Australia Post and marked as ‘Delivered – Left in a Safe Place’ and you cannot locate the package, please contact us immediately so we can contact Australia Post and help you locate the package.
If Australia Post has marked the item as ‘Delivered’ and Australia Post are deemed not liable for a lost package, then you will be liable.
Try On Appointments
Section 14
Try on appointments are 15 minutes long and there is no fee for this service.
Please contact us via contact@borrowedbybanks.com beforehand to check if specific items will be available during your try on before booking an appointment.
If you need to cancel or reschedule, please do so within 24 hours.
By renting a garment I accept the terms and conditions.
By accepting the terms and conditions, I authorize Borrowed By Banks charge the provided credit card / Pay Pal according to the terms outlined above. This payment authorization is for the goods/services described above, for the amount indicated above only. I certify that I am an authorized user of this credit card/ PayPal and that I will not dispute the payment with my credit card company; so long as the transaction corresponds to the terms indicated in this form.
If Borrowed By Banks does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. If any monies payable remains unpaid by you after 7 days from the date of demand, you authorise Borrowed By Banks to charge any outstanding fees and other amounts due to us in accordance with these Terms and Conditions against any credit card you have on file with us, including but not limited to the credit card, which details are specified above.