Auction Terms and Conditions

Welcome to our website. This website with URL address https://onlydreamdresses.com/ is owned and operated by Only Dream Dresses™ ABN 74 626 537 198.

Only Dream Dresses™ is a business that provides an online shop for the purchase and rental of pre-loved and new wedding dresses, accessories and related items by connecting you with Lenders of wedding fashion and related items.

Please read these Rental and Purchase Terms and Conditions (“Terms”) carefully as they contain important information regarding your legal rights, remedies and obligations.

By using the Site, you agree to comply with and be legally bound by these Terms together with our Website Terms of Use and Privacy Policy, whether or not you become a Registered User to access items listed on this website.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

If you do not agree with these Terms please do not use this website.

On this website, you (the Purchaser) purchase items listed by the Dress Owner (Owner) of wedding fashion and related items.

You understand and agree that Only Dream Dresses is not a party to any agreements entered into between you and Owner of the item, nor is Only Dream Dresses a fashion broker, agent or insurer.  Only Dream Dresses has no control over the conduct of Dress Owners, borrowers, purchasers, and other users of this website or any fashion items, and disclaims all liability in this regard to the maximum extent permitted by law.

Key Terms

 “Dress Owner (Owner)” means a Registered User who creates a Listing via the Site. 

“Listing” means a fashion item that is listed by a Lender as available for rental or sale via the Site.

“Online Auction” means an event where an Item is sold through a live bidding process.

“Purchaser” means a Registered User who elects to purchase an item via the Site.

“Purchase Price” means the amounts that are due and payable by a Registered User (purchaser) who elects to purchase an item listed for sale by a Dress Owner.

“Registered User” means a person who completes Only Dream Dresses account registration process, including but not limited to Dress Owners (Owners, Borrowers and Purchasers, as described under “Account Registration” below. 

“Registered User Content” means all Content that a Registered User may posts, uploads, publishes, submits or transmits to be made available through the Site or Services.

 “Tax” or “Taxes” means any sales taxes, value added taxes (VAT), goods and services taxes (GST), that Lenders may be required by law to collect and remit to government agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

“Winning Bidder” means person that has made the Winner’s Bid Amount

“Winner’s Bid Amount” means a bid amount that when the auction finishes is the highest amount.

The Online Auction Process

Procedure

1. You may bid in an Online Auction by placing a manual bid.
2. An Online Auction will start at the specified time and at the minimum starting price nominated by the Dress Owner.
3. All bids placed at an Online Auction may only increase by multiples of $50
4. We may close an Online Auction before the scheduled time closing time if:
5. we suspect there is or may be fraudulent or malicious bidding;
6. there are or may be processing or systems errors;
7. there are or may be technological errors or Site failure

Reserve Prices

The Dress Owner may, or we may, nominate a minimum reserve price on an item. If your bid is lower than the reserve price a notification of ‘Reserve not met’ will appear. Once bidding meets or exceeds the reserve price the ‘Reserve not met’ label will be removed and the highest bid for the item will win.

Reserve Price not met at end of Auction

If the reserve price has not been met at the end of the auction, the Dress Owner will be contacted and have the option to take the highest bid.

Conclusion of Online Auction

1. When an Online Auction in which you have participated closes and you are the Winning Bidder, we will notify you of this by email, including the amount of your winning bid and instructions on how to pay.
2. Non-receipt of a Winning Bidder (or any other) email from us will not release you from your obligation to purchase the item.
3. Unless otherwise stated all prices are quoted in Australian dollars.

Technological Errors

Of any errors or delays arise as a result of or in connection with technological difficulties, including technological difficulties associated with our servers, data hosting center, internet service provider or software, we may, acting reasonably:

1. Prior to or after the original time set for conclusion of the Online Auction, extend an Online Auction for a period of time we choose;
2. Prior to or after the original time set for conclusion of the Online Auction, re-open an Online Auction for a period of time we choose;
3. Prior to or during an Online Auction, amend the start price allocated to an item for sale online; and/or
4. Cancel an Online Auction and conduct the auction again

Modification

Only Dream Dresses reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification.

By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

IMPORTANT INFORMATION

You understand and agree

1. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to bid and/or purchase an Item you must first register to create an Only Dream Dresses Account (defined below).
2. Only Dream Dresses makes available an online platform for Dress Owners, Borrowers and Purchasers, to meet online and arrange for the rental or purchase of Items directly with each other.
3. Online Dream Dresses is not an owner or dealer of wedding fashion items, including, but not limited to, dresses, shoes, bags or accessories, nor is it a provider of fashion items, including, but not limited to, dresses, shoes, bags or accessories.
4. Only Dream Dresses does not own, sell, resell, provide, rent, re-rent, manage and/or control fashion items, including, but not limited to, dresses, shoes, bags or Items or postal, courier or other delivery services.
5. When you bid at an Online Auction, you are making an offer to buy the item at your bid price. If your bid price is the Winner’s Bid Amount, you will be the Winning Bidder and must purchase the item and any additional fees and charges.
6. Once your bid is placed at an Online Auction, it cannot be withdrawn.Please make sure you understand the delivery and payment terms of the Item before placing a bid.
7. You must not engage in any form of bid manipulation or betting.

Bidding at Online Auctions

1. When you bid at an Online Auction, you are making an offer to buy the item at your bid price. If your bid price is the Winner’s Bid Amount, you will be the Winning Bidder and must purchase the item and any additional fees and charges.
2. Once your bid is placed at an Online Auction, it cannot be withdrawn.
3. Please make sure you understand the delivery and payment terms of the Item before placing a bid.
4. You must not engage in any form of bid manipulation or betting.

Payment for Online Auctions

1. If you are the Winning Bidder in an Online Auction, you will receive an email with directions on how to pay for the item through the checkout page.
2. The Item must be paid for in full within 24 hours of the auction concluding.
3. If payment for the item is not paid for within this time frame, we will offer the item to the next highest bidder.

Delivery

1. Collection and return of your purchased item is negotiated by you directly with the Dress Owner.
2. Collection and return may occur from the Dress Owners residential address, business address or other address notified to you by the Dress Owner.
3. Collection of your purchased item is negotiated by you directly with the Dress Owner and may occur from the Dress Owners residential address, business address or other address notified to you by the Dress Owner.
4. It is up to you to enter into a courier arrangement with the Dress Owner for the delivery (and return in the case of a Borrower) where it is impractical to collect the item yourself or inconvenient to do so.
5. The Only Dream Dresses site and services are intended to be used to facilitate Dress Owners, Borrowers and Purchasers connecting for the purpose of renting, selling and purchasing items directly from the Dress Owner. Only Dream Dresses cannot and does not control the content contained in any listings and the condition, legality or suitability of any items.
6. Only Dream Dresses is not responsible for and disclaims any and all liability related to any and all listings and items.
7. Any rentals will be entered into at the Borrowers own risk.
8. Any purchases will be entered into at the Purchasers own risk.

Account Registration

1. In order to access certain features of the Site, purchase and/or bid on an item you are required to register via the Site to create an account (“The Only Dream Dresses Account”) and become a Registered User.
2. You may register to join the Services directly via the Registration Page on the Site.
3. We will create your Only Dream Dresses Account and your profile page for your use of the Site based upon the personal information you provide to us.
4. You may only have one (1) active Only Dream Dresses Account. 
5. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
6. Only Dream Dresses reserves the right to suspend or terminate your Only Dream Dresses Account and your access to the Site and Services in the following circumstances:
7. If you create more than one (1) Only Dream Dresses Account, or
8. If any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
9. In the case of Live Auctions, if you register for a Live Auction then your details will be registered with us to use the Service after the Online Auction.

Password

1. You are responsible for safeguarding your password.
2. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Only Dream Dresses Account, whether or not you have authorized such activities or actions.
3. You will immediately notify Only Dream Dresses of any unauthorized use of your account.

No Endorsement

1. Only Dream Dresses does not endorse any Registered User, Lender, or any Item.
2. You understand that Verified Images are intended only to indicate a photographic representation and description of the Item as submitted by the Dress Owner.
3.  Verified Images are therefore not an endorsement nor a confirmation of conditions, quality or true likeness of the item, by Only Dream Dresses of any Registered User, Dress Owner or any Item.
4. Only Dream Dresses may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Borrowers, Dress Owners and other users, however we do not make any representations about, confirm, or endorse any Registered User’s stated identity or background.
5. Any description such as “verified” or the like is not an endorsement, certification or guarantee by Only Dream Dresses about any Registered User, or Dress Owner, including the Registered User or Dress Owner’s identity and whether the Registered User or Dress Owner is trustworthy, safe or suitable.
6. Your decision to interact with any other Registered User is entirely at your own risk and you are required to always exercise due diligence and care when deciding whether to rent or purchase an Item, or to have any other interaction with any other Registered User.

Limitation of Liability

1. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Registered User or other third parties will be limited to a claim against the particular Registered User or Lender or other third parties who caused you harm.
2. You agree not to attempt to impose liability on or seek any legal remedy from Only Dream Dresses with respect to such actions or omissions.
3. Accordingly, we encourage you to communicate directly with other Registered Users or Dress Owners on the Site regarding any rentals or purchases made by you.
4. The risk of loss and title for such purchased items passes between the Dress Owner and the Purchaser. Only Dream Dresses is not a party to such a shipment contract.

Payment Processing Errors

1. We will take steps to rectify any payment processing errors that we become aware of.
2. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount. 

Donations

1. Some Lenders may pledge to donate a portion of the funds they receive from confirmed rentals made via the Site, Application and Services to a particular cause or charity.
2. We do not take any responsibility or liability for whether the Lender does in fact make the donation he or she pledged to make. In such cases, the Lender in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.

User Conduct

1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content.
2. In addition to your compliance with our Website Terms of Use and Privacy:

• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• “stalk” or harass any other user of our Site, Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Only Dream Dresses Borrower;
• register for more than one Only Dream Dresses Account or register for an Only Dream Dresses Account on behalf of an individual other than yourself;
• unless Only Dream Dresses explicitly permits otherwise, request or rent any Item if you will not actually be using the Item yourself;
• contact a Lender for any purpose other than asking a question related to a rental, such Lender’s Items or Listings;
• recruit or otherwise solicit any Lender or other Registered User to join third-party services or websites that are competitive with Only Dream Dresses, without Only Dream Dresses express written approval;
• use the Site, to find a Lender to then complete a rental of an Item independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to Only Dream Dresses provision of the Services or for any other reasons;
• access, tamper with, or use non-public areas of the Site or Services, Only Dream Dresses computer systems, or the technical delivery systems of The Volte’s providers;
• advocate, encourage, or assist any third party in doing any of the foregoing.

1. Only Dream Dresses has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
2. Only Dream Dresses may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to:

• respond to claims asserted against Only Dream Dresses or comply with legal process (for example, subpoenas or warrants),
• enforce or administer our agreements with users, such as these Terms,
• for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or
• protect the rights, property or safety of The Volte, its users, or members of the public.

Only Dream Dresses Content and Registered User Content License

1. Subject to your compliance with the terms and conditions of these Terms, Only Dream Dresses grants you a limited, non-exclusive, non-transferable license, to
2. access and view any Only Dream Dresses Content solely for your personal and non-commercial purposes, and
3. access and view any Registered User Content to which you are permitted access, solely for your personal and non-commercial purposes.
4. You have no right to sublicense the license rights granted in this section.

Suspension, Termination and Only Dream Dresses Account Cancellation

1. Only Dream Dresses may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Only Dream Dresses Account.
2. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you:

(a) your Only Dream Dresses Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your Only Dream Dresses Account, or receive assistance from Only Dream Dresses customer service,

(b) any pending or accepted future rentals will be immediately terminated,

 (d) we may refund you in full for any and all confirmed transactions, irrespective of pre-existing cancellation policies,

(e) we may contact you to inform them about potential alternate Items with other Lenders that may be available on the Site, Application and Services.

You may cancel your Only Dream Dresses Account at any time via the “Cancel Account” feature of the Services or by sending an email.

Disclaimers

1. No advice or information, whether oral or written, obtained from Only Dream Dresses or through the Site or Services, will create any warranty not expressly provided for in these terms.
2. You are solely responsible for all of your communications and interactions with other users of the Site and Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, any Lenders.
3. You understand that Only Dream Dresses does not make any attempt to verify the statements of users of the site or services or to review or verify items.
4. Only Dream Dresses makes no representations or warranties as to the conduct of users of the Site or Services, or their compatibility with any current or future users of the site, or services.
5. You agree to take reasonable precautions in all communications and interactions with other users of the site or services and with other persons with whom you communicate or interact as a result of your use of the site or services, including, but not limited to Lenders, online, offline, or in person, regardless of whether such meetings are organised by or through Only Dream Dresses.
6. Notwithstanding Only Dream Dresses appointment as the limited payment collection agent of the lenders for the purpose of accepting payments from Purchasers on behalf of the Dress Owners, Only Dream Dresses explicitly disclaims all liability for any act or omission of any Purchaser or another third party.

Limitation of Liability

1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site and Services, your rental of any items via the Site and Services, and any contact you have with other users of Only Dream Dresses whether in person or online remains with you.
2. Neither Online Dream Dresses nor any other party involved in creating, producing, or delivering the Site or Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Site or Services.
3. Only Dream Dresses will not be liable for any loss, damage or injury arising from any communications, interactions or meetings with other users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site, or Service, or from your rental of any item via the site, application and services, whether based on warranty, contract, tort (including negligence), or product liability.
4. Except for our obligations to pay amounts to applicable Lenders pursuant to these terms, in no event will Only Dream Dresses aggregate liability arising out of or in connection with these Terms and your use of the Site and Services including, but not limited to, from your rental of any item via the Site and Services, or from the use of or inability to use the Site and Services,  and in connection with any item or interactions with any other Registered User, exceed the amounts you have paid or owe for rentals via the Site and Services as a borrower in the twelve (12) month period prior to the event giving rise to the liability.
5. You agree to release, defend, indemnify, and hold Only Dream Dresses and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
   1. your access to or use of the Site, Services, or Collective Content or your violation of these Terms;
   2. your interaction with any Registered User,
   3. rental of an Item
   4. the use, condition or rental of an Item by you, including but not limited to any injuries, losses, or damages of any kind arising in connection with or as a result of a rental, rental or use of an Item.

Entire Agreement

1. These Terms constitute the entire and exclusive understanding and agreement between Only Dream Dresses and you regarding the Site and Services, and any rentals of Items made via the Site and Services.
2.  These Terms supersede and replace any and all prior oral or written understandings or agreements between Only Dream Dresses and you regarding rentals of Items, the Site, and Services

Assignment

1. You may not assign or transfer these Terms, without Only Dream Dresses prior written consent.
2. Only Dream Dresses may assign or transfer these Terms, at its sole discretion, without restriction.

Controlling Law and Jurisdiction

1. These Terms will be interpreted in accordance with the laws of Australia. Any disputes arising in relation to these Terms will be heard in a Court of Queensland.

Contacting Only Dream Dresses

If you have any questions about these Terms please contact http://hello@onlydreamdresses.com