Rental and Purchase Agreement
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 PurchaseTerms and Conditions (“Terms”)carefully as they contain important information regarding your legal rights, remedies and obligations.
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 Borrower or Purchaser ) may rent or 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.
“Borrower” means a Registered User who requests from a Lender a rental of a fashion item via the Site or Services.
“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.
“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.
“Rental Fees” means the amounts that are due and payable by a Borrower in exchange for that Borrower’s use of an Item. The Dress Owner alone, and not Only Dream Dresses, determines these amounts. The Dress Owner’s may in their discretion decide to include in these amounts (i) a dry cleaning fee or any other fee permitted on Only Dream Dresses platform.
“Rental Request Period” means the time period starting from the time when a rental is requested by a Borrower (as determined by Only Dream Dresses in its sole discretion), within which a Lender may decide whether to confirm or reject that rental request, as stated on the Site.
“Security Deposits” means a deposit of 15% of the rental fee to help cover any incidental loss or damage to the rented item during the rental period and included in the Total fees to the Borrower.
“Tax” or “Taxes” mean 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.
“Total Fees” means the rental fee plus Security Deposit fee paid by the Borrower for the rental of an item.
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.
You understand and agree
- You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to rent or purchase an Item you must first register to create an Only Dream Dresses Account (defined below).
- 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.
- 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.
- 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.
- Collection and return of your rented item purchased item is negotiated by you directly with the Dress Owner.
- Collection and return may occur from the Dress Owners residential address, business address or other address notified to you by the Dress Owner.
- 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.
- 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.
- 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.
- Only Dream Dresses is not responsible for and disclaims any and all liability related to any and all listings and items.
- Any rentals will be entered into at the Borrowers own risk.
- Any purchases will be entered into at the Purchasers own risk.
- In order to access certain features of the Site and rent an Item, you are required to register via the Site to create an account (“The Only Dream Dresses Account”) and become a Registered User.
- You may register to join the Services directly via the Registration Page on the Site.
- 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.
- You may only have one (1) active Only Dream Dresses Account.
- 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.
- 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:
- if you create more than one (1) Only Dream Dresses Account, or
- if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
- You are responsible for safeguarding your password.
- 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.
- You will immediately notify Only Dream Dresses of any unauthorized use of your account.
- Only Dream Dresses does not endorse any Registered User, Lender, or any Item.
- You understand that Verified Images are intended only to indicate a photographic representation and description of the Item as submitted by the Dress Owner.
- 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 Onwer or any Item.
- 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.
- 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.
- Your decision to interact with any other Registered User is entirely at your own risk 2and 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
- 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.
- 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.
- 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.
- The risk of loss and title for such rented or purchased items passes between the Dress Owner and the Borrower or Purchaser. Only Dream Dresses is not a party to such a shipment contract.
You understand and agree
- You will be required to provide a security deposit to help cover any incidental loss or damage to the rented item during the rental period (the “Security Deposit”).
- The Security Deposit is calculated at 15% of the rental fee and is charged in addition to the rental fee at the time of payment for rental (Total Fees).
- Where a claim for loss of damage is lodged by the Dress Owner, Only Dream Dresses will act as a facilitator between both the Dress Owner and the Borrower to attempt to resolve the issue.
- In accordance with clause ??? the default position is to apportion Security Deposit between the Borrower and the Dress Owner where there is common damage to the item.
BORROWER RENTALS AND FINANCIAL TERMS
- You understand and agree that when you choose to enter into a transaction with a Dress Owner for the rental or purchase of an Item, you will be required to enter into an agreement with the Dress Owner.
- You agree to accept any terms, conditions, rules and restrictions associated with such Item imposed by the Dress Owner.
- The Dress Owner, and not Only Dream Dresses is solely responsible for honouring any confirmed rentals and making available any Items reserved through the Site.
- You acknowledge and agree that Only Dream Dresses acts as the Dress Owner’s payment collection agent for the limited purpose of accepting rental and security deposit payments from you on behalf of the Dress Owner and is not a party to any rental agreement between you and the Dress Owner.
- You acknowledge and agree that with the exception of its payment obligations to the Dress Owner, Only Dream Dresses disclaims all liability arising from or related to any such agreements between you and the Dress Owner.
- Upon your payment of the Total Fees to Only Dream Dresses, your payment obligation to the for the Item Fees is complete, and Only Dream Dresses is responsible for remitting the Item Fees (less Only Dream Dresses Owner Listing fees), to the Dress Owner.
- The Total Fees payable will be displayed to a Borrower before the Borrower sends a rental request to a Dress Owner.
- If a requested rental is cancelled (i.e. not confirmed by the applicable Lender), any amounts collected by Only Dream Dresses will be refunded to the Borrower, depending on the selections the Borrower makes via the Site and Application, and any pre-authorisation of such Borrower’s credit card will be released, if applicable.
- You as a Borrower agree to pay Only Dream Dresses for the Total Fees for any rental requested in connection with your Only Dream Dresses Account if such requested rentals are confirmed by the applicable Lender.
- In order to establish a rental pending the applicable Lender’s confirmation of your requested rental, you understand and agree that Only Dream Dresses, on behalf of the Lender, reserves the right, in its sole discretion, to
- obtain a pre-authorisation via your credit card for the Total Fees or
- (charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card.
- Once Only Dream Dresses receives confirmation of your rental from the applicable Lender, Only Dream Dresses will collect the Total Fees in accordance with these Terms and the pricing terms described in the applicable Listing.
- Please note that Only Dream Dresses is not responsible for any fees that may be charged to a Borrower by his or her bank related to Only Dream Dresses collection of the Total Fees, and Only Dream Dresses disclaims all liability in this regard.
- You agree to pay Only Dream Dresses for any confirmed rentals made in connection with your Only Dream Dresses Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by PayPal or credit card.
- You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the rental, either directly by The Volte or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application.
- You also authorize The Volte to charge your credit card in the event of damage caused to an Item as contemplated under “Damage to Items” below or non-return of an Item.
- In consideration for the use of Only Dream Dresses online marketplace and platform, Only Dream Dresses charges Service Fees (see insert link to fees).
- Where applicable, Taxes (such as VAT in Europe or GST in Australia) may also be charged in respect of the Lender Fees and Borrower Fees.
- The Borrower Fees are included in the Total Fees.
- Service Fees are non-refundable.
- If you cancel your requested rental before the requested rental is confirmed by a Lender, Only Dream Dresses will cancel any pre-authorisation to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested rental within a commercially reasonable time.
- If you wish to cancel a confirmed rental made via the Site, Application and Services, either prior to or after receiving the Item, the cancellation policy of the Lender contained in the applicable Listing will apply to such cancellation.
- Our ability to refund the Rental Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy.
- Details regarding refunds and cancellation policies are available via the Site.
- The Borrower Fee is non-refundable regardless of the cancellation policy selected by the Lender.
- In certain circumstances, Only Dream Dresses may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed rental made via the Site and Services.
- This may be for reasons described under the heading Extenuating Circumstances at or for any other reason.
- Only Dream Dresses may also determine, in its sole discretion, to refund to the Borrower part or all of the amounts charged to the Borrower in accordance with the Borrower Refund Policy described below.
- You agree that Only Dream Dresses or the Lender will not have any liability for such cancellations or refunds.
- It is expected that Items on Only Dream Dresses platform should be consistent with the description provided by the Lender.
- However a Borrower who books and pays for an Item and then experiences a ‘Borrowing Issue’, may be eligible for a refund.
- Only Dream Dresses may (at our discretion) provide the Borrower with either a full or partial refund excluding any shipping costs, administration fees and processing fees.
- A valid ‘Borrowing Issue‘ generally falls into three categories:
- The Lender cancels a reservation 24 hours or less before the scheduled arrival of the Item, or fails to provide the Borrower with the Item.
- The description of the Item in the Listing on Only Dream Dresses is materially different from the actual Item. You understand and agree that Items are potentially pre-worn and are not rented on an as-new basis. Some minor wear and tear may not be listed in the description but cannot be used as a basis to provide a refund under this policy.
- At the start of the Borrower’s reservation, the Item:
(I) is not generally clean and sanitary, and/ or
(ii) contains safety or health hazards that would be reasonably expected to adversely affect the Borrower’s use of the Item in Only Dream Dresses judgment.
- To submit a valid claim for a refund, a Borrower is required
(a) to bring the Borrowing Issue to our attention within 2 hours after receipt of the item (including photographs or other evidence) and respond to our requests for information or cooperation,
(b) not have directly or indirectly caused the Borrowing Issue and
(c) to have used reasonable efforts to try to remedy the circumstances of the Borrowing Issue with the Lender prior to making a claim for a Borrowing Issue.
- Only Dream Dresses may, in its sole discretion, round up or round down amounts that are payable from or to Borrowers or Lenders to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Only Dream Dresses will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
- Some currencies are denominated in large numbers. In those cases, Only Dream Dresses may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Only Dream Dresses to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
- We will take steps to rectify any payment processing errors that we become aware of.
- 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.
- 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.
- 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.
Damage to Items and Failure to Return Items
- You understand and agree that as a Borrower, you are responsible for returning the Item in the condition it was in when you received it.
- You acknowledge and agree that, as a Borrower, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you allow to access the Item.
- In the event that a Lender claims otherwise and may provide evidence of damage or non-return, including but not limited to photographs, you agree to pay the Lender the Recommended Retail Price as contained in the relevant Listing or the relevant repair costs if applicable.
- After being notified of the claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Only Dream Dresses Account.
- Only Dream Dresses also reserves the right to charge the credit card on file in your Only Dream Dresses Account, or otherwise collect payment from you and pursue any avenues available to Only Dream Dresses in this regard, in situations in which you have been determined, in Only Dream Dresses sole discretion, to have damaged any Item, or failed to return any Item, including, but not limited to, in relation to any payments made by Only Dream Dresses to Lenders.
- If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Item to the applicable Lender or to Only Dream Dresses (if applicable).
- You agree to cooperate with and assist Only Dream Dresses in good faith, and to provide Only Dream Dresses with such information and take such actions as may be reasonably requested by Only Dream Dresses, in connection with any complaints or claims made by Lenders relating to Items or with respect to any investigation undertaken by Only Dream Dresses regarding use or abuse of the Site or the Services.
- 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.
- 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.
- Only Dream Dresses has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
- 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
- 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
- access and view any Only Dream Dresses Content solely for your personal and non-commercial purposes, and
- access and view any Registered User Content to which you are permitted access, solely for your personal and non-commercial purposes.
- You have no right to sublicense the license rights granted in this section.
Suspension, Termination and Only Dream Dresses Account Cancellation
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Notwithstanding Only Dream Dresses appointment as the limited payment collection agent of the lenders for the purpose of accepting payments from Borrowers on behalf of the Lenders, Only Dream Dresses explicitly disclaims all liability for any act or omission of any Borrower or another third party.
Limitation of Liability
- 100.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.
- 101.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.
- 102.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.
- 103.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.
- 104.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
- your access to or use of the Site, Services, or Collective Content or your violation of these Terms;
- your interaction with any Registered User,
- rental of an Item
- 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.
- 105.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.
- 106. 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
- 107.You may not assign or transfer these Terms, without Only Dream Dresses prior written consent.
- 108.Only Dream Dresses may assign or transfer these Terms, at its sole discretion, without restriction.
Controlling Law and Jurisdiction
- 109.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, please contact us at email@example.com, we endeavour to respond to all inquiries within three business days.