TERMS AND CONDITIONS
1.1 This website (www.smallsmarts.com.au) is owned and operated by Small Smarts (the “Website”).
1.2 In these Terms and Conditions “we”, “us” or “our” means Small Smarts (ABN 82 926 781 576) and “you” means the Customer identified on the Order.
1.3 “Order” means an order to purchase or hire garments and accessories available through the Website.
1.4 Access to and use of this Website and the goods and services available through this Website (collectively, the “Services”) are subject to the following terms and conditions (the “Terms and Conditions”). By using the Services, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time.
2. Consumer Rights Statement
Your rights under these Terms and Conditions are in addition to your rights as a consumer under consumer protection legislation, including the Australian Consumer Law (“ACL”). These Terms and Conditions do not exclude, restrict or modify your rights in relation to the applicable, non-excludable consumer guarantees under the ACL.
3. Postage & Delivery
3.1 We use Australia Post Express delivery and charge a flat rate of $12.55 per delivery date.
3.2 We will use commercially reasonable efforts to deliver your Order to you as quickly as possible and within any time periods indicated; however, any estimated delivery time or date given by us is indicative only. You are not relieved of any obligation to accept or pay for an Order because of any delay in delivery. We will not be liable for any loss or damage incurred by you as a result of the late delivery of your Order by Australia Post or other causes outside our control.
3.3 If we become aware of any event likely to affect delivery, we will contact you and take all reasonable steps to minimise the delay.
3.4 We recommend that you use a secure shipping address. Once your Order has been delivered to your nominated address you bear all responsibility for the garments. If you have opted to have your Order delivered to your work address or mailroom, responsibility for the garments passes to you as soon as the mailroom signs the delivery receipt. We do not accept any responsibility for the Orders left unattended at unsecure shipping addresses.
3.5 In the event that you are unable to accept delivery of the Order at the delivery location, it may be taken back to the delivery depot or Post Office for collection by you. If we are required to re-deliver your Order, you agree that we may charge you a reasonable fee for redelivery of the Order.
If you think that there is a fault with the garments you have received or other problem with your Order, please let us know within 8 hours of receiving your Order by contacting our Customer Care Team at firstname.lastname@example.org or on 0437144480. Please include as many details as possible about the Order and the problem.
5.1 In order to contract with Small Smarts you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any Order in our discretion.
5.2 By clicking ‘I accept’ at the checkout on the Website, you confirm that all of the details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the garments. You also consent to receive an invitation to review your order.
5.3 When you place an Order, you will receive an acknowledgement e-mail confirming receipt of your Order. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us for the hire and/or purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.
5.4 In order to protect you and Small Smarts from fraudulent transactions, we may provide your transaction-related information to a reputable third party organisation to verify your address. Address verification is intended to ensure that the “bill to” address that you provide matches your credit card address. We also reserve the right, at our discretion, not to ship Orders to certain addresses. In the event that we choose not to ship an Order, you will be notified by email and any amount charged to your credit card will be refunded in full.
6. Price / Availability
6.1 All prices listed on this website are in Australian dollars and all charges will be processed in Australian dollars.
6.2 While we try to ensure that all details, descriptions and prices on the Website are accurate, errors may occur. If we discover an error in the rental or purchase price of any garment which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you opt to cancel the Order as a result of a price change, and you have already paid for the goods, you will receive a full refund.
7. Rental Period & Care and Handling
7.1 The rental period starts on the day on which the Order is delivered to your address (as evidence by the delivery receipt) and ends on the day the garment(s) are returned to us by post (as evidenced by the postmark on the returning parcel) using the pre-paid return satchel provided by us (“Rental Period”).
7.2 The pre-paid return satchel must be posted no later than 4pm on the last day of the Rental Period.
7.3 The pre-paid return satchel must be submitted to any Australia Post counter, and not left in an Australia Post box, to ensure the return satchel is properly tracked.
7.4 If you lose the pre-paid return satchel, you must return the garments via trackable Express Post and you must provide tracking details to email@example.com in order to avoid further rental charges.
7.5 During the Rental Period, you are responsible for any loss or destruction of the garments or any damage (other than normal wear and tear) to the garments, including but not limited to major stains and rips. Normal wear and tear includes minor stains which are able be removed by dry cleaning, small seam rips, missing beads and sequins and stuck zippers, at our discretion.
7.6 You may not make any alterations or additions to the garments.
7.7 Ownership and title in the garments remains with Small Smarts for the duration of the Rental Period and any extension.
7.8 Garments hired under the 2 day advance try on service are hired for the purpose of trying on only. You acknowledge that these garments must not be worn for any other purpose and if the security tag is removed you will be charged the full 4 day rental fee (minus the rental amount already paid).
8. Late Fees
8.1 If you fail to return the garments on time (within the Rental Period stated on the Order Confirmation) or the garments are returned with irreversible damage, you agree that:
(a) for every day your return is late (except Sundays or Australian Public Holidays in your State or Territory), you will be charged an additional hire fee of $25 per day per garment up to 150% of the full retail price of the garments as listed on the Website (“Maximum Late Fee”);
(b) if you have not returned the garments within 15 days of the expected return date, we may consider the garments as non-returnable and you will be required to pay the Maximum Late Fee for the garments (minus the rental amounts and late fees already paid); and
(c) if the garments are returned with irreversible damage, you will have to pay the full retail price of the garments as listed on the Website (minus the rental amounts already paid).
8.2 You hereby expressly authorise us to deduct the amount calculated under clause 8.1 from the credit card you used to place the Order in the event that you fail to return the garments on time or the garments are returned with irreversible damage.
9. Cancelling your order, sizing issues and returns
9.1 You may cancel your Order up to seven (7) days before the estimated delivery date of the Order subject to the following:
(a) if you cancel your Order thirty (30) days or more in advance of its estimated delivery date, we will provide you with a credit note or a full refund, at your election;
(b) if you cancel your Order less than thirty (30) days in advance of its estimated delivery date, we will provide you with a credit note that you can use on future orders within the following twelve (12) months; and
(c) if you cancel your Order less than seven (7) days prior to its estimated delivery date, no refund will be provided.
9.2 Your cancellation request must be made in writing to firstname.lastname@example.org. Please include your Order number and any other relevant details with your request.
9.3 If a garment does not fit your child, we will provide you with a credit note (minus delivery charges) provided you return it in an unworn state within 24 hours of receiving the Order with the security tag attached. A credit note will only be issued if all of the sizes of the garment in question are returned unworn with the security tags attached.
9.4 Your return request must be made in writing to email@example.com. Please include your Order number and a request for a credit note.
10. Indemnity and Recovery Costs
10.1 You agree to indemnify, defend and hold harmless Small Smarts, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising, directly or indirectly, from your use of this Website, your breach of these Terms and Conditions, or any negligent act or omission by you.
10.2 You agree that you will pay all costs and expenses incurred by us, our advisers, mercantile agents and/or any other person, in respect of any action instituted or considered by us against you, whether for debt, possession of garments or otherwise.
11. Limitation of Liability
11.1 We dry-clean and inspect all of our garments with the upmost of care prior to delivery. You acknowledge that our garments may have been worn by other consumers before being included in your Order and that your use of our garments is at your own risk.
11.2 In no case shall Small Smarts, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, loss of goodwill, loss of business reputation, future reputation or publicity, loss of use, loss of interest, damage to credit rating, or loss or denial of opportunity, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use the Service or any garments procured using the Service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
If required by us, by way of guarantee, you authorise us to charge your credit card an amount equal to the retail price (as stated on the Website) of the garments ordered.
13. Intellectual Property
13.1 The intellectual property rights in all software and content made available to you on or through this Website remains the property of Small Smarts or its licensors and are protected by copyright law. All such rights are reserved by Small Smarts and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
13.2 Small Smarts™ is a trade mark belonging to Small Smarts. No licence or consent is granted to you to use the mark in any way, and you agree not to use the mark or any mark that is similar to it without the written permission of Small Smarts.
14. User Generated Content
14.1 The following terms and conditions apply to any content that you submit to the Website:
(a) you confirm that you own all of the content and information you post on the Website;
(b) you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any IP content that you post on or in connection with the Website (“IP Licence”). This includes, for example and without limitation, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed;
(c) you agree that we may also share your contribution with trusted third parties;
(d) you warrant that any content that you submit will not:
(i) infringe any third party intellectual property rights; or
(ii) be nasty, harmful, threatening or violent, harassing, abusive, bullying, indecent, offensive, hateful, inflammatory, defamatory, discriminatory, sexually explicit, unlawful, profane, untrue, false or misleading, spammy (including advertising external businesses or services).
14.2 This IP Licence ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. You also acknowledge that we are not obliged to publish any material submitted by you on the Website or any other publication controlled by us.
14.3 By submitting any material to us, you agree to comply with these Terms and Conditions. If you do not want to grant us the permission set out above on these terms, please do not submit or share your contribution on the Website.
14.4 We reserve the right to delete any contribution, or take action against any Small Smarts’ account, at any time, for any reason.
15. Third Party Products and Services
Links to third party content and advertisements (including banner ads containing embedded hyperlinks) may be present on the Website. These links are only provided as a convenience and their presence on the Website in no way constitute an endorsement, recommendation or approval by Small Smarts of any user, customer or third party or any of their products, services, or websites. Some third party advertisements may contain statements or offers by the third party advertiser which can be accepted by linking to the advertiser’s website and following the relevant prompts. Such offers are not made by Small Smarts, and Small Smarts is not responsible to you for the goods or services you purchase on the third party website.
16. Links Policy
16.1 You may link to this Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
16.2 You must not establish a link from any website that is not owned by you.
16.3 This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
17. Privacy and Credit Information
You agree that we may, to the extent permitted by law:
(a) obtain information about your commercial credit activities from a credit reporting agency that provides information about the commercial credit worthiness of persons;
(b) obtain a consumer credit report from a credit reporting agency:
(i) to assess your creditworthiness;
(ii) to notify other credit providers of a default by you;
(iii) to exchange information with other credit providers as to the status of this credit account, where you are in default with other credit providers.
(c) at any time (including before and after any provision of credit to you), give a credit reporting agency certain personal information about you as authorised by law, including (as applicable):
(i) permitted identity details;
(ii) that you have applied for credit and the amount;
(iii) details of any overdue accounts and/or outstanding monies owing;
(iv) any other information authorised by law.
18. Force Majeure
18.1 No party is liable for any failure to perform or delay in performing its obligations under these Terms and Conditions if that failure or delay is due to a Force Majeure Event. If that failure or delay exceeds 30 days, the other party may terminate the agreement with immediate effect by giving written notice to the other party. This clause does not apply to any obligation to pay money.
18.2 For the purposes of this clause “Force Majeure Event” means any failure of delay in the performance of a parties’ obligations under these Terms and Conditions as a result of a national strike, lockout, work stoppage, labour dispute, material storage, utility outage, fire, flood, earthquake, severe weather, act of God, act of war, act of terror, condition caused by national emergency, new or changed Law, or any other act or cause beyond the reasonable control and without fault of the delayed party, and whether affecting that party or its agents, subcontractors, dealer or suppliers, for as long as such circumstances prevail.
In the event that any provision or part of these Terms and Conditions is held to be invalid, unenforceable or illegal for any reason, then that provision or part, as the case may be, shall be deemed to be deleted from these Terms and Conditions and these Terms and Conditions shall otherwise remain in full force and effect.
20. Whole Agreement
These Terms and Conditions together with the Order Confirmation constitute the whole agreement between the parties concerning the Services. They replace any prior agreement, arrangement or understanding concerning the Services.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions. Any waiver of any provision of the Terms and Conditions Service will be effective only if in writing and signed by us.
These Terms and Conditions are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.
Version: 10 August 2018