Terms & Conditions
1. Application of Terms & Conditions
(a) The Site is owned and operated by Tanya Ellis.
(b) These terms and conditions together with the Privacy Policy govern the relationship between us and any individual using or accessing the Site and any of the content or services available through it as a customer.
(c) The terms and conditions constitute a legally binding agreement between S and I Styling by Tanya and you. By accepting these terms and conditions you acknowledge that you agree to and are subject to these terms and conditions as well as our Privacy Policy.
(d) S and I Styling by Tanya does not authorise anyone to register with the Site unless they are able to enter into legally binding contracts and are over the age of 18.
(e) The Customer’s failure to make payments for Stolen, Lost or Damaged Accessories will warrant S and I Styling by Tanya to notify the police of Debt Collector to prosecute and/or recover the owing amount.
(f) We may revise these terms and conditions at any time by posting an updated version to the Site.
2. Billing
(a) Payment must be in the form of one of the following options:
(i) Mastercard;
(ii) Visa; or
(iii) Stripe.
(b) You are required and warrant that you have provided S and I Styling by Tanya with accurate, complete and current credit card information for a valid credit card that you are authorised to use. By signing up for the Service, you authorise S and I Styling by Tanya or its agent to bill your credit card the applicable fees, per-item or borrowing fees, shipping charges, all applicable taxes and any other charges you may incur in connection with your use of the Website.
(c) The Customer must upload a valid copy of their photographic identification before S and I Styling by Tanya will post the Accessory.
(d) The applicable fees will be charged to your credit card or Stripe account on the date your purchase is made.
(e) You are solely responsible for any and all fees charged to your credit card by the issuer, bank or financial institution, including but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. if you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
(f) We may modify the price, content or nature of the services provided at any time. We may provide notice of any such changes by email, notice to you or by publishing them on the site.
3. S and I Styling by Tanya Service
(a) S and I Styling by Tanya keeps all Accessories in perfect, new or near new condition. If you receive an Accessory that does not meet your expectations, please contact S and I Styling by Tanya on the Delivery Date.
(b) We reserve the right to limit the number of items that a Customer may borrow at any time. A Customer may be contacted directly before S and I Styling by Tanya accept the order if 3 or more bags are required at one time.
(c) Delivery times for an Accessory that you have selected to borrow may vary based upon inventory availability, your delivery address, when you place an order and other circumstances impacting delivery. Accordingly, S and I Styling by Tanya makes no guarantees as to actual delivery time.
(d) The risk of loss for items shipped passes to you upon our delivery to the carrier.
(e) This service is limited to deliveries within Australia and any payment must be made in Australian dollars.
4. Delivery and Return
(a) S and I Styling by Tanya will deliver via Express Post through Australian Post. Please contact Australia Post for conditions of express post including delivery locations and times.
S and I Styling by Tanya will post the Accessory by 5 pm AEST (Australian Eastern Standard Time) on the day before the Hire Period begins.
(b) If Australia Post does not deliver the Accessory in time and S and I Styling by Tanya posted before the cut off time, S and I Styling by Tanya is not obligated to issue a refund to the Customer.
(c) A tracking number will be provided to the Customer to track.
(d) The Accessory cannot be left unattended and must be picked up and signed for by the Customer at the Post Office specified by the Courier.
(e) Return Date takes effect as soon as the Customer has lodged the Accessory. For example, if the Customer receives the Accessory on Thursday and has hired the Accessory for 4 days, the Return Date is Monday.
(f) The Customer has a responsibility to re-package the Accessory in accordance with S and I Styling by Tanya instructions to ensure that it is protected subject to minimal damage and is returned the way it arrived. The Customer will be liable for any damage caused during transit if it was not packed/protected in accordance with S and I Styling by Tanya packing instructions.
(g) The Customer must provide the tracking number to S and I Styling by Tanya to show proof of lodgement.
(h) The agreement for hire and Hire Period will cease the moment that the Accessory is received by S and I Styling by Tanya. The Customer no longer has any responsibility or liability over the Accessory after the Accessory is received.
(i) The Customer is liable if the wrong postal address is provided and the Accessory is consequently damaged, lost or stolen.
(j) The Customer is liable if the Accessory is lost by Australia Post if they have not followed the procedure for return (i.e. providing a tracking number). If the Accessory is lost by Australia Post due to no fault of the Customer (whether on return or delivery), the Customer will waived of any responsibility.
(g) If your Accessory is not returned on the due return date agreed when the agreement for hire was made, S and I Styling by Tanya will charge your credit card for each overdue day at a rate of $50 per day which the Customer acknowledges and agrees is a reasonable estimate of the anticipated loss that S and I Styling by Tanya will suffer by reason of cancellation. S and I Styling by Tanya will send a reminder via email if the Accessory is not received within 24 hours of the Return Date.
(k) Local pick up in the greater Launceston area is available by appointment with S and I Styling by Tanya. The Customer must confirm at the time of collection if the Accessory will be returned by post or drop off.
5. Cancellation: Costs and Refunds
(a) Any cancellations must be made by the Customer 48 hours prior to the Dispatch Date.
(b) Subject to clause 5(c), where cancellations are made less than 48 hours prior to the Dispatch Date, the agreement of hire will continue to be in effect until the Return Date. The Customer will be bound by the terms and conditions and its obligations and may use the Accessory as per the agreement for hire.
(c) If your cancellation is made less than 48 hours prior to the Dispatch Date and S and I Styling by Tanya is able to hire the Accessory to another Customer during your requested period, you will only be charged a $50 fee that anticipates the loss that S and I Styling by Tanya will suffer by reason of the late cancellation.
6. Damage
(a) If an Accessory is received damaged by the Customer, the Customer must immediately notify S and I Styling by Tanya. The Customer will not be liable for damage incurred during shipping but if the Customer fails to notify S and I Styling by Tanya of the damage immediately on receiving the Accessory it will be treated as damage caused while in the care of the Customer and the below clauses will apply.
(b) If a product is returned in a damaged or dirty condition that is beyond reasonable wear and tear, as determined by S and I Styling by Tanya in its sole discretion, you agree that S and I Styling by Tanya may invoice you for the full cost of replacing the product as well as charge you the full amount of any lost earnings or incurred costs resulting from the damage. The product replacement fee will vary depending on the specifics of each item and its amount to the full discretion of S and I Styling by Tanya.
(c) By accepting these terms and conditions you authorise S and I Styling by Tanya to charge and bill you for the cost of fixing the Accessory and subsequently withdraw the amount from your credit card or take any necessary action without any further notice.
(d) Under no circumstances is a customer to attempt to clean any Accessory themselves by any means (including professional dry cleaning). If done so, S and I Styling by Tanya reserves the right to invoice for part or full replacement value of the items and charge you the full amount of any potential lost earnings or incurred costs.
7. Stolen or Lost Accessories
(a) If the Customer or any third party has stolen, lost or has not returned the Accessory, S and I Styling by Tanya will withdraw the full value (value appraised by S and I Styling by Tanya’s insurer) of the Accessory from the Customer’s Payment Card.
(b) The Customer is liable if the Accessory is not returned in the same condition that it was received. This includes but is not limited to the Accessory and the original dust bag the Accessory comes in. If the Customer returns the Accessory with no dust bag or box, the client will be liable for the cost of the Accessory’s original dust bag/box.
(c) S and I Styling by Tanya reports all thefts to the police and if deemed necessary, S and I Styling by Tanya will provide the Customer’s information to the police and/or Debt Collector for prosecution or legal action.
(d) If the Customer can locate and return the Accessory after it has been stolen or lost, the Customer will be refunded the full value of the Accessory provided that S and I Styling by Tanya is satisfied (acting reasonably) that the following is evident:
(i) The Accessory has not been damaged in anyway
(ii) The Accessory has been authenticated and proves to be the same item.
(e) The Customer be charged a fee of $50 per day for every late day after the return date for a stolen or lost accessory until S and I Styling by Tanya has been able to replace the Accessory (which they will arrange as soon as reasonably practicable) or received the original Accessory.
(f) If the Accessory is returned but is damaged, S and I Styling by Tanya will charge the Customer for the damage in accordance with clause 6.
8. Our commitment to you
(a) Subject to the terms and conditions, S and I Styling has the following obligations to the Customer:
(i) To process all agreement of hire in a timely manner;
(ii) To provide the Customer with the goods promised;
(iii) To ensure that the Customer receives the Accessory by the time the Hire Period takes effect;
(iv) To not mislead or decive the Customer in any way; and
(v) To make all attempts to contact the Customer (i.e. mobile, SMS, email and/or letter) when the Accessory has not been returned before releasing the Customer’s details to their insurer or police.
(b) S and I Styling by Tanya has the right to refuse service to anyone who does not agree to the terms or conditions or fails to provide the necessary security and contact details or has been reported to be a a scammer by other parties with proof.
9. Customer’s Obligations and Indemnity
(a) Subject to the Terms and Conditions, the Customer has the following obligations to S and I Styling by Tanya and the Accessory:
(i) To ensure that the Accessory is not damaged or stolen by themselves or a Third Party;
(ii) to return the Accessory by the agreed Return Date;
(iii) To not transfer possession of the Accessory to a Third Party;
(iv) To notify S and I Styling by Tanya and make a police report if the Accessory has
been stolen;
(v) To pay all charges (including any late fees) that they have incurred in a timely manner as set out in these Terms and Conditions; and
(vi) Responsible for ensuring that they have booked the correct dates.
(b) The Customer agrees to indemnify and not hold S and I Styling by Tanya and any of its partners, employees, subsidiaries and affiliates accountable for any loss, liability or claim arising out of the agreement of hire.
(a) Miscellaneous
These terms and conditions, and the relationship between you and us are governed by and construed in accordance with the laws in force in Tasmania, and you submit to the non-exclusive jurisdiction of the courts in that State.
(b) These terms and conditions and the Privacy Policy contain the entire agreement between us and you.
(c) We recommend that you save your own copy of these terms and conditions in a separate file on your device or in print-out form.
(d) Our failure to act with respect to a breach of these terms and conditions does not waive our right to act with respect to subsequent or similar breaches.
(e) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these terms and conditions.
(f) The invalidity of one or more provisions of these terms and conditions do not affect the validity of the other provisions.
10. Defined Terms
Accessory (“accessories”) means the goods supplied by S and I Styling by Tanya to the Customer.
Additional Daily Fee means the cost of any additional day with the Hire Period.
Business Day means any day of the week excluding Saturday, Sunday and Australian public holidays.
Customer (“you”, “user”, “your”, “client”) means the person hiring the Accessory supplied by S and I Styling by Tanya
Damage (“damages”, “damaged”) means any damage including, but not limited to a stain, mark, tear, discolouration/changes to original colour, faultiness caused to the Accessory during the Hire Period.
Debt Collectors means any insurer or solicitor/barrister which S and I Styling by Tanya has retained to collect any outstanding fees owed by the Customer.
Delivery Date means the date in which the courier makes or attempts to make the delivery of the Accessory to the Customer.
Dispatch Date means the date the Accessory has been sent to S and I Styling by Tanya to the Customer via courier.
Hire Fee means the cost to hire the Accessory for the Hire Period.
Hire Period means the duration between the Delivery Date and Return Date.
Payment/Payment Card means Mastercard, Visa and Stripe.
Privacy Policy means the privacy policy available and published on the Site.
Return Date means the date in which the Customer must lodge the delivery of the Accessory with Australian Post by. It also means the date in which the Customer must provide S and I Styling by Tanya a tracking number to show proof of lodgement.
Site means www.sandistyling.com.au.
S and I Styling by Tanya (“Tanya Ellis”, “we”, “us” or “our”) means Tanya Ellis (ABN 97 250 890 924).