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Terms & Conditions

These Terms and Conditions set out the entire agreement on which you (the User) contract with Ruby’s for its goods and services. By hiring apparel or contracting for goods/services with Ruby’s, or by accessing and using Ruby’s Luxury Collection (“Ruby’s”) website at www.rubysluxurycollection.com.au, you accept these Terms and Conditions. Ruby’s reserves the right to change these terms and conditions from time to time at its sole discretion.

 

  1. Definitions

1.1 “Ruby’s” (“we”, “our”, “us”) means RCL Corporation Pty Ltd ACN 605 505 968 trading as Ruby’s Luxury Collection (ABN 993 393 86149), its successors and assignors.

1.2 “Services” means the Ruby’s website located at Ruby’s.com.au (the “Site”) and related services including Ruby’s fashion rental services and its content (the “Content”).

1.3 “User” (“client”, “customer”, “you” or “your”) means the User or any person acting on behalf of and with the authority of the User.

1.4 “Apparel” means all Apparel (including handbags, wallets, clothing or any other any fashion item or accessory) supplied on hire by Ruby’s to the User (and where the context so permits shall include any incidental supply of services). The Apparel shall be as described on any invoices or other documentation provided by Ruby’s to the User.

1.5 “Rental Period” means the period that the User booked the Apparel for - starting from the day the Apparel is delivered to the User’s delivery address, expiring on the last day of hire.

1.6 “Rental Price” (“price”) means the cost of the hire of the Apparel as agreed between Ruby’s and the User subject to clause 3 of this contract.

1.7 “Rental Return Due Date” means the date the Apparel is required to be back at Ruby’s. The Rental Return Due Date is the next business day after the last day of the Rental Period, unless otherwise stated by Ruby’s in writing.

1.8 “Dust Bag” means the packaging that the Apparel (Handbags in particular) will be contained in when delivered to the User. The Dust Bag comprises a Cotton bag with drawstring together with protective cardboard box.

 

  1. Acceptance

2.1 Any instructions received by Ruby’s from the User for the hire of Apparel and/or the User’s acceptance of Apparel supplied on hire by Ruby’s shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one User has entered into this agreement, the Users shall be jointly and severally liable for all payments of the due under these Terms.

2.3 Upon acceptance of these terms and conditions by the User the terms and conditions are irrevocable and can only be amended with the written consent of Ruby’s.

 

  1. Price and Payment

3.1 The Price shall be Ruby’s current Price, at the date of delivery of the Apparel, according to Ruby’s current Price list as detailed on Ruby’s website.

3.2 Ruby’s reserves the right to change the Price in the event of a variation to the User’s requirements.

3.3 At Ruby’s sole discretion a deposit may be required. 

3.4 At Ruby’s sole discretion a bond may be required which shall be refunded upon return of the Apparel in a condition acceptable to Ruby’s to be determined at Roby’s sole and unfettered discretion.

3.5 Payment is due before delivery of the Apparel or as otherwise instructed by Ruby from time to time;
3.6 Notwithstanding clause 3.5, In the event an invoice is issued by Ruby’s (i.e. for repair, additional cost not anticipated prior to delivery or any other cost/reason) payment must be made in full within seven (7) days of the date of the invoice.

3.7 Receipt by Ruby’s of any form of payment shall not be deemed to have been made until that form of payment has cleared. 

3.8 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

3.9 All Prices on are denominated in Australian Dollars unless stated otherwise.

 

  1. Rental Period and Late Fees

4.1 Rental period shall commence from when the User receives the Apparel or accepts delivery of the apparel (or a third party nominated by the User) and shall continue until the Apparel returned to Ruby at its nominated address.
4.2 Where Apparel has not been returned to Ruby’s by the Rental Return Due Date then Ruby’s shall be entitled to charge additional hire fees until the Apparel is returned to Ruby’s (“late fees”).  Such late fees shall be calculated proportionally in accordance with the Rental Price. The user will be charged for a full day of hire for each additional day of hire or part thereof.

4.3 If the User has not returned the Apparel within 14 days after the Rental Return Due Date, Ruby’s shall be entitled to charge the User 100% of the Recommended Retail Price (as reasonably determined by Ruby’s) (‘Replacement Charge’). This is in addition to any rental fees, late fees or any other charges. Upon charging the Replacement Charge, the Apparel shall become the property of the User.

4.4 The User expressly and irrevocably authorises Ruby’s to charge/deduct fees referred to in this clause 4, or any other fee/charge or cost payable by the User pursuant to these Terms and Conditions, from the User’s credit card or payment method which was provided, or used, by the User.

4.5 The User acknowledges and agrees that it is will not seek to set off, reverse, undo or cancel any payment or funds transfer made to Ruby’s pursuant to these Terms and Conditions nor will the User cause any bank, credit union or such other financial institution to set off, reverse, undo or cancel any payment or funds transfer on behalf of the User.

 

  1. Delivery of the Apparel

5.1 At Ruby’s sole discretion delivery of the Apparel shall be deemed to have taken place when the Apparel is delivered to the User’s nominated delivery address or the User (or a third party nominated by the User) has accepted delivery of the Apparel.

5.2 Standard delivery fee is $35 for all orders.

5.3 Ruby’s standard delivery method is Express Post, operated by Australia Post (see Australia Post Terms and Conditions). 6.4 Ruby will use its best endeavours to have the Apparel delivered to the User by the next business day after payment for the Order has been received.

5.3 The User shall make all arrangements necessary to take delivery of the Apparel whenever tendered for delivery. In the event that the User is unable to take delivery of the Apparel at the nominated delivery address and for any reason Ruby’s is required to redeliver the Apparel then Ruby’s are entitled to charge a re-delivery fee at a rate up to the cost of the original delivery (but if there was no delivery charge in the first instance, then up to $25.00).
5.4 the User acknowledges that any delivery time or date given by Ruby’s to the User is an estimate only. The User must accept delivery of the Apparel even if the Apparel is delivered within 1 business day of the estimated delivery date.

 

  1. Risk/Insurance

6.1 Ruby’s retains property in the Apparel nonetheless all risk for the Apparel passes to the User on delivery of the Apparel to the User.

6.2 The User accepts full responsibility for the safekeeping of the Apparel.

6.3 The User warrants that it will return the Apparel to Ruby’s in exactly the same state and condition as it were received on delivery, fair wear and tear excepted.

6.4 The User acknowledges and agrees the User will be charged for the full cost of repair, stain removal, apparel replacement, apparel  refurbishment or any other cost, loss or damage which is incurred by Ruby’s, or is required by reason of the User’s breach of any of its obligations in these Terms, but in particular, clause 6.3. Ruby’s shall also be entitled to charge the User for any loss of rental or income that Ruby’s would have received had it not been for the User’s breach of any of its obligations under these Terms.

6.5 If the Apparel gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the User then the User will be liable to pay for replacement of the item. In assessing the replaceable value, Ruby’s will take into account the condition of the Apparel at the time it was provided to the User.

 

  1. Title To Hired Apparel

7.1 The Apparel is and will at all times remain the absolute property of Ruby’s.

7.2 The User irrevocably authorises and permits Ruby’s (or Ruby’s agent) as invitee of the User to enter upon and into the User’s premises/property and retake possession of the Apparel.

 

  1. Defects

8.1 The User acknowledges and agrees that it will inspect the Apparel on delivery and will immediately, within four (4) hours of receipt of the Apparel notify Ruby’s (by phone or email) of any alleged defect,  damage, failure to comply with what was ordered.

 

  1. Returns & Cancellations

9.1 If the User wishes to cancel an order and communicate their intention to do so prior to the Apparel being dispatched to the User, then the User will not incur any fees. If the item has been dispatched, the User will be charged in accordance with the regular charges until the item is returned by the User.

 

  1. User's Responsibilities

10.1 The User shall:

(a) immediately notify Ruby’s of any damage to the Apparel that occurs during the hire period;

(b) keep the Apparel in their own possession and control and shall not assign the benefit of the hire contract nor be grant any lien or charge over the Apparel;

(c) not alter or make any additions to the Apparel or in any other manner interfere with the Apparel nor will the user seek to carry out its own repairs or stain removal.

10.2 The User warrants that it will return the Apparel to Ruby’s in exactly the same state and condition as it were received on delivery, fair wear and tear excepted.

10.3 The User warrants it will return the Dust Bag to Ruby’s. In the event the User does not return the Dust Bag to Ruby’s by the Rental Return Due Date, Ruby’s shall be entitled to charge the User a $5.00 replacement fee.

 

  1. Cancellation

11.1 Ruby’s may without notice to the User, cancel the Contract to hire the Apparel to the User at any time. On giving such notice Ruby’s shall repay to the User the unused portion of any sums paid in respect of the hire of the Apparel.  Ruby’s shall not be liable for any loss or damage howsoever arising from such cancellation in any way whatsoever.

  1. Security and Charge

12.1 In consideration of Ruby’s agreeing to supply Apparel to the User at the user’s request, the User charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the User either now or in the future, to secure the performance by the User of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

12.2 The User hereby indemnifies Ruby’s from and against all loss, damage, cost and expense incurred by Ruby’s by reason of any breach of the User of its obligations set out in these Terms which includes, but is not limited to, administration fees, legal costs (on an indemnity basis), Ruby’s collection agency costs and professional fees, damages, replacement costs or any other expense whatsoever.

12.3 The User hereby hold’s Ruby’s harmless and indemnifies Ruby’s from and against claim, loss, damage, cost and expense incurred or howsoever sustained by the User arising from or related to, directly or indirectly, the hire of the Apparel or of any breach by Ruby’s of its obligations as set out in these Terms, or the exercise of Ruby;s rights pursuant to Clause 7.2 herein.

12.4 The User irrevocably appoints Ruby’s (and each director of Ruby’s as the case may be) as the  User's attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the User's behalf.

 

 

 

  1. Personal Property Securities Act 2009 (“PPSA”)

13.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

13.2 Upon assenting to these terms and conditions in writing the User acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Apparel that has previously been supplied and that will be supplied in the future by Ruby’s to the User. 
13.3 The User undertakes to: 

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Ruby’s may reasonably require to:

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause 13.3(a)(i) or 13.3(a)(ii);

 (b) indemnify, and upon demand reimburse, Ruby’s for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Apparel charged thereby; 

(c) not register a financing change statement in respect of a security interest without the prior written consent of Ruby’s; 
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Apparel in favour of a third party without the prior written consent of Ruby’s.

 13.4 Ruby’s and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions. 

13.5 The User waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 
13.6 The User waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 
13.7 Unless otherwise agreed to in writing by Ruby’s, the User waives their right to receive a verification statement in accordance with section 157 of the PPSA. 

13.8 The User must unconditionally ratify any actions taken by Ruby’s under clauses 13.3 to 13.5. 
13.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.

 

  1. General

14.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. 
14.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of that State.

14.3 Ruby’s shall be under no liability whatsoever to the User for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the User arising out of a breach by Ruby’s of these terms and conditions (alternatively Ruby’s liability shall be limited to damages which under no circumstances shall exceed the Price paid for the hire or purchase of the Apparel).

14.4 Ruby’s reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Ruby’s notifies the User of such change. Except where Ruby’s supplies further Apparel to the User and the User accepts such Apparel, the User shall be under no obligation to accept such changes.

 14.5 The failure or delay by Ruby’s to enforce any of its rights pursuant to these Terms shall not be treated as a waiver of that provision, nor shall it affect Ruby’s right to subsequently enforce that provision.

14.6 These Terms constitute the entire agreement between Ruby’s and the User with respect to the hire of any Apparel from Ruby’s. It sets out the only conduct relied on by the parties and, to the fullest extent permissible by law, supersedes all earlier conduct made or existing between the parties with respect to its subject matter.