RENTAL TERMS & CONDTIONS
  1. INTRODUCTION

1.1 These terms and conditions govern the relationship between the customer (hereinafter referred to as “you” or “your“) and Thoulla Figueiredo in her capacity as a sole proprietor trading under the name and style The Closet Collective, situated at 24 Portico Place, Senderwood (the “Studio”) (hereinafter referred to as “we“, “us” or “our“) regarding the rental of dresses and related accessories (“Products“) from our website.

1.2 Please read these terms carefully before using our service. If you do not agree to the terms of this Agreement, you may not use our service.

  1. RISK

You are responsible for any loss or damage to the Products while it is in your possession, including but not limited to stains, tears, or other damage etc.  If the Products are lost, stolen, or damaged beyond repair, you will be charged the full replacement cost of the Products.

  1. ORDERS

To place an order, you must select the Products you wish to hire and provide us with your contact information, event details, and payment information. By submitting an order, you agree to pay the rental fee and any applicable fees or taxes.

RENTAL TERM, LATE RETURN FEES & RETURNS

31. The Products are rented for a maximum period of 4 (four) days, unless agreed otherwise in writing between you and us. The rental period may be extended upon request and subject to availability, and additional rental fees will apply.

3.2 All Products are to be collected from the Studio at a date and time stipulated by us in writing.

3.3 Should you fail to return the Products at the expiry of the rental period, you agree to pay a late return fee amounting to 25% of the total quoted rental fee for each day the Product is returned late, which late return fee will be charged to your credit card or deducted from your deposit (if applicable).

3.4 Products must be returned by you to the Studio during operating hours. Our operating hours and availability will be communicated to clients when a fitting booking is made.

3.5 The drop off point for the Products will be at security if we are unavailable. This will be communicated to you during these operating hours. This will be communicated to you in advance by us in writing.

  1. PRODUCT AVAILABILITY

All Products are subject to availability. In the event that the Products you have selected is not available, we will contact you to offer alternative Products or a refund (if payment has already been made).

  1. RENTAL FEE AND PAYMENT

5.1 Products can only be booked and reserved upon full payment of the total quoted rental fee together with the deposit (if applicable).

5.2 Payment of the rental fee and deposit may be made via cash, Visa, MasterCard or American Express Cards or by bank transfer into The Closet Collective bank account, the details of which will be provided on request. We reserve the right to determine the method of payment at any given time.

5.3 You certify that you are authorised to use this credit card/account and you agree not to dispute the payment with your provider if we fulfil our responsibility in providing the Products.

5.4 You also authorise us to charge against your credit card and/or deduct from any deposit received for any additional fees as outlined in this Agreement such as e.g. full retail replacement fees, late return fees, cleaning fees, or damage fees.

5.5 Payment is due as per the terms of our quotation.

5.6 We may ask you to either pay a deposit to cover any possible such as late fees, cleaning fees, or damage fees, or to provide credit card details to keep in case we need to charge these fees to you. If you have provided us with your credit card details then you authorise us to debit your card with any late fees, cleaning fees, replacement fees or damage fees.

5.7 We reserve the right to take all steps necessary to recoup any amounts owing as per this Agreement, including the use of debt collection agencies and taking legal action. Should you breach this agreement, you agree to be liable for all such costs and to pay such legal costs on an attorney and own client scale basis notwithstanding if legal action has been instituted or not.

  1. USE OF PRODUCTS

6.1 You will treat the Products with the highest standard of care.

6.2 You will not sub-hire the Products.

6.3 You will ensure that the Products always remain under your possession and control.

6.4 You will not in any way alter (temporarily or permanently) the Products in any manner without our prior consent in writing.

6.5 You will return the Products on the expiry of the rental period in the same condition as when received.

6.6 You will inspect all Products and it is your obligation and duty to report to us immediately upon taking possession of the Products if there is any damage, defect or wear and tear of whatsoever nature to the Products. Furthermore, upon taking possession of the Products you will immediately ensure that the Products fits accordingly and are of the correct size, colour etc. before you leave the Studio with the Products.

6.7 We have the right, to be exercised in our sole discretion, to charge you the full retail replacement cost of any of the Products which are (i) not returned within 10 (ten) days of the end of the rental period, unless we have agreed to an extension of the rental period in writing and you have paid the additional rental fee for such extension; or (ii) lost, stolen, or damaged beyond repair.

6.8. We have the right, to be exercised in our sole discretion, to charge you (where applicable):

6.8.1 late rental fees;

6.8.2 cleaning fees;

6.8.3 damage repair fees; and

6.8.4 a reasonable administration fee if any full retail replacement fee is charged.

  1. WARRANTIES AND REPRESENTATION

We do not give you any warranty (express or implied) or make any representation in relation to the Products. You rent the Products completely at your own risk.

  1. LIMITATION OF LIABILITY

We are not liable for any damages or losses, whether direct or indirect, arising out of or in connection with the rental of our Products and/or accessing our website(s) and/or social media pages. You accordingly agree to indemnify us and hold us harmless for any damages and/or losses, of any nature whatsoever, that you may incur as a result of renting our Products and/or accessing our websites(s) and/or social media pages.

  1. INTELLECTUAL PROPERTY

All intellectual property rights in the Products, our website(s), social media pages, and any content on our website(s) and social media pages are owned by us.

  1. GENERAL

10.1 This Agreement is the entire agreement between the parties regarding the matters contained herein and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded by the Parties except as provided for herein.

10.2 All of the provisions of this Agreement shall be severable and no provision shall be affected by the invalidity of any other provision of this agreement. If any part or portion of this Agreement has been deemed to have been struck out and/or be declared a prohibited practice or the like in terms of the Competition Act, the Consumer Protection Act, the National Credit Act or other legislation, the effect of which is to adversely affect the rights of us to receive payment of any nature or enforce its rights, the parties will favour an interpretation placing them substantially in the same position as they were before or as similar to that as possible.

10.3 No extension, latitude or other indulgence will in any circumstance be taken to be understood as implied consent or an election by the party or will operate as a waiver or otherwise affect any party’s rights in terms of this Agreement. It shall further not stop or prevent any party from enforcing, strict and punctual compliance with each and every provision or term hereof at any time and without notice.

10.4 This Agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the Republic of South Africa.

10.5 You shall not be entitled to cede any of your rights or assign any of your obligations under this Agreement without our prior written consent.

10.6 We may amend this Agreement from time to time by posting the amended terms on our website. Your continued use of our service following the posting of any changes constitutes your acceptance of such changes.

10.7 We may terminate this Agreement at any time for any reason by providing you with notice. Upon termination, you must return any rented Products to us and pay any outstanding fees.

WEBSITE TERMS & CONDTIONS
  1. INTRODUCTION

These Terms and Conditions (the “Agreement“) govern your use of our website. By accessing or using our website, you agree to be bound by this Agreement. Please read these terms carefully before using our website. If you do not agree to the terms of this Agreement, you may not use our website.

  1. USE OF WEBSITE

You may use our website for lawful purposes only. You may not use our website for any illegal or unauthorized purpose, including but not limited to violating any intellectual property rights, or engaging in any activity that may harm or interfere with our website or its users.

  1. USER CONTENT

You may submit content to our website, including but not limited to comments, reviews, and other user-generated content (“User Content“). By submitting User Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised.

  1. INTELLECTUAL PROPERTY

Our website and its contents, including but not limited to text, graphics, logos, images, and software, are the property of The Closet Collective or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use or reproduce any of our intellectual property without our prior written consent.

  1. THIRD-PARTY LINKS

Our website may contain links to third-party websites or resources. We provide these links for your convenience only and are not responsible for the content, products, or services on or available from those websites or resources. You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such websites or resources.

  1. DISCLAIMER OF WARRANTIES

Our website is provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. We do not warrant that our website will be error-free or uninterrupted, or that any defects will be corrected. We are not responsible for any delays, inaccuracies, errors, or omissions arising from your use of our website.

  1. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website, including but not limited to any damages resulting from lost profits, lost data, or business interruption, whether based on warranty, contract, tort, or any other legal theory.

  1. INDEMNIFICATION

You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our website, your User Content, your violation of this Agreement, or your violation of any rights of another.

  1. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of South Africa, without giving effect to any choice of law or conflict of law provisions.

  1. CHANGES TO THIS AGREEMENT

We may amend this Agreement from time to time by posting the amended terms on our website. Your continued use of our website following the posting of any changes constitutes your acceptance of such changes.