TERMS & CONDITIONS
s ‘THE CURVY RENTAL BOUTIQUE LTD – Overview
This website is located at www.thecurvyrentalboutique.co.nz (“website”). Under the Terms & Conditions, this Website provides a ‘Service” for customers to rent designer dresses and accessories from The Curvy Rental Boutique Ltd. By accessing and using The Curvy Rental Boutique Ltd website at www.thecurvyrentalboutique.co.nz you are accepting and consenting to the practices in these Terms & Conditions. The Curvy Rental Boutique Ltd reserves the right to change these terms and conditions from time to time at its sole discretion.
PLEASE READ EACH SECTION SO YOU ARE AWARE OF YOUR RESPONSIBILITIES
- OUR COMMITMENT TO YOU
- RETURNING PRODUCT/GARMENT
- LATE OR NON-RETURNS
- DAMAGED/SPOILED/REPLACEMENT GARMENTS REQUIRED
- WEAR AND CLEANING
- XMAS & NEW YEARS BOOKINGS
- CANCELLATION POLICY
- UNLAWFUL ACTIONS
- BLACK LISTED
- PERSONAL INFORMATION
- GOVERNING LAW
In Terms & Conditions/Service “you” and “your” refer to all users of this Website and “we”, “us” and “our” refer to the Curvy Rental Boutique Ltd.
LEGALLY BINDING CONTRACT
These Terms & Conditions constitute a binding legal contract between you and The Curvy Rental Boutique Ltd. When visiting our Website and/or renting something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms” AND “The Rental Agreement”), including those additional terms and conditions and policies referenced herein. These Terms & Conditions apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. When using the Website you will be taken to have accepted all of the Terms & Conditions.
PLEASE READ THESE TERMS & CONDITIONS/SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE.
By accessing or using any part of the Website, you agree to be bound by these Terms & Conditions/Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions/Service. You can review the most current version of the Terms & Conditions/Service at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions/Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
You agree that you are renting products and ownership of the product remains with The Curvy Rental Boutique Ltd at all times. Our products may be rented for customers who are under the age of 18 however we only rent directly to adults who may rent the products on behalf of a minor. By clicking “I accept” Terms & Conditions/Rental Agreement button you represent that you are over 18 years and are authorized to use the chosen method of payment with the purpose of renting the products on the order.
We reserve the right to refuse service to anyone for any reason at any time.
You agree to not copy, sell, reproduce or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
OUR COMMITMENT TO YOU
We will deliver the product that you have ordered with the correct size, colour, and style on or before the date you have specified for delivery on your order. Except where we have indicated to you that your request for this is not possible or guaranteed, therefore your order has been amended. Products may appear different in colour and style than the images shown on the website however we do everything we can to minimize any confusion. We will do everything possible to fulfil your order but if a previous customer has not adhered to the rules and therefore impacted on your order we will offer another garment, refund or make store credit available to you, whichever is best suited to your needs.
We endeavour to keep our garments in the most pristine order.
No postal try-ons are available so if you order via the website the risk of it not fitting is yours. We will not offer a refund in this instance.
Store try-ons are available for anyone. See details under Try-on heading.
If you have certain concerns or there has been an error on our behalf, please contact Ella via email on [email protected] or ring on 0274729843
Our goal is to make you happy and satisfied with our service.
We accept bookings several months in advance, operating under a ‘first in, first served’ policy. Under the ‘garments’ tab you will find all our garments available to rent. Once the booking has been made, the payment is required to be paid in full to secure your booking. Courier fees will be added to your booking cart. Please note any postal bookings made after 3PM Wednesday, is classified as a ‘Late Order’ and if for some reason the garment does not arrive in time, we are not at fault. We recommend adding the Saturday delivery option at checkout (only available in Metro zones).
The Curvy Rental Boutique reserves the right not to offer a refund for any items that have not arrived in time for your event, cancellations (please read cancellation policy) or garments that do not fit. If the garment you have booked for your event does not fit or you just don’t like it – neither a refund nor credit will be available. However if the garment is returned/posted back the same day as receiving it we can offer a same day swap to another garment – if there is an increase in price the difference must be paid.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made to us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
The “rental fee” for the products will be the rental fee and delivery/postal fees per order. The garment is not confirmed until successful payment has been made. No deposits or holds are available.
You agree to provide current, complete and accurate purchase and account information for all purchases made to The Curvy Rental Boutique Ltd. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Charges are listed on the website in relation to your rental of products. When you order a product you authorize The Curvy Rental Boutique Ltd to charge your payment method for your rental fee. We will charge your Payment method immediately upon receiving your order. In addition to your rental order for a product, you authorize The Curvy Rental Boutique Ltd to charge your payment method up to an amount of 100% of the entire “original retail value” of the product when there has been complete negligence and/or damage that prevents us from being able to rent this product any further. The product/garments “original retail value” is shown when booking that product on the website. We will only charge your payment method when you have not upheld your commitment to us as set forth in the Terms & Conditions/Rental Agreement.
Our parcels are sent through NZ Post via overnight courier, which are trackable via the NZ Post website or app, (https://www.nzpost.co.nz or search NZPost on app store) until they reach their specified destination. This is a fast and secure postage system that we trust for the safe arrival and return of our garments.
After your item is fulfilled by us, and you receive the tracking number via email, it is your responsibility to ensure that the parcel arrives to you on time. We recommend tracking the package by turning on “delivery updates” on the parcel tracking page (https://www.nzpost.co.nz/tools/tracking/). You will then be emailed every time the parcel is scanned. If there are any delays in transit, we recommend calling Courier Post on 0800 268 743 or NZ Post on 0800 501 501.
The Curvy Rental Boutique Ltd hereby reserves the right to deny refunds, or store credit, for items that have not arrived in time for your event. If your item has not arrived in time, we will investigate the tracking updates, and assess the situation in light of any unforeseeable events that could have delayed postage, or operational failures by NZ Post. Refunds and store credit are determined on a case-by-case basis, at the full discretion of The Curvy Rental Boutique.
If you place your order after 3PM Wednesday, we will not offer a refund for any items that have not arrived in time for your event. (Please do email us, and we can add a Saturday Courier ticket at your cost)
In the rare scenario that the parcel has been lost by NZ Post we will do our best to send a replacement in time for your event, or offer a credit note or refund.
Please remember that postage is completely out of our control. As soon as it leaves our HQ, it is up to NZPost to get it to you on time and sometimes there are unfortunate delays but we do everything in our power to keep you updated on the situation.
We will send you an email or text as to when your order is ready to be picked up, Once you have received a message feel free to pop over anytime that day and grab your garment from the pink cupboard next to the front door.
Pick up orders are collected from:
8a Caliban Place
St Heliers, Auckland
(Finished rentals are to be dropped back to this address also).
When returning your order you will need to ensure you drop it back to
The Curvy Rental Boutique the next working day to your rental date. You will receive an info pamphlet with your order, indicating when your return date is.
After your event, all you need to do is return your item back to us. If it was a postal rental we require you to put the garment inside the provided pre-paid compostable courier bag addressed to us, and drop it over the counter (to activate tracking), at your nearest New Zealand Post Office by 4PM, the next business day to ensure it is received by the specified return date. You must make sure it is handed to a clerk and DO NOT PUT IN A POST BOX as this will not activate the tracking and can take up to 5 days to get back to me. If it is put in a post box, you will be liable to pay a $30 fee.
If you had a pick up rental please pop it back to the pink cupboard you collected it from by 8PM the following business day. It is absolutely crucial that the garment is returned on time, if not posted/returned the following business day a $25 late fee, per dress, per day it is late, will be charged.
If it is returned late and forces us to cancel/refund another customers rental, you will be liable to pay for their refund.
Try-ons are available in St Heliers, Auckland. I have created a beautiful space in my family home so please be respectful and tidy. Try-ons are by appointment only. Book through our “Book a try on” page.
A $10 non-refundable fee must be paid prior to the appointment to secure your booking. The $10 fee will go towards your rental if booked within 2 days after the try-on. If you and a friend want to do a try on together. Two separate fees must be paid. The $10 fee is applicable for every try-on. This fee is required to avoid ‘no-shows’ and late cancellations.
Appointments are 30 minutes. Please do your best to not be late as this affects other customers however if you are running late please let me know. Also, please don’t be early as there is no waiting area available.
Please be mindful of hygiene as we do not want garments smelly for the next customer/renter.
Also be aware that I will ask you to leave large bags outside of the try-on room to avoid possible theft.
Take off any jewellery that may catch on the garments so you are not liable for damages.
Please avoid wearing a full face of makeup to your try on but if this is unavoidable please deter from putting the garments near your face. Makeup can stain.
I can not stress enough that if any damage is done in the try on, please inform me straight away. I will not be mad but I need to get it repaired straight away so it does not affect the next customer. I will require you to pay for the damages but this is usually very minimal cost.
All garments are labelled with their size so please do not try to fit into a garment that is smaller than your usual size.
No postal try-ons are available
LATE OR NON-RETURNS
The Curvy Rental Boutique Ltd ensures the arrival of all rental garments to the customer, and this relies heavily on timely returns. Garments can be consistently booked out and by delaying the return of a garment it can potentially inconvenience the following rental customer. No-one wants to be left without a gorgeous outfit for their event. If garments are not returned on the agreed return date, late fees will be charged at $25 a day for every day it is late + the cost of any subsequent rentals that had to be canceled due to the late return.
In the case that a garment is not returned at all, due to it being stolen, lost or kept by the renter, the full Original Retail Value will be charged on top of the rental price that was paid and the total late fees.
When you hire from The Curvy Rental Boutique Ltd, you are purchasing the right to wear one of our gorgeous garments during your agreed rental period, stated on your confirmation email and in our system. Only you, the renter, is able to wear the rented item and therefore it is not to be shared around to others while in your possession.
DAMAGED/SPOILED/REPLACEMENT GARMENT REQUIRED
Our biggest piece of advice, when wearing one of our garments, is to treat it as if it were your own. In the situation, a garment is damaged while in your care, the best thing to do is to not stress and notify us as soon as possible so we can come up with a quick solution. The matter must be emailed through to [email protected] or message me on instagram @thecurvyrentalboutique. We must be notified the day of or after your event, not upon the return of the garment.
The following rules apply to damaged garments
- If the garment needs to be dry-cleaned, a fee of $20 – $50 will be charged. (DO NOT try to wash stains out yourself as this only makes them worse/sets them in).
- If the garment needs a minor repair, (e.g. zipper needs fixing, strap replacement or hem taken up as a result of damage), a fee of $25-$50 will be charged.
- If the damage to the garment means it cannot be used again for rent, 100% of the “Original Retail Value” (ORV) “Recommended Retail Price” (RRP) will be charged to you. Discussions regarding the repayment of the garment can be sorted out in various ways so it is important to email or message/instagram to make the appropriate arrangements. Once the garment is paid for you will have the option to keep it. Note the ORV/RRP is found in the production description of each garment. You will receive an invoice for the replacement price of the garment or the cost of damages as determined by The Curvy Rental Boutique Limited. If you, the renter fails to pay these charges you authorise The Curvy Rental Boutique Limited to seek full compensation for the full RRP of the garment, the cost of any rentals we need to cancel, late fees of $10 per day that the garment is still not returned past its rental period end date. Methods can include but are not limited to debt collection agencies. Renters must themselves cover recoverable collection costs should we need to use debt collection.
The Curvy Rental Boutique Limited also reserves the legal right to take all steps necessary to receive the required compensation or fees required by breaking these terms & conditions. Such as legal action and debt collection.
We will only charge your payment method when you have not upheld your commitment to us as set forth in the Terms & Conditions/Rental Agreement.
WEAR AND CLEANING
Once you have worn your rental you are not required to clean it. Just place into the prepared prepaid courier bag and return via NZ Post shop. Please hand over the counter – DO NOT PLACE IN A POST BOX. It must have the tracking code scanned. We take care of the cleaning and inspect the garment before it is ready for the next customer. It is so important that you inform us of any damage or stain so we can deal with it correctly. If it is badly stained we will need to get it dry cleaned and therefore the cost will be charged to you. It is usually between $25 and $50 depending on the stain/damage. This goes for any damage/tears/rips etc etc. Just let us know so we can get onto it quickly so it is available for the next customer.
We want you to enjoy the garment but we also want the next customer to enjoy it as well so we therefore would hope you treat the garment with the utmost care.
Although you may not be the first to wear the garment we do everything we can to keep it in the most pristine condition. Please be mindful of embellished clutches or jewellery that may snag the material, and avoid spray perfumes or beauty sprays directly onto the material. Please do not attempt to fit into a dress that is not the right size for you and force zippers etc. We will always endeavour to mention dresses that are an ‘in between size’ or a smaller fit than what their label suggests.
If a garment comes back extra dirty but does not require professional cleaning a cleaning fee of $20 will be charged for time, usage of cleaning supplies and inconvenience.
XMAS & NEW YEARS BOOKINGS 2021
all christmas postal rentals need to be booked by monday the 20th of december and all local pick up rentals need to be booked by wednesday the 22nd of december, at the latest. If a garment is booked later than the 20th or 22nd – you will automatically be refunded.
posting & pick up:
all christmas postal rentals will be sent on monday the 20th & tuesday the 21st of december and all local pick ups will need to be collected on thursday the 23rd & friday the 24th of december.
all christmas postal rentals are to be sent back by wednesday the 29th of december and all local picks ups are to be dropped back on monday the 27th of december – no day later as late fees apply.
all new years postal rentals need to be booked by monday the 20th of december and local pick up rentals need to be booked by wednesday the 22nd of december, at the latest. If a garment is booked later than the 20th or 22nd – you will automatically be refunded.
posting & pick up:
all new years postal rentals will be sent on monday the 20th & tuesday the 21st of december and all local pick ups will be available to collect between thursday the 24th – sunday the 26th of december.
all new years rentals (pick up and postal) are to be sent back and dropped off by wednesday the 5th of january – no day later or late fees apply.
please keep in mind that you will have your rental for an extended period of time and we ask you to take extra care.
Rental fees are non-refundable. If you cancel your rental and give us one week or more notice, then we can happily issue you a credit note to be used within 12 months from date of cancellation.
You may not use any of the products for any illegal or unauthorised purpose nor may you , in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms & Conditions will result in an immediate termination of your Services and leave me no choice but to undertake legal action against you. Any attempt to steal garments will be dealt with by law enforcement.
If any of these Terms & Conditions are breached to an unlawful manner then you will be automatically “Black Listed” which means all other rental companies will receive your information. You will not be able to rent from us or others again.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Curvy Rental Boutique Ltd, 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, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
If your event has been cancelled or postponed due to COVID-19 alert levels you will receive store credit or the chance to change the date as apposed to a refund. You will be emailed your credit code once it has been issued. The credit can be used at anytime in the future on any rental (subject to availability). The code can only be used by you.
If your rental hasn’t already been sent/picked up and you are a close contact of someone with COVID-19 or contract the virus yourself and are unable to attend your event due to being self isolated, you are eligible for store credit only. However if we are notified less than 2 days before your booking date that you are no longer attending the event due to covid-19 then you are only eligible for 50% store credit as this stops anyone potentially rebooking the garment.
If your rental has already been sent/picked up and you are a close contact of someone with COVID-19 or contract the virus yourself and are unable to attend your event due to being self isolated, neither store credit or a refund will be issued as this stops anyone potentially rebooking the garment.
The Curvy Rental Boutique Limited does not allow you to use any of our images.
These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
IF YOU HAVE ANY QUESTIONS ABOUT THE TERMS & CONDITIONS PLEASE EMAIL [email protected]