Terms & Conditions Dalby Dress Hire

Terms & Conditions

By accessing and using the Dalby Dress Hire website at www.dalbydresshire.com.au, you are accepting and consenting to the practices in these terms of use. Dalby Dress Hire reserves the right to change these terms and conditions from time to time at its sole discretion.

  1. Definitions

1.1 “Dalby Dress Hire” (“we”, “our”, “us” or “DDH”) means Marissa Machin As Trustee For The Marissa Machin Family Trust Trading as Dalby Dress Hire (ABN 92598350149), its successors and assigns or any person acting on behalf of and with the authority of The Marissa Machin Family Trust (ABN 92598350149)
1.2 “Services” means the Dalby Dress Hire website located at (the “Site”) and dabydresshire.com.au services including Dalby Dress Hire’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 any fashion accessories e.g. dresses) supplied on hire by Dalby Dress Hire 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 Dalby Dress Hire  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, to the day the Apparel is supposed to be dropped in mail by the User, as shown on Dalby Dress Hire’s website.
1.6 “Rental Price” (“price”)  means the cost of the hire of the Apparel as agreed between Dalby Dress Hire and the User subject to clause 4 of this contract.
1.7 “Rental Return Due Date” means the date the Apparel is expected to be back at Dalby Dress Hire’s warehouse. The Rental Return Due Date is calculated to be within 2 to 3 business days from the end of Rental Period, depending on the User’s location.

  1. The Commonwealth Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)

2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
2.2 Where the User hires Apparel as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.

  1. Acceptance

3.1 Any instructions received by Dalby Dress Hire from the User for the hire or purchase of Apparel and/or the User’s acceptance of Apparel supplied on hire by Dalby Dress Hire shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one User has entered into this agreement, the Users shall be jointly and severally liable for all payments of the Price.
3.3 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 Dalby Dress Hire.
3.4 The User shall give Dalby Dress Hire not less than fourteen (14) days prior written notice of any proposed change in the User’s details (including but not limited to, changes in the User’s address, facsimile number, or business practice). The User shall be liable for any loss incurred by Dalby Dress Hire as a result of the User’s failure to comply with this clause.
3.5 Apparel is supplied by Dalby Dress Hire based only on the terms and conditions of hire herein to the exclusion of anything to the contrary in the terms of the User’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of hire.

  1. Price and Payment

4.1 The Price shall be Dalby Dress Hire’s current Price, at the date of delivery of the Apparel, according to Dalby Dress Hire’s current Price list as detailed on Dalby Dress Hire’s website.
4.2Dalby Dress Hire reserves the right to change the Price in the event of a variation to the User’s requirements.
4.3 At Dalby Dress Hires sole discretion a deposit may be required. 
4.4 At Dalby Dress Hire’s sole discretion a bond may be required which shall be refunded upon return of the Apparel in a condition acceptable to Dalby Dress Hire.
4.5 At Dalby Dress Hire’s sole discretion: 
(a) payment shall be due before delivery of the Apparel; or 
(b) payment for approved Users shall be made by instalments in accordance with Dalby Dress Hire’s payment schedule. 
4.6 Payment may only be made by credit card (only Amex, Mastercard and Visa accepted) or by any other method as agreed to between between Dalby Dress Hire and the User.
4.7 In the event an invoice is issued for payment for any reason then payment shall be due within seven (7) days of the date of the invoice.
4.8 Receipt by Dalby Dress Hire of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
4.9 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.
4.10 All Prices on our website are denominated in Australian Dollars.

  1. Rental Period and Late Fees

5.1 Rental period shall commence from when the User (or a third party nominated by the User) signs the Courier’s delivery receipt and shall continue until the Apparel is dropped in the mail.
5.2 Where Apparel has not been returned to Dalby Dress Hire by the Rental Return Due Date then Dalby Dress Hire shall be entitled to charge additional hire fees until the Apparel is returned to Bella & Spice and the User expressly authorises Dalby Dress Hire to deduct such additional hire fees from the User’s credit card which was provided at the time of placement of the User’s order. Such additional charges shall be charged an extra full 7 day hire period once the item is not returned within the rental period.
5.3 When counting overdue daysDalby Dress Hire shall not count either Sundays or Public Holidays when the post office is closed as being part of the overdue period.
5.4 If the User pays Bella & Spice an amount equal to recommended retail Price + 1 7 day hire period in late fees and the User still has the item(s) in their possession, the item(s) is The User’s to keep.
5.5 If the User has not returned the rental item(s) within 15 days after the return date, Dalby Dress Hire  will consider the rental item(s) as non-returned and will charge the User’s credit card the full recommended retail price.

  1. Delivery of the Apparel

6.1 At Dalby Dress Hire’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 and the User (or a third party nominated by the User) has signed the delivery receipt.
6.2 The fastest shipping method is automatically applied at checkout to ensure your order is with you by 8pm on your requested date. Our shipping fee ranges between $10.95  - $15.00. This fee includes the delivery to you, and the return back to us (in a pre-paid satchel). The delivery fee only applies to full bookings. 

Dress Hire’s standard delivery method is Express Delivery Service, operated by Australia Post (see Australia Post's Terms and Conditions). Express Delivery is a guaranteed next business day delivery within the Express Post network only. If the User’s location is outside of the Express Post network, it will take more than one business day and Dalby Dress Hire has no control over this.

6.3 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 Dalby Dress Hire to take delivery of the Apparel at the nominated delivery address and for any reason Dalby Dress Hire is required to redeliver the Apparel then Dalby Dress Hire shall be entitled to charge a reasonable fee for the redelivery. 
6.4 Any delivery time or date given by Dalby Dress Hire to the User is an estimate only. The User must still accept delivery of the Apparel even if late and Dalby Dress Hire will not be liable for any loss or damage incurred by the User as a result of the delivery being late.

  1. Risk/Insurance

7.1 Dalby Dress Hire retains property in the Apparel nonetheless all risk for the Apparel passes to the User on delivery.
7.2 The User accepts full responsibility for the safekeeping of the Apparel. 
7.3 Dalby Dress Hire offers free damage insurance to the value of Fifty Dollars ($50) to cover minor damage or staining. For minor damage and/or staining if Dalby Dress Hire assesses (at its sole discretion) that the cost of repairs will be over Fifty dollars ($50), then the User will be required to pay the difference (e.g. if the repair cost is one hundred dollars ($100), then Dalby Dress Hire will require the User to pay fifty dollars ($50).
7.4 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, Dalby Dress Hire will take into account, the availability to purchase that dress in the market, the condition of the dress, and the rental fee that the User has already made.

7.5 To prevent the potential use of fraudulent credit cards (or other payment types), Dalby Dress Hire withholds the right to request proof of identity for orders it deems high value. Orders containing three or more dresses may be subject to this request. Where fraudulent activity is suspected, Dalby Dress Hire follows internal verification methods to ensure that the order is valid. If Dalby Dress Hire cannot confirm this, the order may be cancelled. If this is the case, the customer will be notified by email. 

  1. Title To Hired Apparel

8.1 The Apparel is and will at all times remain the absolute property of Dalby Dress Hire.
8.2 If the User fails to return the Apparel to Dalby Dress Hire then Dalby Dress Hire or Dalby Dress Hire’s agent may (as the invitee of the User) enter upon and into land and premises owned, occupied or used by the User, or any premises where the Apparel is situated and take possession of the Apparel.

  1. Defects

9.1 The User shall inspect the Apparel on delivery and shall within four (4) hours of receipt of the Apparel notify Dalby Dress Hire (by phone or email) of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.

  1. Cancellation & Refund Policy

10.1 If the User wishes to cancel an order, a cancellation request form must be submitted on Dalby Dress Hire’s website as soon as possible. No cancellation fees will be applied when cancelling a booking more than 14 days prior to the start of the rental period. When cancelling within 7 days of your rental period, a $10.95 cancellation fee will be applied and a fee of $7.95 will be applied when cancelling between 7 days and 14 days prior to your rental period. Once the item has been dispatched from Dalby Dress Hire premises the order cannot be cancelled.

10.2 Whilst Dalby Dress Hire will make every effort to process a refund/cancellation as quickly as possible, the refund process can take approximately ten to twenty (10-20) working days dependant on the independent processing time taken by the User’s credit card provider and the User acknowledges that Dalby Dress Hire has no control over such Credit card issuers processes.
10.3 Dalby Dress Hire may cancel these terms and conditions or cancel the delivery of Apparel at any time before the Apparel is delivered by giving written notice. On giving such notice Dalby Dress Hire shall repay to the User any sums paid in respect of the Price. Dalby Dress Hire shall not be liable for any loss or damage howsoever arising from such cancellation. In which event Dalby Dress Hire will issue the User a full refund of the dress rental cost, minus the shipping cost.

  1. User's Responsibilities

11.1 The User shall: 
(a) immediately notify Dalby Dress Hire of any damage to the Apparel that occurs during the hire period; 
(b) on termination of the hire, deliver the Apparel complete with all accessories, in good order as delivered, fair wear and tear accepted, to Dalby Dress Hire; 
(c) keep the Apparel in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Apparel; 
(d) not alter or make any additions to the Apparel or in any other manner interfere with the Apparel.

  1. User's Default and Consequences of Default

12.1 If the User owes Dalby Dress Hire any money the User shall indemnify Dalby Dress Hire from and against all costs and disbursements incurred by Dalby Dress Hire in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Dalby Dress Hire collection agency costs, and bank dishonour fees).

12.2 Without prejudice to any other remedies Dalby Dress Hire may have, if at any time the User is in breach of any obligation (including those relating to payment) under these terms of hire Dalby Dress Hire may repossess the Apparel as per clause 8.2, or suspend or terminate the supply of Dalby Dress Hire Apparel to the User and any of its other obligations under the terms and conditions. Dalby Dress Hire will not be liable to the User for any loss or damage the User suffers because Dalby Dress Hire has exercised its rights under this clause.
12.3 Without prejudice to Dalby Dress Hire other remedies at law  Dalby Dress Hire shall be entitled to cancel all or any part of any order of the User which remains unperformed in addition to and without prejudice to any other remedies  Dalby Dress Hire may have and all amounts owing to Dalby Dress Hire shall, whether or not due for payment, become immediately payable in the event that: 
(a) any money payable to Dalby Dress Hire becomes overdue, or in Dalby Dress Hire opinion the User will be unable to meet its payments as they fall due; or 
(b) the User becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or 
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the User.

  1. Security and Charge

13.1 In consideration of Dalby Dress Hire agreeing to supply Apparel, 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).
13.2 The User indemnifies Dalby Dress Hire from and against all Dalby Dress Hire costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Dalby Dress Hire’s rights under this clause.
13.3 The User irrevocably appoints Dalby Dress Hire and each director of Dalby Dress Hire as the User's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the User's behalf.

  1. User Generated Content

For any content that you submit - any information such as data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Service - you grant Dalby Dress Hire a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. All content that you submit may be used at Dalby Dress Hire sole discretion. We reserve the right to change, condense or delete any content on our website that Dalby Dress Hire deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. Dalby Dress Hire does not guarantee that you will have any recourse through Dalby Dress Hire to edit or delete any content you have submitted. Ratings, reviews and written comments are generally moderated and published within two to four business days. However, Dalby Dress Hire reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Dalby Dress Hire are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Dalby Dress Hire, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. By submitting any content to Dalby Dress Hire, you represent and warrant that:

  • You are the sole author and owner of the intellectual property rights thereto;
  • All "moral rights" that you may have in such content have been voluntarily waived by you;
  • All content that you post is accurate;
  • Use of the content you supply does not violate these Terms and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • That is known by you to be false, inaccurate or misleading;
  • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • For which you were compensated or granted any consideration by any third party;
  • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Dalby Dress Hire (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

  1. Privacy Act 1988

Please see our privacy policy 

16.1 The User agrees for Dalby Dress Hire to obtain from a credit reporting agency a credit report containing personal credit information about the User in relation to credit provided by Bella & Spice 
16.2 The User agrees that Bella & Spice may exchange information about the User with those credit providers either named as trade referees by the User or named in a consumer credit report issued by a credit reporting agency for the following purposes: 
(a) to assess an application by the User; and/or 
(b) to notify other credit providers of a default by the User; and/or 
(c) to exchange information with other credit providers as to the status of this credit account, where the User is in default with other credit providers; and/or 
(d) to assess the creditworthiness of the User 
The User understands that the information exchanged can include anything about the User's creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988. 
16.3 The User consents to Bella & Spice being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988). 
16.4 The User agrees that personal credit information provided may be used and retained by Bella & Spice for the following purposes (and for other purposes as shall be agreed between the Client and Bella & Spice or required by law from time to time): 
(a) the provision of Apparel on Hire; and/or 
(b) analysing, verifying and/or checking the User's credit, payment and/or status in relation to the provision of Apparel on hire; and/or 
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the User; and/or 
(d) enabling the daily operation of User's account and/or the collection of amounts outstanding in the User's account in relation to the hire of the Apparel. 
16.5 Dalby Dress Hire may give information about the User to a credit reporting agency for the following purposes: 
(a) to obtain a consumer credit report about the User; 
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the User. 
16.6 The information given to the credit reporting agency may include: 
(a) personal particulars (the User's name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number); 
(b) details concerning the User's application for credit or commercial credit and the amount requested; 
(c) advice that Dalby Dress Hire is a current credit provider to the User; 
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started; 
(e) that the User's overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed; 
(f) information that, in the opinion of Dalby Dress Hire the User has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the User's credit obligations); 
(g) advice that cheques drawn by the User for one hundred dollars ($100) or more, have been dishonoured more than once; 
(h) that credit provided to the User by Dalby Dress Hire has been paid or otherwise discharged.

  1. Intellectual Property

17.1 User acknowledges and agrees that Dalby Dress Hire’s trademark shall remain the intellectual property of Dalby Dress Hire at all times and further agrees that they shall not use the same for any purpose whatsoever without the express written approval of Dalby Dress Hire

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

18.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 
18.2 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 Dalby Dress Hire to the User. 
18.3 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 Dalby Dress Hire 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 18.3(a)(i) or 18.3(a)(ii); 
(b) indemnify, and upon demand reimburse, Dalby Dress Hire 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 Dalby Dress Hire; 
(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 Dalby Dress Hire. 
18.4 Dalby Dress Hire 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. 
18.5 The User waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 
18.6 The User waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 
18.7 Unless otherwise agreed to in writing by Dalby Dress Hire, the User waives their right to receive a verification statement in accordance with section 157 of the PPSA. 
18.8 The User must unconditionally ratify any actions taken by Bella & Spice under clauses 19.3 to 19.5. 
18.9 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

19.1 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. 
19.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of Sydney New South Wales. 
19.3 Dalby Dress Hire 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 Dalby Dress Hire of these terms and conditions (alternatively Dalby Dress Hire’s liability shall be limited to damages which under no circumstances shall exceed the Price paid for the hire or purchase of the Apparel). 
19.4 Dalby Dress Hire 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 Dalby Dress Hire notifies the User of such change. Except where Dalby Dress Hire supplies further Apparel to the User and the User accepts such Apparel, the User shall be under no obligation to accept such changes. 
19.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party. 
19.6 The failure by Dalby Dress Hire to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Dalby Dress Hire right to subsequently enforce that provision. 
19.7 Unless otherwise specified, the User agrees that by sending or tagging photos of wearing Dalby Dress Hire dress, Dalby Dress Hire may use the images for promotional purposes including but not limited to print materials, social media platforms and newsletters. 
Additional Clauses Applicable to the Sale of Apparel

  1. Title To Apparel Being Sold To The User

20.1 Dalby Dress Hire and the User agree that the ownership of Apparel shall not pass until: 
(a) the User has paid Dalby Dress Hire all amounts owing to Dalby Dress Hire; and 
(b) the User has met all of its other obligations to Dalby Dress Hire.. 
20.2 Receipt by Dalby Dress Hire of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 
20.3 It is further agreed that until ownership of the Apparel passes to the User in accordance with clause 21.1 that: 
(a) the User is only a bailee of the Apparel and must return the Apparel to Dalby Dress Hire on request. 
(b) the User holds the benefit of the User's insurance of the Apparel on trust for Dalby Dress Hire and must pay to Dalby Dress Hire the proceeds of any insurance in the event of the Apparel being lost, damaged or destroyed. 
(c) the User must not sell, dispose, or otherwise part with possession of the Apparel. If the User sells, disposes or parts with possession of the Apparel then the User must hold the proceeds of any such act on trust for Dalby Dress Hire and must pay or deliver the proceeds to Bella & Spice on demand. 
(d) the User irrevocably authorises Dalby Dress Hire to enter any premises where Dalby Dress Hire believes the Apparel are kept and recover possession of the Apparel. 
(e) Dalby Dress Hire may commence proceedings to recover the Price of the Apparel sold notwithstanding that ownership of the Apparel has not passed to the User.

  1. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

21.1 The User must inspect the Apparel on delivery and must within seven (7) days of delivery notify Dalby Dress Hire in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The User must notify any other alleged defect in the Apparel as soon as reasonably possible after any such defect becomes evident. Upon such notification the User must allow Dalby Dress Hire to inspect the Apparel. 
21.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees). 
21.3 Dalby Dress Hire acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees. 
21.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Dalby Dress Hire makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Apparel. Dalby Dress Hire’s liability in respect of these warranties is limited to the fullest extent permitted by law. 
21.5 If the User is a consumer within the meaning of the CCA, Dalby Dress Hire’s liability is limited to the extent permitted by section 64A of Schedule 2. 
21.6 If Dalby Dress Hire is required to replace the Apparel under this clause or the CCA, but is unable to do so, Dalby Dress Hire may refund any money the User has paid for the Apparel. 
21.7 Subject to this clause 22, returns will only be accepted provided that: 
(a) the User has complied with the provisions of clause 20.1; and 
(b) Dalby Dress Hire has agreed that the Apparel are defective; and 
(c) the Apparel are returned within a reasonable time at the User's cost (if that cost is not significant); and 
(d) the Apparel are returned in as close a condition to that in which they were delivered as is possible. 
21.8 Notwithstanding clauses 20.1 to 20.7 but subject to the CCA, Dalby Dress Hire shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of: 
(a) the User failing to properly maintain or store any Apparel; 
(b) the User continuing the use of any Apparel after any defect became apparent or should have become apparent to a reasonably prudent user; 
(c) fair wear and tear, any accident, or act of God.