PLEASE CAREFULLY READ OVER OUR TERMS & CONDITIONS AND OUR PRIVACY POLICY BEFORE RESERVING YOUR DESIGNER ITEM.
1.Definitions
A. “The Slow Exchange”
means The Slow Exchange, who will be supplying the Item for the Customer to hire.
B. “Item”
means all item(s) supplied by The Slow Exchange to the Customer.
C. “Business Day”
means a day that is not a Saturday, Sunday or public holiday anywhere in Australia.
D. “Customer/and or Client”
means the individual who is hiring out the Item supplied by The Slow Exchange, over the age of 18 and accepts the Terms and Conditions (by checking the box that states that the Customer accepts) of hiring the Item.
E. “Damage(s/d)”
means any damage including, but not limited to, a stain, mark, tear, discoloration/changes to original colour, faultiness, caused to the Item during the Hire Period, whilst in the possession of the Customer.
F. “Debt Collectors”
means any insurer, debt collection agency, or solicitor/barrister, which The Slow Exchange has retained to collect any outstanding fees owed by the Customer.
G. “Delivery Date”
means the date in which the Customer collects the Item from The Slow Exchange
H. “Dispatch Date”
means the date that the Item has been sent by The Slow Exchange to the Customer
I. “Hire Period”
means the duration between the delivery date and return date.
J. “Hire Fee”
means the cost to hire the Item for the hire period.
K. “Additional Daily Fee”
means the cost of any additional day with the hire period.
L. “Insurer”
means a licenced insurance company
M. “Payment”/“Payment Card”
means Mastercard, Visa and Paypal.
N. “Penalty Fee”
means any amount owing for; a stolen, missing or damaged Item and/or the Item being returned after the return date.
O. “Personal Details”
means any personal information which include but is not limited to copy of driver’s license, passport or identification card, full name, date of birth, address, phone number, email and payment card details, which the Customer has registered onto The Slow Exchange’s website.
P. “Return Date”
means the date in which the Customer must return the Item to The Slow Exchange
Q. “Third Party”
means anyone other than The Slow Exchange and the Customer – this includes, but is not limited to a friend, family member, acquaintance or unknown persons.
- Agreement of Hire
A. An Agreement of Hire is formed once the Customer accepts the Terms and Conditions and makes payment of the hire fee. Effectively, The Slow Exchange will then agree to supply the Item to the Customer for the hire period.
B. The Agreement of Hire subsequently binds The Slow Exchange and the Customer to the obligations of the Terms and Conditions.
- Payment of Hire Fee
A. Upon accepting the Terms and Conditions, the Customer will be directed to make payment, which will in effect process the Agreement of Hire (provided the payment is approved).
B. Payment will take in the form of one of the following options:
i. Debit Card
ii. Paypal
iii. Credit card
C. The Customer acknowledges and agrees that the Cancellation Fee is a reasonable estimate made at the time of entering into the Agreement of Hire and that it is the anticipated loss that The Slow Exchange will suffer by reason of cancellation.
D. The Customer acknowledges and agrees that The Slow Exchange will keep the Customer’s personal details confidential until the Customer returns the Item to The Slow Exchange, except in the following circumstances;
i. In the event that there are debts owing for a stolen and/or damaged Item, The Slow Exchange will keep the Customer’s personal details until all and any penalty fees are paid in full; and
ii. If the Customer is a one-off Customer who is not registered with The Slow Exchange and fails to return the Item at all, on time or without damage(s), The Slow Exchange will keep the Customer’s personal details until all penalty fee(s) are paid.
iii. If the Customer has any unpaid fees such as; additional daily fee, damage fee etc The Slow Exchange will bill the owing amount to the Customer.
E. The Customer acknowledges and agrees that The Slow Exchange can and will use the Customer’s personal details if the Customer is in breach of the Agreement of Hire which may include, but is not limited to the following;
i. Damage(s) caused to the Item;
ii. Stealing the Item;
iii. Returning the Item after the return date; and
iv. Any cancellations that render a penalty, pursuant to Clause 6C.
- Damages
A. Where an Item has been returned with damage(s), The Slow Exchange will charge a Penalty Fee, minimum of $500, and charge the Customer for any additional costs related to fixing the Item, and subsequently take any necessary action at its sole discretion without notice. If The Slow Exchange incurs fees as a result of engaging debt collection services, such fees will be passed onto the customer also.
i. The Customer will be contacted in writing and advised of the amount owing.
ii. Within 48hours of having contacted the Customer, The Slow Exchange will then either attempt to charge the customers card for the damage fees and/or commence debt recovery action against the customer unless stated otherwise.
B. Where the Penalty Fee is not able to be paid in full as advised by the Customer, The Slow Exchange will make one attempt to contact the client to organise a repayment plan.
- Stolen or Unreturned Goods
A. In the event that the Customer or any third party has stolen, lost or has not returned the Item, The Slow Exchange will withdraw the full recommended retail price from the customers card to replace the Item. The Customer will be notified via email within 48 hours of the charge taking place. If The Slow Exchange isn’t able to charge the Customer’s card, The Slow Exchange will commence debt recovery action against the customer unless stated otherwise. Any fees incurred by The Slow Exchange as a result of engaging debt collection services will be passed onto the customer.
i. Where The Slow Exchange is satisfied that the Customer has stolen the Item, The Slow Exchange will provide the Customer’s personal information to the Police and/or Debt Collector for prosecution.
B. In the event that the Customer is able to locate and return the Item after it has been stolen or lost, the Customer will be refunded the full value of the Item provided that The Slow Exchange is satisfied (at its sole discretion) that the following is evident:
i. That the Item has not been damaged in any way;
ii. That the Item has been authenticated and proves to be the same item; and
iii. That the Customer has provided a truthful statement of how the Item was located.
The Customer, will however be charged a Penalty Fee at a flat rate of $500.00, and an additional $50.00 for every late day after the return date. The customer will also be charged any fees incurred by The Slow Exchange as a result of engaging in debt collection services.
C. In the event that the stolen Item has been returned and is damaged, The Slow Exchange will also charge the Customer a Penalty Fee, pursuant to Clause 4 of these Terms and Conditions.
D. Where the full value of the Item is not available to be paid in full by the Customer, The Slow Exchange will make one attempt to contact the client to organise a payment plan.
E. The Customer is liable if the bag is not returned in the same condition that it was received.
- Delivery and Return
A. All orders must be placed by Tuesday 06:00 p.m. AEST (Australian Eastern Standard Time or Australian Eastern Daylight Savings Time) if desired pick-up day is Thursday.
B. Delivery date takes effect when the Customer receives the delivery
C. Return date takes effect as soon as the Customer has returned the Item in person to The Slow Exchange
i. The Customer has the responsibility to re-package the Item in accordance to The Slow Exchange’s instructions to ensure that it is protected, subject to minimal damage and is returned the way it arrived.
ii. The Customer will be liable for any damage(s) made to item via transit if it was not packed/protected in accordance to The Slow Exchange’s packing instructions
iii. The Agreement of Hire and hire period will cease at the moment the item is received upon return.
iv. The Customer no longer has responsibility or liability over the Item after the return date unless there is an outstanding amount due; or the Item has been damaged whilst being returned due to poor packaging as deemed by The Slow Exchange.
v. The Customer however will be responsible and liable for any damages that occurred during the hire period.
D. The Customer will be liable for a minimum penalty fee of $50.00 for every late day until the Item has been returned to The Slow Exchange. The late fee will be relative to the price of the bag hired; the more expensive the bag the higher the late fee.The bill will be emailed to the Customer in the format of a tax invoice.
i. The bill will be emailed to the Customer in the format of a tax invoice.
ii. After 48 hours of having billed the Customer, The Slow Exchange will then attempt to charge the customers card and/or pursue debt recovery action unless stated otherwise by The Slow Exchange.
G. If the return date lands on a public holiday the individual will not be charged a late fee.
- Repayment
A. In the event that the Customer cannot pay for any penalty fee for losing the Item, damaging the Item and/or returning the Item late, The Slow Exchange is willing to enter a reasonable short-term payment plan at its sole discretion.
B. If the Customer defaults on the agreed payment plan, The Slow Exchange will resort to taking legal action through its nominated debt collectors at its sole discretion without notice until all penalty fee(s) are recovered from the Customer by The Slow Exchange.
- Cancellation
A. All or any cancellations must be made by the customer 48 hours prior to the delivery date;
B. Where cancellations are made less than 48 hours prior to the dispatch date and the Item has already left The Slow Exchange’s vicinity, 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 Item as per the Agreement of Hire.
i. Regardless of whether the Customer chooses to use or not use the Item, the Customer will be charged the Hire Fee.
ii. If client decides to cancel more than 48 hours prior to dispatch date 30% of the hire fee will still only be held and charged by The Slow Exchange.
iii. All cancellations will forfeit 30% of the hire fee.
C. Where cancellations are made less than 48 hours prior to the Dispatch Date and the Item has not left The Slow Exchange’s vicinity, the Agreement of Hire will cease and the Customer will be refunded 50% of the Hire Fee.
i. 30% of the Hire Fee will only be held and charged by The Slow Exchange in this circumstance;
ii. The Customer acknowledges and agrees that part 8C(i) is implanted to anticipate the loss that The Slow Exchange will suffer by reason of the late cancellation.
RETURNS
- If for any reason, there is an issue with your hired item and/or you are not satisfied with the item you have hired, you must notify us via email immediately.
- We must agree in writing that we accept the return request.
- Returns will not be accepted unless the item is returned back to us on the same day it is received by the customer.
- The Customer must do so in person to us.
- In this scenario, the customer will be refunded 70% of the hire fee excluding the shipping costs.
- Any returns outside of these circumstances will not be accepted, including where a Customer claims to not have received the item/s in their possession until a later date/time regardless of the situational conditions.
- The Slow Exchange’s Obligations
Subject to the Terms and Conditions, The Slow Exchange has the following obligations to the Customer:
A. To process all Agreement of Hire in a timely manner;
B. To ensure that the Customer receives the Item by the time the hire period takes effect;
C. To keep the Customer’s entire account confidential, unless The Slow Exchange is satisfied that the Customer has committed a criminal offence by way of theft and/or fraud of the Item. In that case, the Customer’s entire account will be released only to its Insurer and the Police and/or Debt Collector for prosecution purposes. The customer may also be named publicly to warn other entities.
D. To not mislead or deceive the Customer in any way in relation to the Hire Fee or conditions of the Item; and
E. To make a maximum of 2 attempts to contact the Customer (i.e. mobile, SMS, email and/or letter) when the Item has not been returned before releasing the Customer’s details to the Insurer or Police.
F. The Slow Exchange has the right to refuse anyone who does not meet the security requirements, including but not limited to; identification, proof of residential address etc. If the Customer refuses to provide the required details, The Slow Exchange will forfeit the loan and refund 70% of the total hire fee.
- Customer’s Obligations
Subject to the Terms and Conditions, The Customer has the following obligations to The Slow Exchange and the Item:
A. To ensure that the Item is not damaged or stolen by themselves or a Third Party;
B. To return the Item by the agreed return date;
C. To not transfer possession of the Item to a third party; and
D. To notify The Slow Exchange and make a police report if the Item has been stolen.
E. To pay any and/or all Penalty Fee(s) that they have incurred in a timely matter which has been set out by The Slow Exchange.
F. To ensure you provide The Slow Exchange with photos of a true and valid drivers license and address verification document such as:
-Utility bill
– Statement from a financial institution
– Letter from a government institution
G. The Slow Exchange reserves the right to cancel an order if we believe documentation supplied is not valid or is fraudulent. If this is the case, the customer will receive a full refund. However, if the customer chooses not to supply The Slow Exchange with additional documentation to prove validity upon request, the customer will forfeit 30% of the hire fee, excluding shipping costs.
- Privacy
A. By hiring an Item from The Slow Exchange, the Customer accepts and understands that The Slow Exchange will take appropriate steps to verify the Customer’s identification should any issues arise.
B. By agreeing to the Terms and Conditions set out by The Slow Exchange in an Agreement of Hire, the Customer accepts and acknowledges the following;
i. The Customer’s Personal Details will be released to the Insurer and Police and/or Debt Collector if The Slow Exchange is satisfied that the Customer has stolen the Item.
ii. The Customer’s personal details will be released to the Insurer and Debt Collector if the Customer has failed to pay any and/or all penalty fees in a reasonable amount of time which The Slow Exchange has provided to the Customer.
C. By agreeing to the Terms and Conditions, the Customer acknowledges that the Customer has read and also agrees to the privacy policy.
- Indemnity
A. The Customer agrees to indemnify and not hold The Slow Exchange and any of its partners, employees, subsidiaries and affiliates of any loss, liability or claim arising out of the Agreement of Hire.
13. Terms and Conditions
By entering into the Agreement of Hire, the Customer agrees to the following:
iii. That the Customer is bound to the entirety of the Terms and Conditions that The Slow Exchange has set out;
iv. That the Customer’s failure to make payments for stolen or damaged Item will warrant The Slow Exchange to notify the Police and/or Debt Collector to prosecutor and/or recover the owing amount; and
v. That the Terms and Conditions may be subject to change at any time, thus, the Customer must read the Terms and Conditions each and every time a new Agreement of Hire is made with The Slow Exchange.