Terms and Conditions

1. Definitions
   1. “Accessory” means any accessory, handbag, clutch or other item/s supplied on hire by Clutched to the Client.
   2. “Business Day” means a day that is not a Saturday, Sunday or public holiday in the state of Western Australia.
   3. “Clutched” means (ACN 607165480) its successors and assigns.
   4. “Client” means the individual who accepts these Terms and Conditions. By checking the box labeled “I’ve read and accept the Terms and Conditions” and agreeing to these Terms and Conditions, the Client represents that he or she is eighteen (18) years or older and is authorised to use the chosen payment method (including, without limitation, credit cards) for the purpose of hiring the Accessory.
   5. “Damage” means any damage, depreciation, degradation (including, without limitation, a tear, mark, stain, discolouration or mechanism malfunction) or discernible harm whatsoever suffered by the Accessory during the Hire Period.
   6. “Delivery Date” means the date the Client has requested to receive the Accessory via Australia Post.
   7. “Dispatch Date” means the date the Accessory is sent by Clutched to the Client via Australia Post.
   8. “Hire Period” means the duration between the Delivery Date and the Return Date, inclusive of both.
   9. “Hire Fee” means the cost to hire the Accessory for the Hire Period as identified on Clutched’s website.
   10. “Replacement Cost” means the amount identified by Clutched as the full cost to replace the Accessory.
   11. “Return Date” means the date on which the Client must lodge return delivery of the Accessory to Clutched via Australia Post. This must be done over-the-counter at an Australia Post outlet (post boxes are to strictly not be used). Return lodgement must be done prior to 2.00pm AWST (or 11.30am AWST on Saturdays) on the Return Date.
2. Agreement of Hire
   1. In consideration of the Hire Fee and the Client’s acceptance of these Terms and Conditions (checking the box labeled “I’ve read and accept the Terms and Conditions”), Clutched agrees to supply the Accessory selected by the Client for the Hire Period.
   2. Any instruction or communication received by Clutched from the Client reasonably indicating the intent to proceed with the hire of an Accessory shall constitute acceptance of the Terms and Conditions. Acceptance shall have the effect of creating binding obligations between Clutched and the Client in accordance with these Terms and Conditions (“the Agreement”).
   3. Where more than one Client has entered into this Agreement, the Clients shall be jointly and severally liable for all of the Clients’ obligations under these Terms and Conditions.
3. Payment of the Hire Fee, Security and Refund of Security
   1. Upon the Client’s selection of the Accessory and acceptance of these Terms and Conditions, Clutched will process, using the Client’s credit card details:
      1. payment of the Hire Fee by the Client to Clutched, subject to these Terms and Conditions; and
      2. payment of the security fee for the Accessory, as nominated by Clutched. The security fee is to be paid as security for the return of the Accessory to Clutched in its original condition without defect in accordance with these Terms and Conditions (“Security Fee”). Within three (3) business days of receiving the Accessory (in the same condition in which it was made available to the Client), Clutched will process a refund of the Security Fee using the same details as which the Security Fee was paid.
   2. Full payment must be made prior to the Dispatch Date. If for any reason whatsoever Clutched is unable to successfully process the payment of the Hire Fee and the Security Fee, the Agreement will be cancelled automatically without notice and Clutched will have no obligations whatsoever to the Client under the Agreement.
   3. Unless otherwise agreed in writing, payment may only be made by the method specified by Clutched on its website.
   4. All prices on Clutched’s website are in Australian Dollars (AUD).
4. Delivery & Returns
   1. The Client agrees that payment of the Hire Fee and Security Fee is due at least one (1) clear business day before the Dispatch Date.
   2. Delivery and return postage is free of charge.
   3. Delivery of the Accessory to the Client shall be deemed to have taken place when the Accessory is delivered to the Client’s nominated delivery address. If no one is present at the time of delivery, Australia Post will follow their ordinary procedures that apply in those circumstances, usually involving the leaving of a card advising the location of the nearby Australia Post facility at which the parcel is available for collection. Collection of the parcel usually requires production to Australia Post of the card, proof of identity (with signature) and address. Agent authorisation is necessary when requiring a person other than the Client to collect the parcel.
   4. Any delivery time or date given by Clutched to the Client is an estimate only. The Client is deemed to accept delivery of the Accessory even if it is received later than the Delivery Date. Clutched will not be liable for any loss or damage incurred by the Client as a result of the delivery being late. In specifying the Delivery Date, it is the Client’s responsibility to allow for unforeseen delays which might arise.
   5. The Client agrees to return the Accessory to Clutched following these instructions (also specified in the “How it Works” section on Clutched’s website):
      1. Place the Accessory inside its original packaging (dust bag and box) and into the enclosed prepaid Australia Post Express Post satchel.
      2. Lodge the package over-the-counter at an Australia Post outlet (post boxes are to strictly not be used). Return lodgement must be done prior to 2.00pm AWST (or 11.30am AWST on Saturdays) on the specified Return Date.
      3. Retain the tracking number on the postage satchel, as well as the lodgement receipt issued to the Client by Australia Post upon over-the-counter lodgement.
   6. If the Accessory has not been received by Australia Post by 2.00pm AWST (or 11.30am AWST on Saturdays) on the Return Date, Clutched shall be entitled to charge additional Hire Fees until such time as the Accessory is received by Australia Post. Additional Hire Fees for which the Client is liable shall be equivalent to the daily fee that applies to the hire of the Accessory for each day that the Accessory has not been received after the Return Date (“the Additional Fees”).
   7. The Client acknowledges and agrees that the Additional Fees are a reasonable estimate made at the time of entering into the Agreement of the anticipated loss that Clutched will suffer by reason of the late return of the Accessory.
   8. If, for any reason whatsoever, Australia Post or Clutched has not received the Accessory by the time that the amount chargeable as Additional Fees is greater than the Replacement Cost, the Client shall then be liable to forfeit to Clutched. Even if the Accessory does ultimately arrive back to Clutched, as compensation for the late return of the Accessory, Clutched shall be entitled to the returned Accessory and all additional charges.
5. Risk
   1. Clutched retains ownership of the Accessory during the Hire Period but all risk therein passes to the Client immediately upon delivery until it has been received by Australia Post on the Return Date.
   2. The Client accepts full responsibility for the safekeeping and return of the Accessory to Clutched in the same condition as which it was received.
   3. If the Accessory sustains any Damage (no matter how it is sustained or the extent to which it is sustained) and Clutched assesses (in its sole discretion) that the Damage can be repaired, Clutched can deduct from the Security Fee and keep the cost of repair that it incurs. Or, if the Accessory is considered by Clutched to be incapable of economical repair, Clutched can elect to charge the Client up to the full Replacement Cost of the Accessory as compensation for its loss suffered.
   4. If the Client notices any damage to the Accessory upon receiving it, the Client should immediately photograph the damage and notify Clutched by email at info@clutched.com.au prior to using the Accessory. If the Client does not provide photographs of any damage prior to using the Accessory, the Client assumes responsibility for the damage.
6. Cancellation
   1. If the Client cancels the Agreement prior to the Accessory being dispatched for delivery and prior to Clutched parting with possession thereof, the Client shall be entitled to a refund of 50% of the Hire Fee and a full refund of the Security Fee. The remaining 50% of the Hire Fee shall be retained by Clutched as compensation for the cancellation of the Agreement (“the Cancellation Fee”). The Client acknowledges and agrees that the Cancellation Fee is a reasonable estimate made at the time of entering into the Agreement of the anticipated loss that Clutched will suffer by reason of the cancellation of the Agreement.
   2. Clutched shall be entitled to cancel this Agreement at any time, and is not required to disclose the reason to the Client. If Clutched chooses to do so and such cancellation occurs through no fault of the Client, Clutched will refund any sum that has by the time of cancellation been paid by the Client by way of the Hire Fee or the Security Fee. Clutched shall otherwise have no liability to the Client by reason of the cancellation of the Agreement or at all.
7. Client’s Responsibilities
   The Client must:
   1. not hire any Accessory for anyone other than themselves;
   2. ensure that all personal information given to Clutched is true and correct;
   3. treat with utmost care and keep the Accessory in his or her own possession and control throughout the Hire Period;
   4. not alter, temporarily or permanently, nor make any additions to the Accessory;
   5. by no later than 2.00pm AWST (or 11.30am AWST on Saturdays) on the Return Date, lodge return delivery of the Accessory to Clutched via Australia Post. This must be done over-the-counter at an Australia Post outlet (post boxes are to strictly not be used).
8. Default and Consequences of Default
   1. The Client is liable for any costs incurred by Clutched in protecting its rights under this Agreement or in recovering any sums owed under the Agreement or by reason of any breach thereof, including all legal costs, on a full indemnity basis.
   2. Clutched shall be entitled to interest at the rate of 10% per annum on any sum owed under this Agreement or by reason of any breach thereof for the duration that such sum is outstanding.
9. Privacy
   1. By entering into this Agreement the Client consents to Clutched obtaining from the Client personal information such as, inter alia, residential address and credit card details, and also from a credit reporting agency, a credit report containing personal credit information about the Client in relation to credit provided by Clutched.
   2. The Client agrees that personal information provided may be used and retained by Clutched for the following purposes:
      1. the hire of the Accessory to the Client; and/or
      2. analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the Accessory hire; and/or
      3. processing of any payment, direct debit facilities and/or credit facilities by the Client pursuant to the Agreement or as requested by the Client; and/or
   3. If the Client does not provide all the personal and credit card information required by Clutched, Clutched will not be required to supply the Accessory to the Client and shall otherwise have no obligations to the Client under this Agreement or at all.
   4. Clutched may give information about the Client to a credit reporting agency for the following purposes:
      1. to obtain a consumer credit report about the Client;
      2. to allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
   5. The Client can access or amend their personal information and make an inquiry or complaint about the way Clutched has handled their personal information by emailing Clutched at the following email address: info@clutched.com.au
10. General
    1. If any provision of this Agreement shall be invalid, void, illegal or unenforceable it will be severed from this Agreement, and the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    2. This Agreement shall be governed by the laws of Western Australia and is subject to the jurisdiction of the courts of Perth, Western Australia. The Client waives any right he or she may have for a change of venue selected by Clutched with respect to any court proceedings between the Client and Clutched.
    3. These Terms and Conditions constitute the entire agreement between the parties and shall not be modified unless authorised in writing by Clutched.
11. Defects, Warranties, Returns, Competition and Consumer Act (CCA) and Fair Trading Acts (“FTA”)
    1. The Accessory is hired by the Client at the Client’s own risk.  Except as expressly set out in this Agreement, Clutched makes no representation nor gives any warranty including but not limited to matters concerning the quality or suitability of the Accessory for the purpose intended by the Client. Clutched’s liability in respect of these warranties is limited to the fullest extent permitted by law.
    2. Clutched shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
       1. the Client failing to properly maintain or store the Accessory;
       2. the Client continuing the use of the Accessory after any defect became apparent or should have become apparent to a reasonably prudent user.
    3. Clutched shall have no liability whatsoever to the Client for any direct, indirect and/or consequential loss and/or expense (including but not limited to loss of profit) suffered by the Client arising out of a breach by Clutched of this Agreement.
    4. Clutched shall have no liability whatsoever to the Client for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond its reasonable control.
    5. The Client agrees to indemnify and hold harmless Clutched and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities and all costs and expenses, including but not limited to legal fees, resulting directly or indirectly from a claim by a third party that arises by reason of this agreement with the Client.
    6. 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.