ABN: 84 811 523 175
- “Spritz Lane” (SL) means Spritz Lane who will be supplying the item / accessory to the customer to hire.
- “Item” or “Accessory” means all item(s) or Accessory(s) supplied by Spritz Lane to the customer.
- “Business Day” means a day this is not a Saturday, Sunday or Public Holiday anywhere in Australia.
- “Customer and/or Client” means the individual who is hiring out the item supplied by Spritz Lane over the age of 18, and accepts the Terms and Conditions (by both; checking the box that stated that the Customer accepts, AND a signature of hiring the item.
- “Damage(s/d)” means any damage including, but not limited to a stain, mark, scratch, tear, discoloration/changes to the original colour, faultiness caused to the item during the hire period, whilst in the possession of the Customer.
*Note; that all Customers will be supplied with photographic evidence of the items current condition prior to the hire.
- “Debt Collectors” means any insurer, debt collection agency, or legal authority, which Spritz Lane has retained to collect any outstanding fees owed by the Customer.
- “Delivery Date” means the date in which the Courier, or Australian Postal Service attempts to make the delivery of the item to the Customer.
- “Dispatch Date” means the date that the item is posted to the customer.
- “Hire Period” means the duration between delivery date and the return date.
- “Hire Fee” means the cost to hire the item for the duration of the hire period.
- “Additional Daily Fee” & “Additional Costs”
i. means the cost of any additional day with the hire period
ii. means additional costs incurred or negotiated with Spritz Lane for extensions, and inconveniences.
- “Insurer” means a licensed insurance company
- “Payment” / “Payment Card” means Mastercard, Visa, American Express, PayPal, Afterpay OR any other payment method approved by Spritz Lane
- “Penalty Fee” means any amount owing for; a stolen, missing or damaged item and/or the item being returned after the return date
- “Personal Details” means any personal information which includes, but is not limited to copy of a driver’s license, passport or identification card, full name, date of birth, address, phone number, rates or utility notice, email address and card payment details, which the Customer has registered onto Spritz Lane’s website.
- “Return Date” means the date in which the customer must lodge the delivery of the item with the elected Courier service or Australia Post. It also means the date in which the Customer must provide Spritz Lane a tracking number to show proof of the lodgement.
- “Third Party” means anyone other than Spritz Lane and or it’s representative and the Customer – this includes, but is not limited to a friend, family member, acquaintance or unknown persons.
2. Agreement Of Hire
- An agreement of Hire is formed once the Customer accepts the Terms and Conditions and makes payment of the hire fee. Effectively, Spritz Lane will then agree to supply the item to the Customer for the hire period.
- The agreement of hire subsequently binds Spritz Lane and the Customer to obligations of the Terms and Conditions.
3. Payment Of Hire Fee
- 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).
- 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 Spritz Lane will suffer by reason of Cancellation.
- The customer acknowledges and agrees that Spritz Lane will keep the Customer’s personal details confidential, except in the following circumstances;
- In the event that there are debts owing for a stolen and/or damaged item, Spritz Lane will keep the Customer’s personal details until all and any penalty fees are paid in full.
- If the Customer has any unpaid fees such as; additional daily fee, damage fee etc – Spritz Lane will bill the owing amount to the Customer, or consider an alternative method of payment to settle any outstanding debt owed to Spritz Lane.
- The Customer acknowledges and agrees that Spritz Lane can and will use the Customer’s personal details id the Customer is in breach of the Agreement of Hire which may include, but is not limited to the following;
- Damage(s) caused to the item;
- Stealing the item;
- Returning the item after the return date; and
- Any cancellations that render a penalty.
- If the item is returned with damages that exceeds normal wear and tear, Spritz Lane reserves the right to bill the customer the cost of repairing the item.
- A penalty fee may be charged to cover any lost earnings due to damages that require repairing.
- A tax invoice will be emailed to the customer, bulling any extra incurred costs. Spritz Lane will bill the nominated credit card within 24 hours after the issue of the tax invoice.
- In the instance the credit card cannot be billed, Spritz Lane will contact the Customer to organize a suitable alternative, including a repayment plan.
- Spritz Lane will make one attempt to contact the client to organize a repayment plan.
5. Stolen Or Unreturned Goods
- In the event that the Customer or any third party has stolen, lost of has not returned the item, Spritz Lane 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 Spritz Lane isn’t able to charge the Customer’s card, Spritz Lane will commence debt recovery action against the Customer unless stated otherwise.
- Where Spritz Lane is satisfied with the Customer has stolen the item, Spritz Lane will provide the Customer’s personal information to the Police and/or Debt Collector for prosecution.
- In the event that the Customer is able to locate and return the item after it has been stolen or lose, the Customer will be refunded the full value of the item provided that Spritz Lane is satisfied (at its sole discretion) that the following is evident;
- That the item has not been damaged in any way;
- That the item has been authenticated and proves to be the same item; Identified by Datadot DNA ID impregnated into the hire item and;
- That the Customer has provided a truthful statement of how the item was located. The customer however will be charged a penalty fee, and an additional $50.00 AUD for every late day after the agreed return date.
- In the event that the stolen item has been returned and is damages, Spritz Lane will also charge the Customer a Penalty Fee, pursuant to Clause 4 of these Terms and Conditions.
- Where the full value of the item is not available to be paid in full by the Customer, Spritz Lane will make one attempt to organize a payment plan – as noted in Clause 4 of these Terms and Conditions.
- The Customer is liable if the bag is not returned in the same condition that it was received.
- Items will be sent via Express Registered Australia Post, or other agreed Courier Service and a signature is required on delivery.
- Shipping is free.
- The Delivery Date is to be specific by the Customer to Spritz Lane.
- The Customer will receive an email notification when the item has been dispatched, with a tracking number and estimated delivery date and time.
- The delivery is deemed to have taken place when the item is recorded as having been delivered to the Customer’s nominated address. If the Customer is not present at the time of delivery, a postage notification will be left for the Customer to collect and sign for the item at the nearest Post Office or nominated collection location.
- All orders must be placed at least 48 hours before required delivery day, depending on delivery address, shorter notice in Newcastle, Hunter Valley, Central Coast & Sydney may be possible.
- Delivery is Australia wide to both valid residents and business addresses, in major cities and rural areas.
- A tracking number will be provided to the Customer for both dispatch and return satchels.
- The fastest method of shipping is applied to ensure you receive your item(s) by 8pm on the specified date.
- Delivery will take place on weekdays only. *Unless pre-arranged or negotiated with Spritz Lane.
- The Customer must make all arrangements necessary to take delivery of the item whenever tendered for delivery.
- The item will not be left unattended and the Customer will be required to sign for collection at a Post Office or nominated collection location. (*Note; Not all Post Offices provide Saturday Services, so if you request a Friday delivery, the Customer must ensure there is someone to accept the delivery or be able to present at the designated Post Office or nominated collection location to collect your item to avoid disappointment.)
- Any delivery date given by Spritz Lane to the Customer is an estimate only. Spritz Lane will not be liable for any loss or damage incurred to the Customer as a result of the delivery being late.
- The Customer is required to inspect the item on the date of delivery and inform Spritz Lane of any damage or failure to comply with the expected standard of the item.
- The return date is the final date of the booked period.
- The Customer agrees to return the item to Spritz Lane following the instructions given.
- Place the hired item inside it’s original packaging provided (eg: dust bag & box) and into the enclosed satchel provided.
- Lodge the package over-the-counter at an Australian Post outlet (*Note; post boxes are STRICTLY not to be used). Returns must be completed prior to 1600hrs EST, (or 1130hrs EST on Saturday’s) on the specified return date.
- Retain the tracking number on the postage satchel, as well as the receipt issued to the Client by Australia Post upon the over-the-counter lodgment.
- If the item has not been received by Australia Post by 1600hrs EST (or 1130hrs EST on Saturday’s) on the return date, Spritz Lane shall be entitled to charge additional hire fee’s until such time as the item is received by Australia Post. Additional hire fees for which the Customer is liable shall be $50.00AUD per day that applies to the hire of the item and for each day that the item has not been received after the Return Date (“the additional fees”);
- The Customer 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 Spritz Lane will suffer by reason of the late return of the item.
- For any reason whatsoever, Australia Post or the elected Courier Service for Spritz Lane has not received the item by the time that the amount chargeable as additional fees is greater that the replacement cost, the Customer shall then be liable to forfeit the full retail value of the item to Spritz Lane. Even if the item does ultimately arrive back to Spritz Lane as compensation for the late return of the item, Spritz Lane shall be entitled to the returned item and all additional charges.
- Spritz Lane retains ownership of the item during the hire period but all risk therein passes to the Customer immediately upon delivery until it has been received by Australia Post, or the nominated Courier Service on the return date.
- The Customer accepts full responsibility for the safekeeping and return of the item to Spritz Lane in the same condition as which it was received.
- Where an item has been returned with Damage(s), Spritz Lane will charge a Penalty Fee and bill the Customer for the costs.
- If the Customer notices any damage to the item upon receiving it via Australia Post, or the nominated Courier Service based on the dispatched item report, the Customer should immediately photograph the damage(s) and notify Spritz Lane prior to using the item. If the Customer does not provide photographs along with written evidence of any damage(s) prior to using the item, the Customer assumes responsibility for the damage(s).
- All or any cancellations must be made by the Customer 48 hours prior to the dispatch date;
- Where cancellations are made less than 48 hours prior to the dispatch date and the item has already left Spritz Lane’s place of business, 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.
- Regardless of whether the Customer chooses to use or not use the item, the Customer will be charged the Hire Fee.
- If the Customer decides to cancel more than 48 hours, but less than 7 days prior to dispatch date, 50% of the hire fee will still be held and charged by Spritz Lane.
- If the Customer decides to cancel more than 7 days, but l less than 14 days prior to dispatch, 25% of the hire fee will be held and charged by Spritz Lane.
- All Cancellations will forfeit a minimum 25% of the hire fee.
- Where Cancellations are made less than 48 hours prior to the Dispatch Date and the item has not left Spritz Lanes place of business, or vicinity, the Agreement of Hire will cease and the Customer will be refunded 50% of the Hire Fee.
10. Customers Responsibilities
The Customer shall;
- Not hire or loan the item to a third party.
- Not leave the item in the care of a third party.
- Notify Spritz Lane of any damage(s) to the item that occurs during the agreement.
- Ensure that the item is not lost of stolen by themselves or a third party.
- Not attempt to clean or repair the item themselves.
- Return the item in accordance with Spritz Lanes re-packaging & postal instructions.
- Return the item by the agreed return date.
- Pay any penalty fees that are incurred over the course of the agreement.
- By entering into this agreement, the Customer consents to Spritz Lane obtaining from the Customer personal information such as, inter alia, residential address and credit card details, copy of Drivers License or Passport or Government approved identification.
- The Customer agrees that personal information provided may be used and retained by Spritz Lane for the following purposes;
- The hire of the item to the Customer; and/or
- Analyzing, verifying and/or checking the Client’s personal credit history, payment and/or status in relation to the item hire; and/or
- Processing of any payment, direct debit facilities and/or credit facilities by the Customer pursuant to the Agreement or as requested by the Customer.
- If the Customer does not provide all the personal and credit card information required by Spritz Lane, Spritz Lane will not be required to supply the item to the Customer and shall otherwise have no obligations to the Customer under this Agreement – or at all.
- The Customer can access or amend their personal information in their Customer profile, and make an inquiry or complaint about the way Spritz Lane has handled their personal information by emailing Spritz Lane at the following email address; firstname.lastname@example.org
- If any provision of this Agreement shall be invalid, void, illegal or unenforceable it will be served from this Agreement, and that validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- This Agreement shall be governed by the law of NSW Australia and it subject to the jurisdiction of the courts of New South Wales, Australia. The Customer waives any right he / she, or them may have for a change of venue selected by Spritz Lane with respect to any court proceedings between the Customer and Spritz Lane.
- These Terms and Conditions constitute the entire agreement between parties and shall not be modified unless authorized in writing by Spritz Lane.
Defects, Warranties, Returns, Competitions And Consumer Act (Cca) And Fair Trading Acts (“FTA”)
- The item is hired by the Customer at the Customer’s own risk. Except as expressly set out in this Agreement, Spritz Lane makes no representation or gives any warranty including but not limited to matters concerning the quality or suitability of the item for the purpose intended by the Customer. Spritz Lane’s liability in respect of these warranties is limited to the fullest extent permitted by law.
- Spritz Lane shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of;
- The Customer failing to properly maintain or store the item.
- The Customer continuing the use of the item after any defect became apparent or should have become apparent to a reasonably prudent user.
- Spritz Lane 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 Customer arising out of a breach by this agreement.
- Spritz Lane shall have no responsibility whatsoever to the Customer for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, pandemic or other event beyond reasonable control.
- The Customer agrees to indemnify Spritz Lane and hold harmless it’s 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 Customer.
- 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 of those Acts of re-enactment thereof), except to the extent permitted by those Acts where applicable.