Browse Categories

Featured Specials

Browse All

Featured Specials

Browse All

Terms and Conditions


OPERATIVE PART

1.       Definitions

Acceptable Use Policy means the definition contained under the ‘Acceptable Use Policy’ at clause 4(m).

Accessory Sizing Device means device used to measure size of your fingers when ordering/purchasing a ring. 

Account means an account created by a user of the Website, in order to utilise the Website Services. 

Client means a user of the Website who has created an Account pursuant to the Terms of Use.

Competition means a competition or giveaway conducted by ETLR in relation to the Website pursuant to clause 24.

ETLR (Enter the Locked Room) means the registered business entity under the Australian Company Number ACN 59 275 261 332.

Guest means an individual accessing ETLR’s Website whom has no preregistered Account with ETLR.

Measurements means garment and model measurements attached to Sale and Rental Items on the Website. 

Metropolitan Melbourne means determination contained in section 47AC and 47AD(2) of the Estates Agent Act 1980, being the recognised 31 local government areas. 

Privacy Policy means the Website’s privacy policy.

Rental Item means an item that may be rented from the Website pursuant to the Terms of Use.

Rental Period means the duration of time the Rental item(s) the consumer has agreed to rent from ETLR. 

Return Packaging means a pre-addressed shipping envelope, label and instructions delivered with a Rental Item to enable the Rental Item to be returned to ETLR. 

Sale Item means those items described in clause 15 of these Terms of Use. 

Same-Day Delivery Shipping means a delivery to be made on the same day that the order is placed pursuant to the Shipping and Delivery Terms.

Shipping Address means the address provided by the Client when creating their account pursuant to the Terms of Use and Shipping and Delivery Terms under clause 30. 

Shipping and Delivery Terms means the terms and conditions contained under the ‘Shipping and Delivery Terms’ section.

Terms of Use means the terms and conditions set out in these terms of use. 

The 4-Day Rental Period means the period in which a Rental Item is rented from the Website for a period of 4 days. 

The 8-Day Rental Period means the period in which a Rental Item is rented from the Website for a period of 8 days. 

Website means <enterthelockedroom.com.au>.

Website Services means those services as provided by the website from time to time. 

Winner means the person identified by ETLR for having won a Competition.

Winning Photo means the photo uploaded by the Winner in relation to or reference to a Competition.

 

2.       Website Terms of Use Overview 

(a)       Please read these Terms of Use before using this Website.

(b)       These terms and any attached documents describe the terms and conditions applicable to your access and use of the Website www.enterthelockedroom.com (‘the Website’). These Terms of Use are legally binding on you as the user(s) of the Website (referred to as “you”, “your” or “User” hereinafter).

(c)       ETLR offers exclusive styling services and access to both current, past and vintage pieces that have been, and are part of collections by exclusive fashion houses internationally and styled specifically by professional stylists on both a rental and or sale basis.

(d)       These Terms of Use (together with the documents referred to in it) tell you the terms and conditions on which you may make use of the Website, whether as a Guest or Client with an Account. Use of the Website includes accessing, browsing, or registering to use the Website.

(e)       Please read these Terms of Use carefully before you start to use the Website.

(f)        By using the Website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Website.

(g)       From time to time, ETLR may alter or revise these Terms of Use at any time by amending this page. It is the users responsibility to check and take notice of any changes ETLR may make, as they are binding on the user. 

(h)       ETLR may also update the Website from time to time, and may change the content at any time. Content on the Website may be out of date, and ETLR is under no obligation to update it. ETLR does not guarantee that the Website, or any content on it, will be free from errors or omissions.

(i)         By creating an Account and utilising the Website Services, you accept these Terms of Use and the website’s Privacy Policy. 

(j)         These Terms of Use may be amended at any time by ETRL at its sole discretion.

 

3.       Accessing the Website

 

(a)       ETLR does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. ETLR will not be liable to you if, for any reason, if the Website is unavailable at any time or for any period.

(b)       You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

(c)       ETLR does not represent that content available on or through the Website is appropriate or available in other locations. Enter The Locked Room may limit the availability of the Website to any person or geographic area at any time. If you choose to access the Website from outside of Australia, you do so at your own risk.

 

Your Account

 

(a)       You must create an Account with ETLR in order to utilize the Website Services. The Website Services available include but are not limited to the making and amending stylist appointments, sales of items, and renting items through the Website. 

(b)       There is no fee associated with creating an Account on the Website.   

(c)       The Website will require you to set up a client account with your name, address, phone number, email address, password and any further information requested by ETLR (your ‘Account’). 

(d)       By creating an Account, you expressly consent to electronic communications being provided to you. You are able to opt out of this at any time by requesting ETLR to do so. 

(e)       Upon making an Account and upon using the Website Services, you agree that your personal information provided is accurate and current. 

(f)        All personal details supplied on your account must remain accurate and up to date. 

(g)       You must be at least 18 years of age to create an Account. Any individuals under the age of 18 years must be represented by a parent or guardian over the age of 18 years.

(h)       If you create an Account and/or utilize the Website Services on behalf of a company or for any commercial or business purposes, you must have the authority to act in such a manner. 

(i)         You are solely responsible for maintaining the confidentiality of any passwords or account information and are solely responsible for all activities that are undertaken on your Account. 

(j)         If you are provided with a User ID, password or any other piece of information as part of ETLR’s security procedures, you must treat such information as confidential. You must not disclose it to any third party.

(k)       The Website authorises the use of third-party services (i.e. Facebook) to allow the user(s) to connect to your Account. You are personally responsible for maintaining the confidentiality of your Account information when using third-party services. You give us permission to access, store, and use your information from that service as permitted by that third-party service.

(l)         You are solely responsible for all information that you give to ETLR and any consequences that may result from your use of the Website Services. ETLR can at its discretion refuse, delete or take down content that it thinks is inappropriate or that it considers is in breach of these Terms of Use. 

(m)      You agree not to misuse any of ETLR’s Website services, engage in any and all activities prohibited by ETLR, nor assist or permit anyone else in doing so, including but not limited to the following:

(i)        intentionally accessing data for purposes other than for obtaining the Website Services;

(ii)       attempting to breach security or authentication measures without proper authorization or interfering with the Website Services;

(iii)      taking any action in order to obtain services to which the Client is not entitled; 

(iv)      assisting or permitting any persons in engaging in any of the activities described above;

(v)       engaging in any unsolicited advertising or marketing;

(vi)      engaging in any activities that violate any spam legislation; and/or

(vii)     using ETLR in connection with any unsolicited or harassing messages to staff or other users.

(n)       ETLR also may, at its own discretion, restrict a user’s usage of the Website Services either temporarily or permanently, or refuse a user’s registration. 

(o)       ETLR has the right to disable any Account or password at any time, if in its reasonable opinion you have failed to comply with any of the provisions of these Terms of Use or if your use of or access to the Account or Website Services may create detriment to ETLR or its business. 

(p)       ETLR may suspend or terminate your Account at any time if you have either: (i) misrepresented any aspect of yourself in any way; and/or

(ii)      you have failed, neglected or otherwise refused payment of an invoice provided to you for a period of no less than 14 days.

(q)       If you know or suspect that anyone other than you knows your Account password or has unauthorised access to your Account, you must promptly notify ETLR.

(r)        In the instance of any dispute relating to any invoice or your Account, you must notify ETLR within seven (7) days of such dispute, failing which you are taken to accept the invoice and or the issue/s relating to the dispute is taken to have been rectified. 

(s)       ETLR reserves the right to remove, amend or redact any information in your profile, if in ETLR’s opinion it is offensive or violates any terms within these Terms of Use. 

(t)        Access to the Website is restricted to the Client only. Allowing access to ETLR’s Website to third parties is strictly prohibited. 

5.       Warranty

(a) Any and all Rental or Sale items, and any Website services provided by ETLR are without any express or implied warranties.

(c)              ETLR acknowledges that nothing in these terms and conditions purports to modify or exclude any consumer guarantees under Australian legislation.

(d)              Subject to the Australian Consumer Law, ETLR does not guarantee the following:

(i)         Any content on ETLR’s website will be accurate, correct,

complete or reliable;

(ii)        Services provided by ETLR will be uninterruptedted and continuous; or

(iii)      Any suitability or quality of the items provided.  

6.       Intellectual Property Rights

(a)       ETLR is the owner of all intellectual property rights on the Website, and in the material published on it. Those works are protected, and all such rights are reserved.

(b)       Copyright of this Website (including but not limited to content, text, graphics, logos, pictures, code, scripts, algorithms, applets, audio, video and other materials) is owned and operated by ETLR. You must not adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from, any content of the Website; or commercialise any information, products or services obtained from any part of this Website without prior written permission from ETLR.

(c)       You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at ETLR’s option, return or destroy any copies of the materials you have made.

(d)       Unless expressly licenced by ETLR, you are strictly prohibited from reproducing, disseminating, creating derivations of, or publicly displaying any content on ETLR’s Website.

(e)       ETLR owns, or is the licensee to, all right, title, and interest in and to its applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any application and you will not remove, obscure, or alter ETLR’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any ETLR application. You will indemnify ETLR in full for any breach relating to ETLR’s intellectual property rights.

7.       Use of data

(a)       You authorise ETLR the right to use any data and/or information provided by you without any requirement to pay any fee or royalty. 

(b)       Use of this data may include any sub-licensing, reproduction and any adaption at the discretion of ETLR.

8.       User Generated Content

(a)       Any content you submit to the Website (including but not limited to content, text, graphics, logos, pictures, code, scripts, algorithms, applets, audio, data, software, chat, communication, review, video and other materials) is owned by ETLR to be used at its sole discretion. 

(b)       You grant and transfer ETLR a perpetual, irrevocable licence to any and all intellectual property rights to use, copy, delete, publish, amend, add, redact, adapt, change, distribute, sell, or incorporate into any medium or technology across any market in the world, without compensation, notice or consent to you.    

(c)       ETLR does not screen user generated content prior to posting on ETLR’s Website. ETLR releases itself from all responsibility arising from or associated with any User Content on ETLR’s Website. 

(d)       None of the content that you submit shall be subject to any obligation of confidence on the part of ETLR. 

(e)       You agree to accept liability for any claims, demands, damages, and reasonable legal fees, arising out of any violation of law or the rights of a third party due to the content you submit.  You further agree to indemnify ETLR from any and all loss associated with or connected to the content you upload.

(f)        ETLR reserves its rights to delete, remove, or amend any user generated content that breaches or is alleged to have breached these Terms of Use at its own sole discretion. 

(g)       ETLR reserves the right to refuse any and all submissions of any content for any reason.

(h)       You personally acknowledge that you are personally responsible and liable for any and all of content submitted to ETLR’s website.

(i)         You release ETLR and all staff, agents, executive, management, shareholders, and subsidiaries from any and all liability arising from or associated with any user generated content on ETLR’s Website. 

(j)         ETLR provides no guarantee that you will have any form of recourse to edit, amend, add or remove any content you submit to ETLR. 

(k)       When you submit any content to ETLR, you guarantee that:

(i)        You are not infringing any intellectual property rights.

(ii)       You waive any and all moral rights associated with the content;

(iii)      Any and all content posted is accurate; and

(iv)      The any content you submit will not be in breach or likely to breach these Terms of Use, nor will it or may it cause any injury or possible injury, disturbance, annoyance, or harassment to any natural persons or entities;

(l)         You guarantee that you will not post any content that:

(i)        Breaches any laws of the relevant jurisdiction;

(ii)       Is defamatory, injurious, discriminatory in any form, threatening, violent, harassing to any persons, corporations, associations or

entities; 

(iii)      Includes any information including, alluding or referencing other websites, addresses, emails, or contact information of other natural persons or entities; or 

(iv)      Contains any form of computer virus, macro virus, Trojan horse, worm damaging materials, files, software or programs, or any other materials that could adversely affect ETLR’s website. 

(m)      You agree and acknowledge not to use any robot, spider, scraper or other automated means to access ETLR’s website for any purpose, unless prior express written consent is obtained by ETLR. 

(n)       You acknowledge and agree that when you send or tag photos wearing any item belonging to ETLR, ETLR will be able to use this image for any promotional purposes in any form of online or print medium.

9.       No Reliance on Information 

Although ETLR make reasonable efforts to update the information on the Website, ETLR make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or upto-date.

10.     Limitation of Liability

(a)       To the extent permitted by law, ETLR exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

(b)       To the extent permitted by law, ETLR will not be liable to any Client for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(i)        use of, or inability to use, the Website; or

(ii)       use of or reliance on any content displayed on the Website.

(c)       To the extent permitted by law, ETLR will not be liable to any Client for any loss or allergic reaction, health-related issue, or damage resulting from any wear or use of any item acquired through the Website. 

(d)       If you use the Website for any commercial or business purposes or on behalf of a company, you agree that ETLR has no liability whatsoever to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

(e)       ETLR will not be liable for any loss or damage caused by any virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

(f)        ETLR assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by ETLR of those linked websites. ETLR will not be liable for any loss or damage that may arise from your use of them.

(g)       Under no circumstances is ETLR liable for a user suffering loss, damage, profit, loss, either indirectly or consequentially, by breaching the terms of these Terms of Use.

(h)       In the event of ETLR failing to enforce any provision contained within these Terms of Use, this failure will not be considered under any circumstances a waiver of the provision in question, nor will it affect the provisions validity, legality or availability to be enforced by ETLR.

11.     Viruses

(a)       ETLR does not guarantee that the Website will be secure or free from bugs or viruses.

(b)       You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

(c)       You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. ETLR will report any such breach to the relevant law enforcement authorities and ETLR will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

12.     Third Party Links and Resources

(a)       ETLR has no control over the contents of Third Party websites or resources, and does not accept any responsibility for the accuracy or maintenance of any third party website content.

(b)       Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information and convenience only, and provision of these websites or resources is not considered to be an endorsement or approval by ETLR. 

(c)       Any third party links are governed by their own terms of use and privacy policy, and you personally acknowledge and agree that any third party links are not affiliated with ETLR’s Terms of Use. 

(d)       ETLR does not accept liability for any loss, damage, or otherwise resulting from the use of any third party website or resource, including but not limited to any viruses, interruptions, or objectionable material associated with the third party website or resource. You agree that it is your responsibility to comply with the terms and conditions connected with any third party websites or resources.    

(e)       You personally agree and acknowledge that ETLR does not examine, assess or screen any content found within any third party links.

13.     Dealing with Advertisers

(a)       ETLR does not accept any responsibility or liability for any advertisements, or promotions contained in or associated with or the Website. You agree that any dealings or associations with any advertisers located through the Website are your solely responsibility, and ETLR does not accept liability for any loss or damage of any sort incurred as a result of any dealings (whether business or otherwise) between the client and any advertiser.       

(b)       Any advertisements or promotions contained in or associated with the  Website are not to be considered to be endorsed or approved by ETLR.   

(c)       You agree and acknowledge that the placement of any advertisements on  ETLR’s website does not convey or suggest an endorsement by ETLR of the advertiser’s website, goods or services.

14.     No Waiver

A provision of these Terms of Use or a right created under them may not be waived except in writing signed by ETLR.

15.     Sale Items 

(a)             ETLR acknowledges that nothing under this clause purports to modify or exclude any consumer rights under the Australian Consumer Law

(b)             A sale item is anything that is sold on the Website, including but not limited to, an accessory, garment, or fashion solution. ETLR will only accept return of sale items where there is a legitimate reason for return. A legitimate reason for return does not include:

(i)               Change of mind;

(ii)              Sizing; and/or

(iii)             Incorrect Colour.

 

(c)              All returns must be notified and returned within 24 hours of receipt of the package (sale and rental) and must be authorised prior to returning. The Authorisation process is as follows:

(i)               For            authorisation   of         return, contact support@enterthelockedroom.com.au, and explain and clarify any legitimate reasons as to why you are seeking to return the item(s). 

(ii)              Whereby authorisation is granted, you will receive a return number and follow the regular procedure of returns with the supplier Return Packaging, (which will be provided for all rental items only). 

(d)             All items require legitimate reason(s) for return, and any items that are sought to be returned without providing any legitimate reason that is assessed as adequate by ETLR, will not receive authorisation, nor in turn be accepted as a return eligible for a refund. ETLR reviews all returns and reasons for return at its sole discretion. 

(e)             Returned items must not be worn and must still have all relevant tags and labels attached.  

(f)               If it is determined by ETLR that a refund for an item is necessary, the refund amount will be returned via the payment mode used by the client upon payment of the item.  

(g)             Sale Items and Rental Items listed on the Website include garment measurements and model measurements to help you decide your appropriate sizing for each particular item. ETLR does not guarantee the accuracy of these measurements. 

(h)             Items may appear different colours, style, shape and design to what is depicted in photos on the ETLR website. ETLR in no way represents that any items are of a particular quality, colour, style, shape or design.

(i)               Price will be the current price at the time of booking, which will be charged immediately upon booking the garment.

(j)               Shipping costs will be incurred for all for sale items by you, and is included within the cost of the Sale item. 

(k)              Sale Item and Rental Item purchases cannot be combined. Sale Items will always be charged a separate shipping fee, unless expressly authorised by ETLR. 

(l)               ETLR does not accept any responsibility for any variation in sizing or the measurements of individual items received by you. 

(m)            Clients agree that it is their responsibility to refer to these measurements before purchasing or hiring items. 

(n)             Where an Accessory Sizing Device is shipped to you, this will be sent by regular post. 

(o)             Some Sale Items are unable to be returned for health and hygiene reasons. ETRL will notify you if a Sale Item cannot be returned. 

16.     Rental Items 

(a)       You acknowledge that ETLR’s has property and ownership over any and all Rental Items at all times.  

(b)       Rental Items may be booked up to 6 months in advance.

(c)       ETLR will professionally clean and deliver all items ready to wear, however, you acknowledge and agree that ETLR is released from all liability arising from or associated with any issues of any and all cleaning that affects the items appearance, style, shape, colour, design or feel of the item. 

(d)       ETLR reserves the right to place limits on Rental Items or purchase of any Rental Items, including the right to cancel, limit or prohibit any Rental Items or Sale Items under a single user account, credit card, payment method or Shipping address. 

(e)       Placement of an order to ETLR in no way guarantees any availability of a selected item. 

(f)        If you have placed an order to ETLR for an item, and this item subsequently becomes unavailable for whatever reason, ETLR will take all necessary steps to notify you and offer a refund or exchange. 

17.     Rental Guidelines

(a)       Only individuals over the age of eighteen (18) years of age may rent or purchase items, and by purchasing or renting an item you represent you are at least eighteen (18) years of age and authorised to make payments.  

(b)       Children under the ages of thirteen (13) are prohibited from using the Website, and parents of a minor cannot give consent to access this website  

(c)       Minors are able to be supervised by parents or legal guardian, yet will be held fully responsible for the minor’s use of the website.
 

18.     Rental Fees

(a)       Once your order is placed with ETLR, your selected credit card or payment method will be immediately charged for the cost of the selected item(s). 

(b)       The Rental Fee is inclusive of the rental value of the item, damage waiver charges, and tax, shipping costs and delivery charges. This is outlined on every invoice provided to users after purchase at check-out. 

(c)       The Rental Fee excludes all government assessments, local, state and national taxes, levies, customs, duties and associated fees, and sale tax. 

(d)       Once you reserve an item, no matter how far in advance, you will be charged at the time of reservation. 

19.     Return Procedure for Rental Items

(a)       Combined with your ordered items and delivery of the items, you will be supplied with a pre-addressed shipping label and bag as well as instructions as to how to return your items to ETLR.  

(b)       You must follow all instructions provided to you as to how to package each of the items. You must use the Return Packaging when returning items.

(c)       The Return Packaging must be returned by the latest 6.00pm on the last day of any return period, at any express post outlet.  

 

(d)       If you have not returned hired items on the allocated day or time frame specified by ETLR, you will be charged a full 4 days rental, unless as otherwise agreed to with ETLR.

(e)       In the event you have lost the Return Packaging, you have personal responsibility of returning the items at your own expense by the allocated return date. You must further supply ETLR with relevant tracking information.  

20.     Extension of Rental 

(a)       You have the option to extend the rental of any items ordered from ETLR dependant upon availability of the item and the duration of the extension requested.  

(b)       Any extension is at ETLR’s sole discretion.  

(c)       To make an extension for the item, you may either make a request via email or by phone call to ETLR.  

(d)       You will be required to make a pre-payment to continue the rental of the Rental item.  

21.     Cancellation of Rental Items

(a)       Where a Rental Item is cancelled more than 30 days out from a booking, 10% of the Rental item fee will be charged. 

(b)       Where a Rental Item is cancelled within 30 days, a 10% booking fee will be charged. 

(c)       Where a Rental Item is cancelled within 7 days, the full fee will be provided as a coupon code for use on a future Rental or Sale item. This is a one-time use code so must be used in its entirety at the time it is redeemed.

(d)       ETLR reserves the right to cancel or limit any order for a Rental Item, or Rental Items, for any reason.

22.     Return of Rental Items

(a)       For 4 day rentals, on the 4th day, you will need to return the garment in the supplied express post before 6.00pm. 

(b)       For 8 day rentals, on the 8th day, you will need to return the garment in the supplier express post before 6.00pm on such day.

(c)       In the event you have not returned any Rental Items by the last day of your respective rental, you will be charged an additional full 4 days rental of the item(s), unless as otherwise agreed to with ETLR. 

(d)       Any late fees will be incurred on the entire order, not each individual item. 

(e)       If the item is still not returned 14 days following shipment return date you will be invoiced 100% of the full retail value of the garment. 

(f)        If invoice to the Rental Item is not paid within 30 days, we reserve our rights to initiate legal proceedings against you to recover the amounts owing. 

(g)       In respect of all Rental Items, if the item(s) has/have been worn and is sought to be returned, you will receive no refund. Whether you have worn the item further will be determined by ETLR’s at its sole discretion. 

(h)       In the event you wish to swap a Rental Item for another item, you are able to do so at the sole discretion of ETLR and will incur a 25% swap fee calculated in the amount of the value of their first rental. 

(i)         You must ensure you return the Rental Item(s) by way of Express Post, and in the event you send by regular post or any other manner, you will be charged accordingly pursuant to clause 22(d).

(j)         In the event that you are not happy with the size of ETLR’s Sale Item or Rental Item, it may be returned to ETLR. Returns are conditional upon:

(i)               The relevant item must be returned to ETLR at PO Box 5056, Glenferrie South, Victoria 3122 within twenty-four (24) hours of the delivery of the item to the Shipping Address; 

(ii)              You agree that you will be charged a return fee of 50% of the total hire restocking fee for any and all items returned for a non-legitimate reason, including but not limited to the following:

(1)             Change of mind

(2)             Incorrect Sizing

(3)             Colour; 

(iii)             Any refund may take up to fourteen (14) business days to be processed (Australian Eastern Standard Time), and the processing time may differ depending on the mode or original payment and your bank.

23.      Personal Stylist Services

(a)       At any period prior to the Rental Period or during the Rental Period, you are able to book an appointment with our stylists via ETLR’s Website. 

(b)       Stylists are billed on an hourly rate as set by ETLR. 

(c)       Any items that are rented during a stylist appointment are governed by these Terms of Use. 

(d)       Stylist appointments may last for approximately 1 hour in duration.

(e)       In the event you are more than 15 minutes late for an appointment, ETLR cannot guarantee you will receive the full 1 hour appointment allocated to you, yet ETLR will endeavour to accommodate you where available.

(f)        In the event the stylist arrives late to the appointment, they will ensure you receive the full hour appointment. 

(g)       You may cancel your stylist appointment up to 72 hours in advance, whereby you will receive a full credit for the pre-paid fee of the stylist appointment. 

(h)       In the event you cancel your stylist appointment under 72 hours prior to the appointment, you will be charged the full stylist fee, irrespective of reason for cancellation. 

(i)         Stylist appointments are only currently available in Metropolitan Melbourne.  

(j)         Stylists may be engaged to attend your workplace or home to measure you and make appropriate recommendations as to garments that would suit you best, or suggest any accessories, hair and makeup. It is up to you how you would like to spend time with the stylist during your allocated appointment.  

24.     Competitions

(a)       ETLR may conduct competitions and giveaways on the Website at its discretion.

(b)       Unless otherwise stated, Competitions will utilise social media platforms such as Instagram or other third party applications and/or websites.

(c)       ETLR may change the Competition guidelines at any time, and it is the responsibility of the entrant to ensure they are complicit with all guidelines and terms and conditions associated with the relevant Competition(s). 

(d)       A Competition’s start date, end date, entry requirements, entry submission dates, judging criteria, winning entries, and prizes remain at the discretion of ETLR.  

(e)       You agree that eligibility to enter to a Competition is conditional upon:

(i)         the entrant must be over 18 years of age;

(ii)        the entrant must be a Client of the Website; 

(iii)      the entrant must hold an Account on the Website; and

(iv)      The entrant to any Competition must follow ETLR on all social media platforms including the following:  Facebook; Instagram; Twitter; and Snapchat. 

(f)        The winner of a Competition will be announced by ETLR, at its discretion. 

(g)       The Winner will be notified of their win via an email to the email address associated with the Client’s Account.  

(h)       The winner agrees not to cause the removal of their winning photo from Instagram for a period of twelve (12) months from the date the Winner is announced. If the Winner removes their Winning Photo from their Instagram

prior to the conclusion of the 12 months, they will not be eligible to enter any future Competitions. 

25.     Defects

(a)             Upon delivery of the Rental or Sale item(s), you shall inspect the item(s) and within 24 hours of receipt of the item(s) and notify ETLR by telephone or

(b)             email any purported defects, damage, incorrect order or quantity. You must allow ETLR to inspect the item(s) and alleged damage.  

(c)              If a defect is found, you will not further contribute to the defect of the item(s) including but not limited to altering, tailoring, sewing, patching, fixing, in any way cleaning, or interfering with the item(s) in any way. 

(d)             ETLR is not responsible for any defects that any and all Rental or Sale Item(s) sustain during transit, or delivery. 

(e)             ETLR shall not be liable for any defect, or any damage sustained to any and all Sale or Rental item(s), including but not limited to instances where: 

(i)         you have failed to properly maintain the item;

(ii)        continued using the item(s) after identifying a defect to a reasonable consumer;

(iii)      any reasonable wear and tear on the item(s);

(iv)      accident; and/or 

(v)       a force majeure.  

(f)               You personally acknowledge and agree you have an obligation to prevent and protect the items from any damage, loss, theft or stains.

(g)             You personally acknowledge and agree the damage waiver is included in the cost of any Rental Item to cover for reasonable ‘wear and tear’ of the item. 

(h)             Reasonable ‘wear and tear’ includes the following:

(i)               Small rips or tears;

(ii)        Minor stains;

(iii)      Missing or beads; 

(iv)      Broken, stuck or faulty zippers; and/or

(v)       Other minor repairable damages. 

(i)         Where an item is returned, and deemed beyond reasonable ‘wear and tear’, you will be charged for the price of repairing, cleaning, or replacing the entire

item in the amount of the full retail value of the garment in question, unless as otherwise determined by ETLR, at ETLR’s sole discretion. 

(j)         ETLR is released from all liability arising from or associated with the goods and services that have incurred damage, including but not limited to direct, indirect, incidental, special, consequential, or exemplary damages. 

(k)       Returns will only be accepted where:

(i)         ETLR agrees that the item is defective; 

(ii)        The item is returned within a reasonable time and at your own cost; and

(iii)      The item remains in the same condition it was delivered in.

26.     Item Sizing 

(a)       Sale Items and Rental Items listed on the Website include garment measurements and model measurements to help you decide your appropriate sizing for each particular item. ETLR does not guarantee the accuracy of these measurements. 

(b)       Clients agree that it is their responsibility to refer to these measurements before purchasing or hiring items. 

(c)       ETLR does not accept any responsibility for any variation in sizing or the measurements of individual items received by you.  

(d)       In the event that you are not happy with the size of ETLR’s Sale Item or Rental Item, it may be returned to ETLR. Returns are conditional upon:

(i)         The relevant item must be returned to ETLR at PO Box 5056, Glenferrie South, Victoria 3122 within twenty-four (24) hours of the delivery of the item to the Shipping Address; 

(ii)        You agree that you will be charged a return fee of 50% of the total hire restocking fee for any and all items returned for a non-legitimate reason, including but not limited to the following:

(1)             Change of mind

(2)             Incorrect Sizing

(3)             Colour; 

(iii)      Any refund may take up to fourteen (14) business days to be processed (Australian Eastern Standard Time), and the processing time may differ depending on the mode or original payment and your bank.

(e)       Where an Accessory Sizing Device is shipped to you, this will be sent by regular post. 

27.     Payments 

(a)       Payments may be made in the form of PayPal, After Pay (when available), Zip Pay (when/if available), or credit card through the Website. Unless otherwise stated, all prices listed on the Website are stated in Australian currency. 

(b)       In the event of any disputed invoice to or payment made from your Account, you agree to advise ETLR within 7 days of the invoice or transaction date by email via support@enterthelockedroom.com.au.

(c)       ETLR does not keep any credit card details on record once payments have been made. You agree to accept responsibility for the safety the security of your internet connection ETLR does not accept any responsibility or liability relating to the security of your internet connection or electronic device when processing payments.

28.     Default of payment and consequences thereof 

(a)       In the event any debt(s) are owed to ETLR by you, you agree to fully indemnify ETLR for all costs and disbursements incurred in recovering any and all debt(s) against you.

(b)       In the instance you fail to pay ETLR any amount for goods or services rendered to you, and you fail to make the appropriate payment within fifteen (15) days of a written request, ETLR reserve the right to initiate proceedings to recover the debt owing, inclusive of any interest and costs associated with such proceedings, without further notice to you. 

(c)       If you are in breach of any obligation under these Terms of Use, ETLR has the ability to repossess the items, and/or suspend or terminate supply of items to you.  

(d)       ETLR will not be liable to the User for any loss or damage the User suffers because of the ETLR has exercised its rights under this clause. 

(e)       ETLR is able to cancel all or any part of any order which remains incomplete. 

29.     Shipping and Delivery Terms 

(a)       You agree that delivery of items will be sent to the address provided by you when creating your Account (‘the Shipping Address’). It is your responsibility to ensure the Shipping Address is current. Should the Shipping Address be left unattended, you take all responsibility for the security of the item once the item reaches the Shipping Address. ETLR accept no liability for the item once it has arrived at the Shipping Address. 

(b)       For all Sale Items, shipping an item incurs a flat fee of $15.00 for all shipping other than Same-Day Delivery Shipping. If you order further Sale Items these may be shipped separately and you may incur an additional flat fee of $10.95 per additional item. 

(c)       Shipping costs are included in the price of all Rental Items. 

(d)       Clients may request that Rental Item(s) be delivered on the same day the order is placed (‘Same-Day Delivery Shipping’):

(i)         Same-Day Delivery Shipping is only available in the Melbourne Metropolitan area, as defined by section 47AC and 47AD(2) of the Estate Agents Act 1980.

(ii)        An order for Same-Day Delivery Shipping incurs a nonnegotiable flat fee of $50 and must be lodged before 11.00am the day it is required to be delivered. 

(iii)      ETLR reserves the right to refuse Same-Day Delivery for any order made after 11am the day it is requested to be delivered.     

(e)       For both Sale Items and Rental Items, shipping fees are included in the cost of the item. 

(f)        Any and all Same-Day Delivery Shipping will apply to Metropolitan Melbourne only. If you are outside of this area, same-day shipping cannot be undertaken by ETLR. 

30.     Dispute Resolution

(a)       In the instance you have any concern, we encourage you to contact the Support Services Team on support@enterthelockedroom.com.au and make a good faith sustained effort to resolve the dispute. 

(b)       Where unable to fully address the situation, please lodge a formal complaint in writing to our PO Box 5056, Glenferrie South, Victoria 3122. We will endeavour to respond to you within five (5) business days. Our Support Services team will respond to you in writing. 

(c)       Where you are still dissatisfied, our Operations Manager will engage you in an attempt to fully resolve the issue. 

31.     Class action waiver

(a)       You must bring a claim in an individual capacity, and any alleged class, group or similar proceedings are waived by you.

(b)       Any claim part of a class suit will be void and unenforceable.  

32.     Insurance 

(a)       Insurance over Rental Items is covered by ETLR for up to and including an initial $100.00 to cover repairs for minor accidental damage. 

(b)       Additional damage to Rental Items valued at more than $100.00 will be invoiced to the Client’s Account, in which the Client must pay the difference.     

(c)       If the Rental Item is returned to ETLR in a condition that is no longer usable, the Client’s Account will be invoiced for the full retail value of the Rental Item, valued at the time the Rental Item was rented. Whether or not the Rental Item is usable remains at the discretion of ETLR.     

(d)       The User holds the benefit of the User's insurance of the Apparel on trust for EntertheLockedRoom and must pay to EntertheLockedRoom the proceeds of any insurance in the event of the Apparel being lost, damaged or destroyed.

(e)       You agree that delivery of items will be sent to the address provided by you when creating your Account (‘the Shipping Address’). It is your responsibility to ensure the Shipping Address is current. Should the Shipping Address be left unattended, you take all responsibility for the security of the item once the item reaches the Shipping Address. ETLR accept no liability for the item once it has arrived at the Shipping Address. 

(f)        Shipping an item incurs a flat fee of $15.00 for all shipping other than SameDay Delivery Shipping.  

33.     Severability

If any part of these Terms of Use is illegal, invalid, void, unenforceable, that part will be deemed severable and will not affect the validity, operation, legality or enforceability of the remaining part of the provision or provisions which shall not be prejudiced, impaired or affected.

34.     Applicable Law

(a)       The Terms of Use, the Privacy Policy, its subject matter and its formation, are governed by Australian law. All parties agree and submit to the jurisdiction of the courts of the State of Victoria, Australia, and any dispute between parties shall be resolved within the state of Victoria.

(b)       You agree that any dispute will be addressed in the following process:

(i)         If you have a concern or complaint concerning the Website, Website Services, or in any way connected to ETLR, you agree to notify ETLR, by emailing your complaint to support@enterthelockedroom.com.au 

(ii)        If ETLR require further information to regarding the dispute, you agree to lodge a formal written complaint addressed to support@enterthelockedroom.com.au 

(iii)      ETLR will endeavour to respond to your formal written complaint within five (5) business days, Australian Eastern Standard Time. If you are dissatisfied with the response, you agree to contact our

Operations Manager to assist in the resolution of the dispute.   
   

36.   Force Majeure

ETLR is not liable for any loss or damage sustained by you that are due to any act of god, act of terrorism, strike, lock-out, industrial action, fire flood, storm, or other events beyond reasonable control.  

35.   Processing and Technical Errors

In the event of errors in processing, Website downtime or any other errors or delays caused to the Website as a result of unforeseen technical difficulties associated with servers, data hosting centre, internet service provider or any other reason, ETLR does not warrant to you that the Website will be available at all times or at any specific times nor is it responsible in the event a transaction is not processed due to processing errors or technical difficulties affecting the Website function. 

36.   Entire agreement

These Terms of Use constitutes the entire agreement between you and ETLR and supersedes all previous agreements, warranties, understandings and negotiations.