Terms & Conditions
This website is owned and operated by Bump Style, ABN 9388 987 4278, trading as Bump Style (“we”, “our”, “us”). The site, its content (including but not limited to the design of the website, images, photographs, text, graphics) and associated material on the website are copyrighted to Bump Style.
You are permitted to view, copy, print, and distribute the information within this website, subject to:
The permission above does not include the permission to copy the design elements, look and feel or layout of this website.
- Your use of information is for informational, personal and non-commercial purposes only
- You will not modify the information or graphics
- You will not copy or distribute graphics separate from their accompanying text and will not quote materials out of their context
- You agree that Bump Style may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from Bump Style.
The permission above does not include the permission to copy the design elements, look and feel or layout of this website.
COLLECTION OF INFORMATION
Information is collected from you primarily to bring you a more personalised shopping experience on our services. By registering with Bump Style, you are consenting to the collection of your personal information.
When you place an order with us, we are required to obtain your personal information including, but not limited to, your name, email address, phone numbers, residential address, shipping address and payment method details. This information is collected in order to process and fulfil your order request.
We collect and use email addresses and mobile numbers when you order from the site so that we can send you any necessary email and text messages related to your order – such as an order confirmation notice and a reminder of an overdue item.
We may use the information to assist in providing you with relevant information about our products, special offers that may be of interest to you. If you do not wish to be contacted for these purposes, you can send an email to firstname.lastname@example.org with ‘UNSUBSCRIBE’ in the subject heading.
We record data regarding customer activities on our website to analyse data about web page traffic. This assists us to improve our website to tailor it to our customers’ needs.
PRIVACY OF CHILDREN ON OUR WEBSITE
Our website is intended for users who are 13 years of age and above. If you are under the age of 13, you are not permitted to submit any personal information to our site and are restricted from using our site entirely. We will not knowingly collect any information from any person below the age of 13.
SALE OF ASSETS
In the event that Bump Style or substantially all of its assets are acquired, customer information will of course be one of the transferred assets, and by submitting your personal information on the site, you agree that your information may be transferred to such parties in these circumstances.
LINKS TO THIRD PARTIES SITES
You assume all risks concerning the suitability and accuracy of the information within this website. The website and publications may contain technical inaccuracies or typographical errors. Bump Style assumes no responsibility for, and disclaims all liability for, any such inaccuracies, errors or omissions in the website.
STORAGE OF COLLECTED INFORMATION
The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about security on our Website, you can email us at email@example.com.
When renting or purchasing from Bump Style your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is the current industry standard.
Bump style uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments.
• Payments are fully automated with an immediate response.
• Your complete credit card number cannot be viewed by Bump Style or any outside party.
• All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
• eWAY is an authorised third party processor for all the major Australian banks.
• eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Bump Style.
When purchasing from [Company name] your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre [company email address]
TERMS & CONDITIONS
1.1 “Bump Style” (“we”, “our”, “us”) means Bump Style (ABN 9388 987 4278), its successors and assigns or any person acting on behalf of and with the authority of Bump Style.
1.2 “Services” means the Bump Style website located at bumpstyle.com.au (the “Site”) and related services including Bump Style’s rental services and its content (the “Content”).
1.3 “User” (“client”, “customer”, “you” or “your”) means the User or any person acting on behalf of and with the authority of the User.
1.4 “Apparel” means all Apparel (including any fashion accessories e.g. dresses) supplied on hire by Bump Style to the User (and where the context so permits shall include any incidental supply of services). The Apparel shall be as described on any invoices or other documentation provided by Bump Style to the User.
1.5 “Rental Period” means the 4 or 8-day period that the User booked the Apparel for - starting from the day the Apparel is delivered to the User’s delivery address, to the day the Apparel is supposed to be dropped in mail by the User, as shown on Bump Style’s website.
1.6 “Rental Price” (“price”) means the cost of the hire of the Apparel as agreed between Bump Style and the User subject to clause 4 of this contract.
1.7 “Rental Return Due Date” means the date the Apparel is expected to be back at Bump Style premises. The Rental Return Due Date is calculated to be within 2 to 3 business days from the end of Rental Period, depending on the User’s location.
. The Commonwealth Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
2.2 Where the User hires Apparel as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
3.1 Any instructions received by Bump Style from the User for the hire of Apparel and/or the User’s acceptance of Apparel supplied on hire by Bump Style shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one User has entered into this agreement, the Users shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the User the terms and conditions are irrevocable and can only be amended with the written consent of Bump Style.
3.4 The User shall give Bump Style not less than fourteen (14) days prior written notice of any proposed change in the User’s details (including but not limited to, changes in the User’s address, facsimile number, or business practice). The User shall be liable for any loss incurred by Bump Style as a result of the User’s failure to comply with this clause.
3.5 Apparel is supplied by Bump Style based only on the terms and conditions of hire herein to the exclusion of anything to the contrary in the terms of the User’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of hire.
4. Price and Payment
4.1 The Price shall be Bump Style’s current Price, at the date of delivery of the Apparel, according to Bump Style’s current Price list as detailed on Bump Style’s website.
4.2 Bump Style reserves the right to change the Price in the event of a variation to the User’s requirements.
4.3 At Bump Style’s sole discretion a deposit may be required.
4.4 At Bump Style’s sole discretion a bond may be required which shall be refunded upon return of the Apparel in a condition acceptable to Bump Style.
4.5 At Bump Style’s sole discretion payment shall be due before delivery of the Apparel. 4.6 Payment may only be made by credit card (Amex, Mastercard and Visa accepted) or by any other method as agreed to between Bump Style and the User.
4.7 Receipt by Bump Style of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
4.9 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4.10 All Prices on our website are denominated in Australian Dollars and are inclusive of GST as at 1 October 2016.
5. Rental Period and Late Fees
5.1 Rental period shall commence from when the User (or a third party nominated by the User) signs the Courier’s delivery receipt and shall continue until the Apparel is dropped in the mail.
5.2 Where Apparel has not been returned to Bump Style by the Rental Return Due Date then Bump Style shall be entitled to charge additional hire fees until the Apparel is returned to Bump Style and the User expressly authorises Bump Style to deduct such additional hire fees from the User’s credit card which was provided at the time of placement of the User’s order. Such additional charges shall be charged a fixed fee of $30 for each day overdue.
5.3 When counting overdue days Bump Style shall not count either Sundays or Public Holidays when the post office is closed as being part of the overdue period.
5.4 If the User pays Bump Style an amount equal to 150% of the recommended retail value in late fees and the User still has the item(s) in their possession, the item(s) is The User’s to keep.
5.5 If the User has not returned the rental item(s) within 15 days after the return date, Bump Style will consider the rental item(s) as non-returned and will charge the User’s credit card 150% of the recommended retail value minus the rental and late fees that the User has already paid.
6. Delivery of the Apparel
6.1 At Bump Style’s sole discretion delivery of the Apparel shall be deemed to have taken place when the Apparel is delivered to the User’s nominated delivery address and the User (or a third party nominated by the User) has signed the delivery receipt.
6.2 The delivery fee is included in the price for all rental orders excluding Try On orders. Try On orders are $30 to cover delivery fees and business costs.
Bump Style’s will use the best available courier/delivery rate available for your location. Standard delivery method is next day delivery, within the courier network only. If the User’s location is outside of the standard courier network, it will take more than one business day ( exact time will be advised to the User, with average delivery being 5 days) and Bump Style has no control over this.
Same Day Delivery is also available for Users in the Melbourne metro area (within 20km of Melbourne CBD). In the event that the User requests Same Day Delivery, the User will incur additional Fifteen Dollars ($15). At its sole discretion, Bump Style may change these delivery fees. Same Day Delivery is available between 9am - 3pm, Monday through Friday.
6.3 The User shall make all arrangements necessary to take delivery of the Apparel whenever tendered for delivery. In the event that the User is unable to take delivery of the Apparel at the nominated delivery address and for any reason Bump Style is required to redeliver the Apparel then Bump Style shall be entitled to charge a reasonable fee for the redelivery.
6.4 Any delivery time or date given by Bump Style to the User is an estimate only. The User must still accept delivery of the Apparel even if late and Bump Style will not be liable for any loss or damage incurred by the User as a result of the delivery being late.
7.1 Bump Style retains property in the Apparel nonetheless all risk for the Apparel passes to the User on delivery.
7.2 The User accepts full responsibility for the safekeeping of the Apparel.
7.3 Bump Style offers free damage insurance to the value of fifty dollars ($50) to cover minor damage or staining. For minor damage and/or staining if Bump Style assesses (at its sole discretion) that the cost of repairs will be over fifty dollars ($50), then the User will be required to pay the difference (e.g. if the repair cost is one hundred dollars ($100), then Bump Style will require the User to pay fifty dollars ($50).
7.4 If the Apparel gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the User then the User will be liable to pay for replacement of the item. In assessing the replaceable value, Bump Style will take into account, the demand of that dress in the market, the availability to purchase that dress in the market, the condition of the dress, and the rental fee that the User has already made.
8. Title to Hired Apparel
8.1 The Apparel is and will at all times remain the absolute property of Bump Style.
8.2 If the User fails to return the Apparel to Bump Style then Bump Style or Bump Style’s agent may (as the invitee of the User) enter upon and into land and premises owned, occupied or used by the User, or any premises where the Apparel is situated and take possession of the Apparel.
9.1 The User shall inspect the Apparel on delivery and shall within four (4) hours of receipt of the Apparel notify Bump Style (by phone or email) of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.
10. Sizing Issues/Returns
10.1 If the User wishes to cancel an order, then they must contact Bump Style as soon as is possible. If the item hasn’t been dispatched from Bump Style’s premises yet, there will not be any cancellation fees. However, if the item has been dispatched, a cancellation fee of twenty-five dollars ($25.00) per item will apply. Bump Style will issue a full refund less the cancellation fee upon return of the Apparel to Bump Style.
10.2 All Apparel which is to be returned because of incorrect sizing or because the User has changed their mind must be sent back to Bump Style within twenty-four (24) hours of signing for the delivery (with tags still intact), send an email to firstname.lastname@example.org indicating your intention to mail back the product for exchange of size, and Bump Style will send out the User a new size. If for some reason Bump Style doesn’t have an alternative size (since Bump Style has limited sizes in each stock item), it may be that the requested item is unavailable. In which event Bump Style will issue the User a full refund of the dress rental cost, minus the shipping cost.
10.3 Once Bump Style has received an unworn, tagged dress, as well as the User’s return request, Bump Style will email the User a refund request confirmation within three (3) working days. Whilst Bump Style will make every effort to process a refund as quickly as is possible, the refund process can take approximately ten to twenty (10-20) working days dependent on the independent processing time taken by the User’s credit card provider and the User acknowledges that Bump Style has no control over such Credit card issuers processes.
11. User's Responsibilities
11.1 The User shall:
(a) immediately notify Bump Style of any damage to the Apparel that occurs during the hire period;
(b) on termination of the hire, deliver the Apparel complete with all accessories, in good order as delivered, fair wear and tear accepted, to Bump Style;
(c) keep the Apparel in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Apparel;
(d) not alter or make any additions to the Apparel or in any other manner interfere with the Apparel.
12.1 Bump Style may cancel these terms and conditions or cancel the delivery of Apparel at any time before the Apparel is delivered by giving written notice. On giving such notice Bump Style shall repay to the User any sums paid in respect of the Price. Bump Style shall not be liable for any loss or damage howsoever arising from such cancellation.
13. Default and Consequences of Default
13.1 If the User owes Bump Style any money the User shall indemnify Bump Style from and against all costs and disbursements incurred by Bump Style in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Bump Style’s collection agency costs, and bank dishonour fees).
13.2 Without prejudice to any other remedies Bump Style may have, if at any time the User is in breach of any obligation (including those relating to payment) under these terms of hire Bump Style may repossess the Apparel as per clause 8.2, or suspend or terminate the supply of Apparel to the User and any of its other obligations under the terms and conditions. Bump Style will not be liable to the User for any loss or damage the User suffers because Bump Style has exercised its rights under this clause.
13.3 Without prejudice to Bump Style’s other remedies at law Bump Style shall be entitled to cancel all or any part of any order of the User which remains unperformed in addition to and without prejudice to any other remedies Bump Style may have and all amounts owing to Bump Style shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Bump Style becomes overdue, or in Bump Style’s opinion the User will be unable to meet its payments as they fall due; or
(b) the User becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the User.
14. Security and Charge
14.1 In consideration of Bump Style agreeing to supply Apparel, the User charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the User either now or in the future, to secure the performance by the User of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
14.2 The User indemnifies Bump Style from and against all Bump Style’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Bump Style’s rights under this clause.
15. User Generated Content
For any content that you submit - any information such as data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Service - you grant Bump Style a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at Bump Style’s sole discretion. We reserve the right to change, condense or delete any content on our website that Bump Style deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. Bump Style does not guarantee that you will have any recourse through Bump Style to edit or delete any content you have submitted. Ratings, reviews and written comments are generally moderated and published within two to four business days. However, Bump Style reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Bump Style, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Bump Style, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting any content to Bump Style, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights thereto;
- All "moral rights" that you may have in such content have been voluntarily waived by you;
- All content that you post is accurate;
- Use of the content you supply does not violate these Terms and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Bump Style (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
16. Intellectual Property
18.1 User acknowledges and agrees that Bump Style’s trademark shall remain the intellectual property of Bump Style at all times and further agrees that they shall not use the same for any purpose whatsoever without the express written approval of Bump Style.
17.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Melbourne Victoria.
17.3 Bump Style shall be under no liability whatsoever to the User for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the User arising out of a breach by Bump Style of these terms and conditions (alternatively Bump Style’s liability shall be limited to damages which under no circumstances shall exceed the Price paid for the hire or purchase of the Apparel).
17.4 Bump Style reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Bump Style notifies the User of such change. Except where Bump Style supplies further Apparel to the User and the User accepts such Apparel, the User shall be under no obligation to accept such changes.
17.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
17.6 The failure by Bump Style to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Bump Style’s right to subsequently enforce that provision.
17.7 Unless otherwise specified, the User agrees that by sending or tagging photos of wearing Bump Style dress, Bump Style may use the images for promotional purposes including but not limited to print materials, social media platforms and newsletters.
Additional Clauses Applicable to the Sale of Apparel
18. Title to Apparel Being Sold to the User
18.1 Bump Style and the User agree that the ownership of Apparel shall not pass until:
(a) the User has paid Bump Style all amounts owing to Bump Style; and
(b) the User has met all of its other obligations to Bump Style.
18.2 Receipt by Bump Style of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
18.3 It is further agreed that until ownership of the Apparel passes to the User in accordance with clause 18.1 that:
(a) the User is only a bailee of the Apparel and must return the Apparel to Bump Style on request.
(b) the User holds the benefit of the User's insurance of the Apparel on trust for Bump Style and must pay to Bump Style the proceeds of any insurance in the event of the Apparel being lost, damaged or destroyed.
(c) the User must not sell, dispose, or otherwise part with possession of the Apparel. If the User sells, disposes or parts with possession of the Apparel then the User must hold the proceeds of any such act on trust for Bump Style and must pay or deliver the proceeds to Bump Style on demand.
(d) the User irrevocably authorises Bump Style to enter any premises where Bump Style believes the Apparel are kept and recover possession of the Apparel.
(e) Bump Style may commence proceedings to recover the Price of the Apparel sold notwithstanding that ownership of the Apparel has not passed to the User.
19. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
19.1 The User must inspect the Apparel on delivery and must within seven (7) days of delivery notify Bump Style in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The User must notify any other alleged defect in the Apparel as soon as reasonably possible after any such defect becomes evident. Upon such notification the User must allow Bump Style to inspect the Apparel.
19.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
19.3 Bump Style acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
19.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Bump Style makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Apparel. Bump Style’s liability in respect of these warranties is limited to the fullest extent permitted by law.
19.5 If the User is a consumer within the meaning of the CCA, Bump Style’s liability is limited to the extent permitted by section 64A of Schedule 2.
19.6 If Bump Style is required to replace the Apparel under this clause or the CCA, but is unable to do so, Bump Style may refund any money the User has paid for the Apparel.
19.7 Subject to this clause 19, returns will only be accepted provided that:
(a) the User has complied with the provisions of clause 19.1; and
(b) Bump Style has agreed that the Apparel are defective; and
(c) the Apparel are returned within a reasonable time at the User's cost (if that cost is not significant); and
(d) the Apparel are returned in as close a condition to that in which they were delivered as is possible.
22.8 Notwithstanding clauses 19.1 to 19.7 but subject to the CCA, Bump Style shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the User failing to properly maintain or store any Apparel;
(b) the User continuing the use of any Apparel after any defect became apparent or should have become apparent to a reasonably prudent user;
(c) fair wear and tear, any accident, or act of God.
20. Business Contact Details
ABN: 9388 987 4278
Address: 9A Andrews St Spotswood, Victoria, Australia 3015
Phone: 03 9391 2351
Mobile: 0429 341 491