The Play By Play (Terms & Conditions)
Welcome to the website at www.playsuitplayground.com.au. The Website is operated by Playsuit Playground (ABN 15 730 774 052). Access to and use of the Website, or any of its associated Products or Services is provided by Playsuit Playground (ABN 15 730 774 052).
“Playsuit Playground” (“our”, “us” or “we”) means Playsuit Playground (ABN 15 730 774 052) its successors, assigns, or, any person acting on behalf and with the consent of Playsuit Playground (ABN 15 730 774 052).
“Website” means the website located at www.playsuitplayground.com.au.
“User” (“consumer”, “customer”, “you or “your”) means any person, including a person acting on behalf of and with the consent of a User who:
- accesses the Website; or
- browses the Website; or
- uses the Services provided by the Website.
“Garment” (“Product”) means any item listed for hire or sale through the Website.
“Services” means the opportunity provided by Playsuit Playground to browse, hire, or purchase any Garments through the Website or Social Media Pages. The Website and Social Media Pages provide this service by way of facilitating and granting you access to the content on the Website.
“Social Media Pages” means:
- the Instagram page located under the handle “@playsuit_playground”; and
- the Facebook page located at “www.facebook.com/playsuitplayground”.
“Terms and Conditions” (“Terms”) means the Terms and Conditions located on the Website.
“Hire Fee” means the amount listed on the Website for the hire of a Garment for a single Rental Period, inclusive of dry-cleaning costs
“Delivery Customer” means any Customer who requires postage of a hire Garment.
“Pick-Up Customer” means any Customer who picks up, or returns a Garment in person to Playsuit Playground’s place of business.
“Rental Period” means a 4 day period of Garment hire ordered by a Customer, beginning on the selected hire start date and ending on the selected return date.
2. About the Website
Please read these Terms carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
Playsuit Playground reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Playsuit Playground updates the Terms, it will use reasonable endeavours to provide you with notice of any updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
3. Acceptance of the Terms
You accept the terms by accessing, using, browsing, or remaining on, the Website. Upon acceptance of the Terms, the Terms are irrevocable and may only be changed by the consent of Playsuit Playground in writing.
4. Placing an Order
You must be at least 18 years of age to use place an order to hire our Garments.
You must have an active email address and contact phone number that we can contact you with to confirm your order.
You must be authorized to use any selected payment method.
You may place an order on behalf of a friend, relative or minor. However, in doing so, you assume all responsibility for that person’s compliance with these Terms. Playsuit Playground will not be liable for any loss suffered by you or any third party for an incorrect or incomplete order.
Playsuit Playground reserves the right to exclude any individual from hiring our Garments or using the Services.
In using the Services to hire a Garment through the Website, you agree to the payment of a:
- Hire Fee; and
- Bond of $50.00 (refundable subject to Clause 7); and
- Delivery fee of $20.00 (Delivery Customers only – return express postage by Australia Post).
The Hire Fee is inclusive of the Hire Fee and dry-cleaning costs. All applicable payments will be automatically added to your invoice at check-out on the website.
Playsuit Playground reserves the right to change the Fees for Customers:
- who are personally picking up and/or returning a hired Garment; or
- who have requested a Garment to be hired for a period shorter or longer than the prescribed Rental Period.
All fees are in Australian Dollars.
Payment of the Hire Fee may be made by:
- Credit Card (Mastercard or Visa only)
- Electronic Funds Transfer (”Bank Transfer”) (for Pick-Up Customers only)
- (Please note: You are required to take a screen shot of the bank transfer remittance and email a copy to email@example.com;
- Playsuit Playground reserves the right not to begin delivery of the Garment until it receives the screenshot mentioned above.
- Cash (for Pick-Up Customers only)
All payments must be made in Australian Dollars.
Playsuit Playground requires the payment of a $50.00 bond upon booking a Garment for hire. This will automatically be added to your cart and/or your invoice on the Website. The bond shall be fully refundable if the Garment is returned to Playsuit Playground in the same condition as it was delivered to the Customer (less any dry-cleaning).
You are responsible for inspecting the Garment at the time you receive it. You must inform Playsuit Playground of any damage to the Garment within 2 hours of taking delivery of the Garment. You must take a clear photograph(s) showing any damage and email it to firstname.lastname@example.org within the 2 hour period.
Payment of the bond shall be made via PayPal (recommended), Bank Transfer or Credit Card. A cash bond shall only be accepted from Customers who choose to Pick-Up a Garment for hire.
At the time the Garment is returned to Playsuit Playground, Playsuit Playground will inspect the Garment for any damage. Damage includes, but is not limited to:
- Rips, tears, burns or holes in the Garment; or
- Permanent staining / excessive soiling (alcohol, ink, blood, or tanning products); or
- where the Garment requires extra cleaning; or
- any other damage beyond normal wear and tear which requires repair to or
replacement of the Garment.
Provided there is no damage of the kind described above, the bond will be refunded, via PayPal or Bank Transfer, to the Customer within 48 hours of the Garment being returned to Playsuit Playground. Where there appears to be potential damage or permanent staining, Playsuit Playground reserves the right to withhold your bond until the Garment is dry-cleaned and inspected to determine whether it can be repaired or cleaned. This may take up to three business days after the Garment is returned.
In the event that the Garment is damaged in a manner described above, you expressly authorize Playsuit Playground to deduct from your bond an amount reasonably necessary to meet any extra cleaning and/or repair costs. Where any cleaning or repair costs exceed the bond amount, you will be sent an invoice and you will be required to pay those costs within seven days.
In the event a Garment is damaged beyond repair or cannot be cleaned, Playsuit Playground reserves the right to charge you up to 120% of the Recommended Retail Price of the Garment for replacement.
This Express Post service is generally next day delivery, provided your nominated address is within the Express Post delivery network, and, that it is posted by 5PM AEST by lodging over the counter at an Australia Post office, or in a yellow Express Post street box. However, depending on your location, delivery may take up to 3 days. Playsuit Playground has no control over Australia Post’s delivery time frames. We strongly recommend that upon placing your order, you select an arrival date for at least 1 business day before your intended use of the Garment. Depending on the date you place an order, Playsuit Playground will post the Garment 1-3 days before your selected hire date.
It is your responsibility to ensure that you have supplied the correct address. It is your responsibility to ensure you are available to take delivery of a Garment when it is tendered for delivery at your nominated address. If you are unavailable to take delivery of the
Garment, it may be redirected to a local Australia Post office or depot to be collected by you. You are responsible for the collection of the Garment.
Delivery will be effected upon the earliest occurrence of either:
- the signature of a delivery receipt; or
- where an Express Post tracking number can be searched on the Australia Post website to show a status of delivered.
Playsuit Playground accepts no responsibility and will not be liable to you for any loss suffered by you or a third party where:
- an incorrect or ineligible address has been provided during the placement of an order; or
- you are not available to take delivery of the Garment.
In the rare event that a Garment does not reach you in time for your intended use:
- email us at email@example.com outlining the circumstances; and
- post the Garment to Playsuit Playground using the return Express Post satchel (included with your order) by the next business day after delivery.
- provide you with a credit note to the same value of the Hire Fee to be used towards your next hire.
For Delivery Customers, it is your responsibility to ensure the Garment is lodged for postage on the final day of the Rental Period using the pre-paid Express Post satchel provided in your order. We strongly recommend that you lodge the parcel at an Australia Post office for scanning and that you obtain a lodgment receipt. Please note that by using this method, you will not be liable if the parcel/Garment is delayed or lost by Australia Post.
IF YOU CHOOSE TO PUT THE PARCEL/GARMENT IN A YELLOW EXPRESS POST STREET BOX, YOU ACCEPT ALL RESPONSIBILITY FOR ANY DELAYS OR LOSS CAUSED BY AUSTRALIA POST AND YOU WILL BE LIABLE FOR ANY LATE FEES INCURRED FOR RETURNING THE GARMENT AFTER THE DUE DATE. IF THE PARCEL/GARMENT IS LOST BY AUSTRALIA POST, YOU WILL BE LIABLE FOR 120% OF THE RECOMMENDED RETAIL PRICE FOR THE GARMENT.
9. Late Fee Policy
Please ensure that you communicate with Playsuit Playground immediately by text or email if you are experiencing any difficulties with returning the Garment by the due date.
Where a Garment has not been returned to Playsuit Playground by the due date, you will incur a late fee of $25.00 for each day that the Garment is late. You expressly authorize Playsuit Playground to deduct any late fees from your bond. Where any accrued late fees exceed the bond amount, you will be sent an invoice and you will be required to pay those costs within seven days.
Where the late return of a Garment results in the cancellation of another Customer’s Garment hire, you will be liable for an additional Hire Fee for the Garment.
Where the Garment has not been returned within seven days after the due date, Playsuit Playground will regard this failure by you to return the Garment as stealing and we will file a police report.
10. Pick-Up Customers
For Brisbane Pick-Up Customers, we offer free pick-up and return of hire Garments.
Please select Pick-Up as your delivery method at the checkout.
Please email us at firstname.lastname@example.org to book an appointment to collect your Garment from our business place located in Red Hill, Brisbane.
For weekend hires, pick-up is available between 6pm to 8pm Wednesday to Friday. Playsuit Playground reserves the right to amend these times to suit a Customer’s requirements. At its sole discretion, Playsuit Playground may offer a Customer a pick-up outside of the times mentioned above.
Returns for weekend hires must be made by no later than 7pm on Monday after a weekend Rental Period.
We will use reasonable endeavours to describe the “true sizing” of the Garments, however, the sizes of each Garment as listed will reflect what is on the garment tag of the Garment. If you require more information about sizing, you may request this by email to
email@example.com. Alternatively, as many of the Garments will be ‘in season’, you may find the measurements by doing a web search (Google) for the Garment designer and item name.
Playsuit Playground will not be liable for any loss incurred by you for the order of a Garment that is an incorrect size. Playsuit Playground reserves the right to refuse any refund for any order placed for a Garment that is the incorrect size.
For Pick-Up Customers, Playsuit Playground reserves the right to allow Pick-Up Customers to return the Garment within 24 hours of placing an order and:
- swap it for another Garment, subject to availability; or
- obtain a store credit for the same value.
Hire fees are not refundable. However, if you email us at firstname.lastname@example.org no less than 7 days before the commencement of your Rental Period, we will issue you a credit to be used towards your next hire.
Playsuit Playground will offer you a full refund where:
- the Garment will not be available due to the late return of the Garment by another Customer; or
- the Garment has been permanently damaged and is not fit for purpose; or
- any relevant Australian law compels us to do so.
13. Swaps and Holds
We strive to bring in new Garments on a regular basis. You may swap your booking for another Garment, subject to:
- availability; and
- payment by you of the difference of any increase in the Hire Fee of the other Garment.
Playsuit Playground works on a policy of “first in, best dressed”. Once payment is received in full, the booking is secured. Therefore, Playsuit Playground will not hold any Garments.
14. Dry Cleaning
Playsuit Playground is solely responsible for the dry cleaning of its Garments. Please do attempt to clean, alter or iron any of our Garments. In the event you have stained or damaged a Garment, you must inform us by email at email@example.com.
We are proud to use, where possible, environmentally friendly dry cleaners. We inspect each Garment thoroughly before and after each hire. Due to the nature of our hire service, our Garments are likely to have been worn by other Customers prior to your hire. You assume all risk by using the Garments. Playsuit Playground will not be held liable, to the extent permitted by law, for any health related complaints or loss suffered by you as a result of the use of our Garments.
15. Copyright and Intellectual Property
The Website, the Services and all of the related products of Playsuit Playground are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Playsuit Playground or its contributors.
Playsuit Playground retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Playsuit Playground; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of Playsuit Playground and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
17. General Disclaimer
You acknowledge that Playsuit Playground does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than those provided for pursuant to the Terms.
Playsuit Playground will use reasonable endeavours to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
- all terms guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- Playsuit Playground will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, Services, and any of the products of Playsuit Playground (including the delivery of the Products), is at your own risk. Everything on the Website, the Services, and the Products of Playsuit Playground, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Playsuit Playground (including any third party where the delivery of the Products is made available to you) make any express or implied representation or warranty about its Content or any Products or Services (including the Products or Services of Playsuit Playground) referred to on the Website. This includes, but is not restricted to, loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the Products;
- the Content or operation in respect to links which are provided for the User’s convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
18. Limitation of Liability
Playsuit Playground’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent purchase price of a Garment paid by you under these Terms. Where you have not paid the purchase price, then the total liability of Playsuit Playground is the resupply of information or Services to you.
You expressly understand and agree that Playsuit Playground, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss or goodwill or business reputation and any other tangible loss.
Playsuit Playground is not responsible or liable in any manner for any site content (including the Content and third party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website of Playsuit Playground, by third parties or by any of the Services offered by Playsuit Playground.
You acknowledge that Playsuit Playground does not provide the delivery service of the Garments to you and you agree that Playsuit Playground will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the delivery service.
19. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing aw clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to void or unenforceable by a court of competent jurisdiction, that part shall be severed and the remaining Terms shall continue to be in force.