This Rental/Purchase Agreement (“this Agreement”) is a legal agreement between you (“You”, “Customer” or “Your”) and Crystala Jewellery ("Crystala", "we," "us," or "our “). This Agreement sets the terms and condition under which you will rent and/or buy jewellery or other accessories owned by Crystala (each a “Product” or collectively, “Products”), receive related services and submit information to us via the website located at Crystala.com.au (the “Website”).
All rentals and purchases are subject to the following Terms and Conditions. Please review thoroughly before accepting the Terms and Conditions. “Crystala”, “we”, “us” or “our” means Crystala Jewellery, and/or its legal affiliates; “you” or “your” refers to the client renting the jewellery.
The lessee agrees to lease Products from Crystala, and to pay the Rental Fee, and other fees, damages, costs and other payments specified therein, including (without limitation) any late fees or liquidated damages. By paying for the product at checkout under the Jewellery hire section, you acknowledge that you have read the following terms and conditions carefully and in their entirety. If you do not agree to the terms, do not move forward with your order.
1. Rental fees and agreement
Rental Fee – The rental fee ("Rental Fee") for the Products will include the rental fee and delivery charges listed on the Website in connection with your rental of the Products. The Rental Fee is 50% of the jewellery retail price. The customer will pay the full retail price of the jewellery and 50% of the cost price will be refundable after the jewellery has been returned within 7 days. The Rental Fee is to be considered non-refundable if returned after 14 days of the stated return date under any circumstance except as described in this agreement.
2. Late Fees
If the Product is not dropped off at the post office box by seven (7) calendar days as specified in the Rental Agreement, then Late Fees shall be due and payable by you in addition to the Rental Fee and any other amounts payable under this agreement. Late Fees will be determined by postmark date or tracking date of the package being returned. Longer rental times will result in a higher rental cost which will be calculated as a late fee daily. You will be contacted and notified of this when it happens. Late Fees will be calculated as follows:
Such Late Fees will be deducted from your payment. You agree and acknowledge that the Late Fees are not intended to be punishment or penalty, but are intended as compensation for us for loss of sales and reputation due to unavailability of Product. Furthermore, our ability to make Product available to rent to other clients depends on the timely return of rented items. Late returns may prevent us from having sufficient time to clean, repair (if necessary), and re-ship the Product to the next client. We would not be able to commit to having Product available to upcoming clients until the items are in our possession and available for preparation for shipment or delivery. For these reasons, you agree that the amounts reflected in calculation of the Late Fees are reasonable compensation to us in the event of a late return.
3. Damage to Product
As the jewellery is in your possession, we trust that you will take good care of it.
A minimal amount of wear may occur with a rental use consistent with wearing high quality jewellery to a formal event. If any piece of jewellery is damaged e.g. we are unable to re-use the jewellery set and will need to repair it (including but not limited to chain broken, more than one stone missing, shows abnormal signs of wear, or is abnormally dirty or encrusted with any foreign substance), we will have the right to charge a repair fee to replace the Product.
If any damage is found or a stone is lost upon arrival of the Product, you will be required to contact Crystala within the same day of accepting your parcel. Failure to do so, you may be liable for any damage fees, the amount of which is left to our sole discretion based on the extent of the damage or repairs.
4. Jewellery Care
Each piece of jewellery will be thoroughly inspected and cleaned before delivery to you. While in your possession, we expect you to handle the jewellery with the utmost of care.
While in your possession, you are solely responsible and aware of all risk of the jewellery being lost, stolen, or damaged. Crystala may not be held liable for any injury caused due to ailment resulting from wearing any jewellery.
5. Shipping and Returns
You are responsible to pick up your order from your address as specified in the checkout when you make your purchase. Crystala will not be responsible for orders unfulfilled or not picked up from local post office (if applicable) due to failure to pick up.
You must ship all jewellery into its original box and prepaid satchel back to us on the return date (by 7 calendar days). You will drop off the package into any street post box or post office. You will not be required to purchase shipping insurance. Failure to return the product as described above will result in the application of Late Fees.
6. General Liability
Unavailability – If the Product you have reserved becomes unavailable for any reason, we will contact you to discuss alternative Products. If we cannot agree on an alternative solution, we will refund all fees payable by you. We will have no liability to you in the event an item becomes unavailable, even though you have reserved the item, other than the return of your reservation deposit and any other fees you have paid.
Cancellations – All cancellations must be requested in writing. Cancellations more than 7 days prior to your Event Date will not be charged any fee. Cancellations within 7 days of your Event Date will be charged 50% of the jewellery price. Cancellation is not possible after your Products have been shipped or delivered.
7. Customer’s responsibilities
The customer shall:
(a) immediately notify Crystala of any damage to the Product that occurs during the Rental Period;
(b) on termination of the hire, deliver the Product complete with all accessories, in good order as delivered, fair wear and tear accepted, to Crystala;
(c) keep the Product in their own possession and control and shall not assign the benefit of this Rental Agreement nor be entitled to lien over the Product;
(d) not alter or make any additions to the Product or in any other manner interfere with the Product.
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.
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.
Crystala shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Crystala of these terms and conditions (alternatively Crystala‘s liability shall be limited to damages which under no circumstances shall exceed the Price paid for the hire or purchase of the Products).
Crystala 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 Crystala notifies the Customer of such change.
The failure by Crystala to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Crystala‘s right to subsequently enforce that provision.
This agreement is the entire agreement of the parties relating to the rental of jewellery from Crystala Jewellery.