Terms And Conditions

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Love Me and Leave Me Pty Ltd (ACN 119 565 294) (LM&LM) owns and maintains this website (www.lovemeandleaveme.com and lovemeandleaveme.com.au) (Site). The terms and conditions set out below (Terms) apply to all users of the Site. Use of the Site constitutes your agreement to be bound by and to act in accordance with these Terms. Please read the terms carefully.

By using this Site you are also agreeing to LM&LM’s Privacy Policy.

LM&LM reserves the right to modify these Terms at any time and in any manner at its discretion. Your continued use of the Site following any modification to these Terms will be deemed acceptance to those modifications.

General Service Offering – Borrowing from LM&LM

Overview

LM&LM provides a service where registered members (Members) can borrow products from the LM&LM collection (Service). To become a Member, a user must complete the online application form. Membership is free.

Members can borrow products from the LM&LM collection for either one week or one month. The weekly and monthly borrowing rates for each product are outlined in detail on the Site. LM&LM will deliver the product to the Member at an address of their choice (so long as such address is acceptable to LM&LM). When the Member has finished with the product, the Member must return it to LM&LM via pre-paid courier.

Members may also request to purchase a product that is available to be borrowed. To do so, the Member must request a price from LM&LM using the online purchase request form. LM&LM will contact the Member with a price for that specific product and the Member will be able to choose whether to proceed with payment on the terms offered by LM&LM.

Register with Love Me & Leave Me

To borrow from LM&LM you will need to become a Member. To become a member, you will need to enter certain details in the online membership form. You agree that all information provided is true and correct. You agree to update this information to ensure it remains true, correct and current at all times. Your details, with the exception of your credit card details, are held on our computer systems in accordance with our privacy policy.

If your membership application is accepted by LM&LM, you may begin to use the Service. Use your personal username and password to enter the member’s section of the Site.

Members no longer have to pay a monthly membership fee. If you are paying a membership fee because you became a member at a time during which monthly membership fees were payable, please contact LM&LM and request a fee waiver (which may be provided by LM&LM and its discretion).

Borrow from LM&LM

You may borrow up to three products at any one time. Subject to these Terms, one-week or one-month borrowing periods commence when the product is delivered by the courier and ends when the product is handed over to the courier for return to LM&LM (Borrowing Period).

In the event that you are not able to take receipt of the product from the courier upon delivery, the courier will leave a calling card at that location (Calling Card). You will need to follow the instructions on the Calling Card to obtain your product. Your selected one-week or one-month borrowing period in respect of the product you have ordered will commence 48 hours after the Calling Card is left, whether or not you have received the relevant product.

In some cases, the courier may not be able to leave a Calling Card. In this instance, LM&LM will contact you via email to arrange an alternative time for delivery (Notification Email). Within 24 hours from the time that LM&LM sends the Notification Email, you must provide LM&LM with any details requested by LM&LM (this may include an alternative delivery address or a convenient preferred time of delivery). Your selected one-week or one-month borrowing period in respect of the product you have ordered will commence 72 hours after the time on which LM&LM sends you the Notification Email, whether or not you have received the relevant product.

In any other event not already described above (for example, if LM&LM is unable to contact you) your selected one-week or one-month borrowing period in respect of the product you have ordered will commence on the day which is 72 hours after the day on which the courier first attempted to deliver you the product.

If you borrow a product and you would like to extend the Borrowing Period (whether for an additional month or week) contact LM&LM. If your item is not returned to LM&LM within the Borrowing Period and LM&LM has not agreed to extend your Borrowing Period in accordance with your request, you will be automatically charged for an additional one-week, whether or not your Borrowing Period is one week or one month. From that point, you will be charged for an additional one week every week until your item is returned to LM&LM.

General Service Offering – Buying from LM&LM

LM&LM also provides a service where customers may buy products from the LM&LM collection, whether or not they are a Member of the Site. The purchase price for each product is clearly set out on the Site. Using the easy to use shopping cart functionality, customers can select a product and have that product delivered at an address of their choice (so long as such address is acceptable to LM&LM).

Service Fees and Payment Terms

All fees associated with the Service and the products available for purchase are detailed on the Site. LM&LM reserves the right to alter these fees at its discretion.

You are asked to provide LM&LM with valid credit card information when you submit your membership application and when you purchase products. You authorise LM&LM to charge this credit card for applicable membership fees, borrowing fees, product purchase fees, delivery charges, overdue payments, fees associated with damaged, lost, stolen or unreturned goods, any applicable taxes, and any other charges incurred in connection with your use of the Site.

Borrowing fees and product purchase fees are detailed on the Site. Borrowing fees will be deducted from your credit card shortly after you select the product you want to borrow. Product purchase fees will be deducted from your credit card automatically at checkout.

All other fees will be charged to your credit card as you incur them. If LM&LM does not receive payment owed to it for any reason, you agree to pay all amounts due upon demand.

Delivery and Return of Product

LM&LM aim to arrange delivery of product to an address selected by you within 1-4 business days of receiving your request. LM&LM will instruct a courier to deliver the product as soon as possible. LM&LM will not be held accountable for any delays beyond 4 business days and will not be held responsible for any outcomes as a result of any delay. You may select an address within Australia where you would like your goods delivered. LM&LM reserves the right to refuse delivery of a product to a particular address.

You must return product you have borrowed from LM&LM by following the instructions enclosed with the product when delivered. You will be responsible for lost and damaged product if alternative postal/courier services are used to return product.

You will be charged a delivery fee every time you borrow or purchase a product from LM&LM. Details of the delivery fees are outlined on the Site and may be altered by LM&LM at any time.

Cancellation & Termination

You may cancel your membership at any time. You will not be able to cancel your membership if you have borrowed product and not yet returned it to LM&LM. You will not be able to cancel your membership if you have not yet paid for any unreturned or damaged products.

LM&LM has the right to terminate any membership in its sole discretion. LM&LM will terminate a membership if any member fails to use the Service in accordance with the Terms or otherwise breaches any of the Terms. LM&LM will terminate a membership if the member fails to pay any fees or other charges owed to LM&LM by the Member. If LM&LM terminates any membership any amount outstanding owed to LM&LM becomes immediately payable and LM&LM reserves the right to repossess any product and charge the member for the replacement value of product that is not returned.

If a Member fails to perform any obligations under these Terms and LM&LM incurs expenses in enforcing its rights under these Terms, the Member shall pay those expenses.

Refunds and Exchanges

We take pride in each product offered on the Site - every item is pictured and described in detail. You acknowledge that the pictures of the product on the Site represent the product in brand new condition. While every item that LM&LM provides is in good condition, members must be aware that products delivered will not, in many cases, be in brand new condition.

LM&LM offers customers the opportunity to purchase both brand new and gently used designer fashion.

If you would like a refund in respect of any brand new product you have purchased, please contact us within 2 days of receiving the item (Receipt Date). LM&LM will then send you an email containing instructions on returning the product (which must be returned at your cost). You must send the item back to LM&LM within 7 days of the Receipt Date to be eligible for a refund. Once the product is received and has undergone a quality control check to ensure the product has not been worn and that the tags and all other packaging are still in place (where relevant), the purchasing amount will be credited to the purchaser’s credit card. Refunds can only be credited back to the same credit card that was used to make the original purchase. LM&LM will refund the value of the item (not the delivery cost). Refunds will be made within 14 days of receipt by LM&LM of the returned product.

No refunds are available for gently used designer fashion or for sale items. Sale items are those indicated as sale items on the Site, and those products the subject of an email sent to members of the Site on a weekly basis.

If a product is faulty, it has been described incorrectly on the Site, it is different from a sample shown on the Site, or if you have purchased the wrong size, please contact us within 5 days of receiving the item. We will arrange an exchange if you return the item to us in accordance with our instructions and we are satisfied that the product is in its original condition (that is, it has not been worn, and that the tags and all other packaging are still in place (if any)). Only customers requesting an exchange due to a wrong size will be charged additional delivery fees for the exchange.

If items are returned to LM&LM for any reason, LM&LM will not be responsible for any goods lost, stolen or damaged during transit to LM&LM.

Lost, Stolen or Damaged Goods

You must ensure that every product you borrow is returned to LM&LM is the same condition it was sent to you, fair wear and tear excepted. If a product is lost, stolen or damaged whilst in your possession LM&LM reserves the right to charge the full replacement value of the Goods to your credit card. LM&LM may, at is discretion, decide to waive some or all of the charge for the replacement value of the Goods.

Ownership of the goods

Product borrowed by Members remain the property of LM&LM at all times, unless otherwise specified.

Ownership of product purchased by LM&LM transfers only when full payment is received by LM&LM. LM&LM reserves its right to refuse to lease any product and to refuse to allow you to purchase goods, without giving any reason therefore.

Gift Certificates

LM&LM Gift Certificates can be purchased by following the details on the Site. To purchase a Gift Certificate you must provide us with certain information. You represent and warrant that this information is accurate and complete.

To redeem the Gift Certificate and to use the Service, the Gift Certificate recipient must become a member, provide valid and current credit card information, and agree to be bound by these Terms.

When you purchase a Gift Certificate, we will send an email confirmation to the email address that you provided LM&LM. We will send the Gift Certificate (via email or standard post depending on your selection) to the gift recipient. This will contain an activation code that enables the recipient to redeem the Gift Certificate. Gift Certificates may be delayed or cancelled by LM&LM if we are not provided with accurate information.

Gift Certificates can be used to borrow product only. Gift Certificates cannot be used to purchase product on the Site. Gift Certificates are not redeemable and not refundable for cash, and cannot be combined with any other specials or free offers. Gift Certificates can be used by Australian residents only.

Once the Gift Certificate recipient uses all the credit associated with a Gift Certificate, that recipient’s credit card shall be charged any excess charges. The Gift Certificate recipient may cancel the membership at any time as set out in these Terms.

ANZ Promotion

If you have registered as a member with a promotional code provided to you by Australia and New Zealand Banking Group Limited (ANZ) you are entitled to $200.00 credit on any product borrowed through LM&LM.

Once you have registered, select the item you would like to borrow and proceed to checkout. If the total cost of your purchase (including shipping) (Total Cost) is less than $200.00 LM&LM will provide you with online credit for the value of the difference between $200.00 and the Total Cost. If the Total Cost exceeds $200.00 you will be responsible to pay LM&LM for the difference between $200.00 and the Total Cost. This amount will automatically be charged by LM&LM from the credit card provided by you during registration.

Please contact LM&LM if you have any further queries.

Nintendo Promotion

If you borrow a product between 22 May 2009 and 30 September 2009 for one month you will recieve, at the discretion of LM&LM, 1 Nintendo DSi and 1 game, free of charge. At the end of your Borrowing Period, you must return the Nintendo DSi and game along with your borrowed fashion product. By borrowing the fashion product, and receiving the Nintendo DSi and game, you agree that you will:

- not part with possession of these items;

- not wilfully cause damage to any part of these items; and

- return these items to LM&LM at the end of the Borrowing Period.

All Nintendo products borrowed by Members remain the property of LM&LM or Nintendo at all times. LM&LM reserves the right to charge your credit card for the retail value of any product not returned at the end of your relevant Borrowing Period.

Copyright

This Website is owned by LM&LM, and is subject to copyright. The information on this Site is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:
(a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site;
(b) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or
(c) use or apply, for commercial purposes any material or information on this Site, without the prior written consent of LM&LM.

Links to sites

LM&LM may include hyperlinks on this Site to other websites or resources operated by parties other than LM&LM. LM&LM has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages. LM&LM does not endorse and are not responsible or liable for the content of such websites. LM&LM is not responsible for any damage, loss or offence caused or alleged to be caused by the use of or reliance on any such content.

Limitations of Liability

LM&LM assumes no responsibility for, and makes no representations with respect to the accuracy of the information on this Site.

All statutory or implied terms, conditions or warranties concerning the quality or condition of this Site or any information, service, material, or recommendation supplied by LM&LM to you through this Site is limited to the fullest extent permitted by law.

Except to the extent that liability may not lawfully be excluded, we will not be under any liability to you for any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill and loss due to delay, or other direct or indirect loss or damage (including without limitation consequential loss or damage,) however caused (including without limitation due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use of this Site or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you.

The information contained in this Site is derived from sources believed to be true and accurate. However, the content may include errors and changes or events may occur which cause the information to be inaccurate or out of date. For various reasons substantial delays may occur before particular information on the Site is updated. Accordingly, we do not warrant the reliability, accuracy, currency or completeness of that information and any reliance by you upon that information is at your sole risk. You should satisfy yourself as to the currency and accuracy of any information provided through this Site. You must indemnify us and hold us harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of these Terms, your access and/or use of the Site or reliance on its contents or information received through it by yourself or any person accessing any content through your website.

The Terms are effective until terminated by LM&LM and LM&LM may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.

Use of site materials

LM&LM owns all rights, title and interest in and to this site. LM&LM owns all trademarks, trade names, logos and domain names pertaining to LM&LM as used on or in connection with this Site. Any modification or use of the materials from this site for any purpose not explicitly permitted is a violation of LM&LM’s copyright and other proprietary rights. No part of this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of LM&LM.

Trademark Disclaimer

LM&LM disclaims that it is an authorised dealer or agent of any of the products offered on its Site. It also disclaims any representation regarding its contents, including the merchandise offered for rental. Products offered on this site are all registered trademarks of their original owners who reserve their rights and ownership. The use or mention of any trade names, product names, or trademarks on this site does not suggest that the trademark owner has any affiliations with or any endorsements of this Site.

Not to be reproduced. All third party trademarks mentioned or displayed on this Site are the property of their respective owners