TERMS & CONDITIONS
By accessing and using the Dressed By ES website at www.dressedbyes.com, you are accepting and consenting to the practices in these terms and conditions. Dressed By ES reserves the right to change these terms and conditions from time to time at its sole discretion.
If your booking was placed through All The Dresses, a dress hire marketplace we partner with, the terms agreed on their website when you checked out will apply. You should check your order confirmation email or visit their website for terms & conditions rather than reading the terms on this page.
DEFINITIONS
In these Terms of Use “you” and “your” refer to all users of this Website and "Dressed By ES" (“we’, “us” and “our”) refers to Dressed By ES (ABN 89737617043). References to users must be read as being also a reference to customers of www.dressedbyes.com.
CONTRACT
These Terms and Conditions constitute a binding legal contract between you and Dressed By ES. These Terms and Conditions apply to you whether you are browsing or are a customer of Dressed By ES. The Terms and Conditions in force at any time are published on the Website and you will be taken to have accepted them by accessing or using the Website. If Dressed By ES develops revised Terms and Conditions, then on their publication on the Website they will supersede those they replace. If you subsequently access or use the Website, you will be taken to have accepted the revised terms of use. Specific Website offerings, incentives, areas, or section may also have additional guidelines which govern your use of this Website. You must comply with them in addition to these Terms and Conditions.
This agreement contains all the terms and conditions regarding your hire of products from Dressed By ES via the website www.dressedbyes.com. You agree that hiring from our business is subject to all our website terms and conditions of use and privacy policy. These are available on our website and are subject to change from time to time. You agree that you are renting products and ownership of the product always remains with Dressed By ES. Our products may be rented for customers who are under the age of 18 however we only rent directly to adults who may rent the products on behalf of a minor. By clicking the “I accept” agreement button you represent that you are over 18 years and are authorised to use the chosen method of payment with the purpose of renting the products on the order.
PAYMENT TERMS
The “hire fee” for the products will be the hire fee and delivery fees and any additional charges listed on the website in relation to your hire of products. By entering this agreement, you authorise Dressed By ES to charge the selected payment method according to the terms outlined in this agreement. You certify that you are authorised to use this credit card/account and you agree not to dispute the payment with your provider if Dressed By ES fulfils its responsibilities in providing the rental item(s).
You also authorise Dressed By ES to charge the supplied payment method for any additional fees as outlined in this agreement (such as damages or late return fees). If a charge against the supplied payment method cannot be made, we will provide you with an invoice for the fees which you agree to pay within 5 working days.
If for some reason, your payment for an order is reversed or rejected, you agree to pay the outstanding amount within 48 hours of demand. Failure to do this will result in immediate cancellation of the booking. If the item(s) have already been dispatched, you will still be liable for the full amount.
Dressed By ES reserves the right to take all steps necessary to recoup any amounts owing as per this agreement, including the use of debt collection agencies, and taking legal action. This may increase the amount owed by the customer, to cover the costs of these services.
IDENTIFICATION
We may ask for photo ID, credit card details or other forms of identification. We can refuse the right to hire if you are unable to provide the requested identification or document(s). If we have requested this information, it is your responsibility to provide this information immediately. In the event we are unable to fulfil your hire or delivery on time due to the information not being provided a credit only will be applied, no refunds will be given.
TITLE TO RENTAL ITEMS
At all times, the rental items are and remain the property of Dressed By ES. Dressed By ES reserves the right to retrieve the item(s) at any time. No modifications or alterations can be made to items without the explicit approval of Dressed By ES.
BOOKING PERIOD
Dressed By ES’ rental period is strictly four (4) days and is 'inclusive'. For example, this means that your item will arrive by Friday (Day 1 of your rental period), and you will post it back on Monday (Day 4 of your rental period). In this example, both the Friday and the Monday are included in the 4-day period.
DELIVERY
When booking an item, you are asked to select a "Delivery Date". You should select a Delivery Date which is 1 or 2 days before the day you intend to wear the item(s). Unfortunately, we do not accept Wednesday start dates as rentals cannot be posted back on a Saturday (Day 4 of your rental period).
The item(s) will be sent to arrive to the address provided on or before your chosen Delivery Date. All items are shipped via Australia Posts express service.
You will receive a tracking number to your supplied email address when the items have been dispatched.
Our standard postage rate is $19.95 including return delivery. This rate only covers items sent in the same order. If you are booking more than one dress and they are for different weekends you must place your bookings separately and pay the shipping amount separately in each order.
Your delivery can be delivered to you between 7:00am and 8:00pm on the requested day of delivery or earlier. Your hire period starts from the time the courier attempted first delivery and credits will not be issued for late delivery where you have not been available to accept delivery. When placing an order, you automatically give us authority to leave your parcel in a safe place. If you do not wish to grant us this authority, you must clearly outline this in the delivery instructions at checkout. You understand and agree that this authority to leave gives us and/or our selected couriers permission to leave the Order in question unattended by the front door, in the letterbox – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.
Please be aware on delivery of your rental, if in the instance Australia Post cannot deem the location a safe place to leave the item and the rental is taken to the post office on a Friday afternoon, it is your responsibility to pick up the item before closure, Dressed By ES will not provide a credit nor a refund in the instance you cannot wear your item due to Australia Post closure over the weekend. Australia Post makes this decision at the time based on whether they believe it is safe to do so and is completely out of our control.
If your delivery fails because you have provided an incorrect or incomplete address, you will not be entitled to a refund or credit. It is your responsibility to ensure that the address you enter is accurate and complete according to Australia Post. This includes providing a valid apartment/unit number, company name or any other information required for postage providers to deliver to you. If you have supplied an incorrect address, you will not be entitled to a refund/credit of any kind, and you may be liable to pay any late fees or a replacement fee if the dress is not returned to us or if the dress is returned too late for the next client due to the parcel being ‘returned to sender’. In the instance where a parcel is unable to be delivered in time due to AusPost being unable to gain access and/or leave the parcel in a safe place and you have not provided delivery instructions you will not be entitled to a refund/credit note of any kind and you may be liable to pay any late fees or a replacement fee if the dress is not returned to us. If you have supplied an address that has a redirection service set up and your parcel is not delivered in time you will not be entitled to a refund. Once the parcel has been despatched you agree to not redirect to a different address. If you redirect it in any way you will not be entitled to a refund/credit note of any kind if it does not arrive by the chosen delivery date. Redirecting a parcel will increase the delivery time by approximately 7-21 business days.
We aim to deliver hires as early as possible to mitigate any postage delays. Your delivery may occur up to fifteen (15) days prior to your chosen delivery date. Please ensure you provide a permanent address where there will be somewhere safe to leave a parcel or someone to accept the parcel up to 15 days prior to your chosen delivery date.
In most cases, your item(s) will arrive on or before your Delivery Date. Due to unforeseen circumstances and factors outside our control, usually related to issues with Australia Post, it may arrive late.
In the rare occasion that the dress is delivered after your return date you are still required to return the dress as soon as possible (no later than 48 hours after delivery). If you require additional time to return the dress due to a late delivery please contact info@dressedbyes.com. If a dress is not returned you are liable for 200% of the RRP of the dress, you may also be liable for late fees if you do not return the garment within a reasonable timeframe. It is therefore required that you select a permanent address that someone will be available at in the unlikelihood of the dress not being delivered as per your chosen date.
We understand the inconvenience caused by a delayed delivery and can offer you a refund minus postage ($30) or 110% store credit valid for 6 months once the item is back with us. Whichever is best for you! To be eligible for this the lender must have placed the hire 3 or more business days prior to the rental start date. If your hire is a "last-minute order" you will be entitled to a credit note minus $30 to cover two-way express postage costs.
No refund or credit will be provided if the delivery is slightly late, but you are still able to wear it to your event.
INCORRECT OR FAULTY ITEMS
If you open your delivered parcel to find that you have been sent the incorrect item, please email info@dressedbyes.com immediately. If there's enough time, we will do our best to get you a replacement, so you still have something to wear.
If you find that the item is correct, but has any other issues that you are unsatisfied with (e.g. damage, faults or noticeable stains), please email info@dressedbyes.com with clear images of the garment within 4 hours of delivery, and definitely prior to wearing the item. We reserve the right to refuse a refund if the dress is worn prior to notifying us of any issues.
If you don't let us know within this timeframe, we reserve the right to refuse a refund as it will not be clear when the damage was caused or by who. This is to be done even if you believe you will still wear the item. More importantly, it will mean you won't be blamed for the damage or charged damage fees.
You acknowledge that the items being sent to you are not brand new and may have some signs of wear & tear, they are rental pieces. A refund will not be granted if the issue is considered minor or insignificant.
In most cases, you will need to wait for the item to be returned to us and assessed, prior to a refund being approved and processed. If approved, you will receive a full refund including any amount paid for postage.
ISSUES WITH FIT OR APPEARANCE
At this point in time, we are an online only platform and do not offer try on appointments. We suggest trying on the piece in store or contacting us or the brand for more sizing/ appearance details.
We try to provide as much information as we can regarding the fit and appearance of the items available for hire on our website based off our own personal experience, opinion, and research. Dressed By ES takes no responsibility if you choose a size or item which does not fit you, does not suit you or does not suit the occasion you've chosen the item for. Please ensure if you are unsure about an item, you do thorough research and contact the brand themselves as they withhold the most knowledge and information about their own products. If in doubt, please get in touch and we will assist you as much as possible. There will be no refund or credit offered in this circumstance.
CANCELLATIONS
Dressed By ES does not offer refunds for cancelled orders, strictly a store credit only minus a small cancellation fee of $30. To be eligible for any store credit, cancellations must be made 30 days prior to the start date of your hire booking.
Credit notes due to cancellations are valid for 6 months and will expire if not used within that period. Once the credit note is used to make a new hire booking with Dressed By ES, the sale is final and not subject to any changes or cancellations for another credit note (this includes where the item is not the correct fit).
In exceptional circumstances we will consider a cancellation outside the allowances above but reserve the right to decide. Please get in touch to explain your situation for our consideration.
CANCELLATION FEE
A small cancellation fee of $30 is present for all credit notes. This fee is to cover loss of business costs due to the dress not being available to other clients, dry cleaning and other costs associated with fulfilling the order such as postage bags, labels etc.
*All orders placed using AfterPay will incur an extra $10.95 cancellation fee. *
Cancellations will not be accepted on days where there is a sale, or a promo offer.
CANCELLATIONS BY DRESSED BY ES
Dressed By ES may cancel your booking, for any reason. The compensation to you will be limited to the amount you paid to Dressed By ES for the booking and postage. Dressed By ES will not be responsible for any consequential damages that result from cancellation of the booking.
Reasons Dressed By ES may cancel your booking include, but are not limited to:
- The item is damaged by a customer that has rented the item prior to you.
- The item is lost or stolen by a customer that rented the item prior to you.
- It is deemed that it is not possible to deliver the item to you in time for your booking, due to previous late return by a customer, or for any other reason, such as postage network delays (particularly during periods of COVID-19 restrictions).
In all cases above, you will be entitled to a full refund.
RETURN OF ITEMS
All items rented via Dressed By ES will be delivered with a prepaid Australia Post express label for returning the item back to us. If you don't receive this, please let us know ASAP.
If you lose your return label it is your responsibility to return the garment via trackable express post to Dressed By ES, Unit 3, 11-17 Wilmette Place, Mona Vale 2103 NSW. You must provide tracking details and photo of addressed satchel to info@dressedbyes.com in order to avoid further borrowing charges.
Items should be returned over the counter at an Australia Post store or depot, on or before the specified booking return date. If your "Return on" date falls on a Sunday or a public holiday, you may post the item on the next working day before 3pm. No late fees will apply in this instance.
If for any reason you aren't able to attend an Australia Post store or depot to post back the item over the counter on the "Return on" date, you may return the parcel via a yellow Australia Post Express Post Street post-box. This is at your own risk. If the parcel is lost and is never scanned by Australia Post, you may be liable for replacement. Similarly, if the item arrives back much later than expected the date of the first scan on the tracking may be used as the date it was posted back when calculating late fees.
If you are picking up your rental you can opt to bring the dress back to the pick-up location or post back at your own expense, please let us know if you choose to post your rental back. If posting back you must post your hire back on the last day of your hire by 4pm and the same terms and conditions above apply. If you are bringing your dress back you must bring your dress back by the agreed date and time otherwise late fees apply.
CLEANING
We know small accidents happen, and we dry-clean all garments when they are returned to us after your rental. There will be no fees charged as long as all marks, spills, stains etc are not excessive and can be removed.
You forfeit the free dry cleaning service if the garment is returned with excess fake tan, stains, marks, dirt, spills etc. We will be in touch immediately whether there will be a dry cleaning fee.
You agree that under no circumstances will you attempt to clean the rental item(s) yourself or have them cleaned by anyone else unless Dressed By ES has given you written permission.
If you attempt to clean a garment and cause damage, or cause a stain to be permanent, Dressed By ES reserves the right to bill you a fee up to, but not more than 120% of the full RRP of the garment. The garments available for rent on our website are often sold out in all retail stores and no longer available from the designer, which is why a charge above the RRP may apply. This fee will be on top of any amount already paid for rental or postage.
Use of fake tan is at your discretion. If it causes permanent staining that won't come out when dry-cleaned, the damage policy below will apply.
DAMAGE OR LOSS
If you receive an item damaged, please take photos of this and let us know within 24 hours of it arriving. If you don't do this and there was no known damage prior to delivery, it may be assumed that the damage was caused by you.
If you damage a rental item, do not attempt to repair it. If it can be easily repaired (e.g. sewing on a button, re-stitching) it will be taken care of with no additional cost to you. It's also not a problem if the garment is stained, as long as it's not excessive and comes out when it is dry-cleaned after you've returned the garment.
You agree that under no circumstances will you attempt to clean/repair the rental item(s) yourself, or have them cleaned/repaired by anyone else without the permission of Dressed By ES. Do not cut, alter, iron or hem tape any item booked via Dressed By ES.
No damage insurance is included in your booking fee.
If an item is damaged and is not covered by minor repairs as mentioned above, you will be liable for the cost of restoring or replacing the garment. In the case the garment cannot be restored to a suitable condition, the fee charged may be up to, but not more than, 150% of the original RRP of the garment. This fee will be on top of any amount already paid for rental or postage, and the item will still need to be returned to Dressed By ES regardless of the amount of damage. Once renumeration is paid the garment always remains Dressed By ES’s property.
If you've lost or not returned an item, you will be liable for up to 200% of the RRP of the item.
The items available for rent on our website are often sold out in all retail stores and no longer available from the designer. This has led to some people renting an item and not returning it, or saying it is lost, so that they are able to obtain something they want to keep. This, along with loss of earnings from potential future rentals, is why there is a fee of up to 200% of RRP for lost and unreturned items.
If an item is lost by Australia Post, then there will be no fees charged to you. This is why it is important that you return the item by posting it over-the-counter at an Australia Post office or depot.
By doing this, the item will be scanned and there will be a record of you posting the item in their tracking system. This will not happen when you put it into a street post box, as a system record won't be created until it reaches a scanning depot, and there will be no evidence of you having posted the item, meaning you would be liable for the loss.
By accepting this agreement, you give permission for Dressed By ES to charge fees for damages or loss of an item to the payment method you used when placing your order. You will be given the option of using an alternative payment method before the charge is made.
LATE RETURN
You agree to return your product on the order return date (or next business day if your return date falls on a Sunday or public holiday) over the counter before the 4pm express post cut off using the express post return packaging/ label provided. If for any reason you post back your rental item(s) on a day after the last day of your rental period late fees will apply. In the instance you return your hire via the yellow post bins as specified not to, late fees may apply depending on the date Australia Post scans the item in as items are usually lost/ delayed via the yellow bins.
In the instance the next customer is unable to wear the dress and requires a refund due to a late return you will be liable for the loss of business along with the late fees specified below.
The fee charged for each day late will be your rental price divided four (4). For example, as your hire is a 4-day hire and the rental fee was $100, late fees would be charged at $25 for each day late.
By accepting this agreement, you give permission for Dressed By ES to charge late fees to the payment method you used when placing your order. You will be given the option of using an alternative payment method before the charge is made.
LIMITATION OF LIABILITY
By accepting our terms and conditions, you agree that Dressed By ES will not be liable for any loss, damage, costs or expenses of an indirect or consequential nature incurred or suffered by you as a result of:
- Cancellation of a rental booking
- Late delivery of a rental item
- Non-delivery of a rental item
- An issue with the quality, fit or appearance of a delivered rental item
This includes but is not limited to economic loss, loss of goodwill, emotional suffering, loss of opportunity or other loss of turnover, profits or business.
Dressed By ES’ liability will be limited to any amount paid by the customer to Dressed By ES.
DEFINITION OF "REFUND"
For the purposes of this agreement, a refund for an order is defined as returning back to you the initial form of payment used to place that order. If you paid for the order by credit/debit card, the funds will be returned to that card. If you paid for the order using a credit note, then you will be re-issued that credit note, with a fresh expiry date. For orders placed using a combination of multiple forms of payment, you will receive back those forms of payment in line with the amounts used to pay for the order.
In any circumstance, you forfeit your right to a refund if the item(s) are returned to us worn.
COVID-19 POLICY
Orders cancelled due to COVID-19 are subject to the ordinary cancellation terms however the cancellation fee will be waived and no period of notice for the cancellation is required.
CHANGES TO THE RENTAL AGREEMENT
Dressed By ES reserves the right to change the Rental Agreement at any time, so it is important you review and accept them each time you place an order with Dressed By ES.
The terms that apply to an order will be in accordance with the terms and conditions on the date the order was placed.
FOR SALE
Items that are purchased to keep (i.e. not hired) are final and cannot be returned for a refund or exchange.
Please note many of these dresses are second hand, with small signs of wear and tear, please email info@dressedbyes.com if you have any questions regarding the condition of a particular dress.
All accessories including Earrings & Hand Bags cannot be returned for a credit note and/or refund.
Any faults/damages must be reported within 2 business days of receiving the garment.
TRY ON APPOINTMENTS
When trying on our garments, please understand that we will always be honest with our customers and if we believe a garment will not fit or possibly be ruined in the process of trying on (ie. stretching the material, tears/ rips, zippers popping) we will tell you.
During the try on process if a garment is damaged, the damage conditions specified above apply. In the instance the garment becomes dirty due to deodorant, make up, tan etc the customer will need to pay a dry cleaning fee of $20 or more depending on the garment.
Please note we try our best to find a date and time when the garment you are after is in studio however hires always take priority and try on appointments may be cancelled at short notice due to this.
LENDERS
When signing up to become part of our consignment program you automatically agree to the Terms and Conditions listed on this website.
By agreeing to rent your garment/s on this site you acknowledge that it is in the best interest of the Lender to purchase Dressed By ES Lenders Insurance, a one time fee per item paid via
The Lenders Insurance will cover the Lender should their garment be stolen or unrepairable and accordingly with the package paid for.
Level 1: $45 (20% of the purchased price returned)
Level 2: $75 (50% of the purchased price returned)
Level 3 : $125 (70% of the purchased price returned)
It is not Dressed By ES' responsibility to remind the Lender to purchase insurance before their elected garments first hire. In the instance something happens and the purchased price % is needing to be paid Dressed By ES reserves the right to ask for receipts from the original order to verify the cost the Lender purchased the garment for in order to pay the accurate insurance price back to the lender.
If the Lender or Dressed By ES chooses to revoke the garment from Dressed By ES' website and their garment has not been rented, the insurance will be refunded in full. If the Lenders dress has been rented their Lenders Insurance has been activated and will not be eligible for a refunded.
Each Lenders Insurance is valid for 1 garment. If the Lender decides to rent more than 1 garment on Dressed By ES' website, it is up to the lender to purchase insurance for each garment.
Lenders can add insurance to their garment at any point during their contract at Dressed By ES. If an order is placed and the Lender has not purchased Lenders Insurance prior to this it is not valid for that hire, it is up to the lender to purchase prior to any rental period, should they want protection.
Dressed By ES reserves the right to remove Lenders garment/s without any notice to the Lender. The Lender reserve the right to remove their garment/s off Dressed By ES' site granted their garment has no future bookings, undergone strategic marketing within the past 4 weeks or been on the website for less then 3 months from the time the Lender confirms their contract.
Once the Lender has signed up to become a Lender with Dressed By ES, they must have the agreed garment/s dry cleaned ready for drop off. Dressed By ES will create a hire price based on the brand, RRP and condition of the Lenders chosen garment/s. The Lender will be paid a percentage of the hire price which will be decided by Dressed By ES at the start of the contract. The percentage the Lender is paid will be calculated after dry cleaning, website/ transaction fees, marketing and operational costs have been deducted.
Payments will be paid to the Lender via bank transfer seven (7) business days after each hire period has ended. The lender will receive email confirmation of each hire received for their garment and a separate email when payment is made into their elected bank account.
Once the garment/s are ready for drop off the Lender must provide a time/date to drop off the garment/s to the Dressed By ES studio. Dressed By ES reserves the right to reject the garment/s once given an inspection in real life. The Lender is required to pay for any alterations Dressed By ES sees fit for their garment/s to ensure it meets the Dressed By ES standards before it is accepted into the Lenders program.
Once the exchange has been made, Dressed By ES will cover any future costs of garment/s to be altered to ensure they stay in the best condition. If the garment does not require dry cleaning whilst being rented by Dressed By ES, then Dressed By ES will handle the cleaning process. The payment must be made before the garment is picked up or shipped from Goldie’s store.
The Lender is able to borrow their garment/s whenever they please (granted the garment isn’t already booked by a customer for those dates). Should the Lender require their garment to be shipped to them, the Lender must pay for return express post shipping costs. Lenders are able to pickup/drop off their garment to borrow from the Dressed By ES studio. The Lender agrees to have the garment dry cleaned or pay Dressed By ES the dry cleaning cost when returning the dress.
CONTACT
For more information about our terms and conditions, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@dressedbyes.com.
Last updated: 05/05/2024
If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant fair trading and consumer authority.
Please see the below link for the ACCC regarding consumer rights and laws: