Terms and Conditions - Consignment
Last updated: 30/04/2023
Curated by KT is a sustainable designer clothing hire company. All users of our services are required to read, accept and agree to comply with these terms and conditions. If you are using our Services, you are contracting with Curated by KT. Hereinafter referred to as “Curated by KT”, “we”, “us”, or “our”.
By using our Services, you agree to comply with and be legally bound by the terms and conditions of these “Terms”. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and Curated by KT. If you do not wish to accept any aspect of the Terms, we strongly recommend you stop using our services immediately.
Curated by KT reserves the right to make changes to the services provided by Curated by KT and to these Terms which will not materially affect your use of the services. Curated by KT strongly recommends that you revisit these Terms each time you use the services to familiarise yourself with any amendments.
Definitions outlined below apply throughout the Terms:
“Booking Date”: the date on which you placed the order for the rental of a product, this date will be outlined in your rental agreement.
“Client”: defines the person that enters into a rental agreement with us.
“Consignment”: refers to the act of consigning, the act of giving over to another person of agent’s charge, custody or care of any material or goods but retaining legal ownership until they choose to sell it.
“Content”: any photos, text, or any other information posted to the Curated by KT Platform or the Curated by KT social media platforms by Curated by KT or Members.
“Curated by KT”: Curated by KT, we, us, our.
“Delivery Fee”: the cost for each product to be delivered as part of the Services.
“Dry Cleaner”: refers to any individual or business who dry cleans garments for Curated by KT.
“Garment”: refers to the item the owner has consented to consign to us. They are also referred to as Rental Items.
“Owner”: defines the person(s) or business who has consigned their garment to Curated by KT and entered into a consignment agreement with us.
“Postal Items”: refers to items that are hired and require delivery services. This is in contrast to local hires which are picked up and dropped off directly.
“Rental Fee”: the fee to rent a product.
“Rental Period”: the agreed period of time that the Garment is hired by the Client.
“Rental Return Date”: means the date the Garment is to be lodged at an Australia Post Office or returned to the pick-up location.
“Rental Start Date”: means the date the Rental Period begins. This date is confirmed in your rental agreement.
“Replacement Value”: a reasonable estimate of the current market value of a product by Curated by KT. We shall determine the value in its sole discretion and its determination shall be final and binding.
“Security Deposit”: means the security deposit applied to products over a certain value amount and determined by Curated by KT. The sum of which shall be held until the product is returned and confirmed to be in good condition with no damage.
“Terms”: means these terms and conditions.
“Third Party”: refers to any individual or business who is engaged by Curated by KT that is not listed above.
Section 1: Length of Consignment Agreement
1.1 Length of consignment agreement: The garments are signed up for 6 months at a time unless Curated by KT and the Owner agrees to a specified time period.
1.2 The Owner relinquishes all rights to the garment during the period of which it is consigned to Curated by KT.
1.3 The Owner may use their own garment should the garment not be hired 24 hours prior to their event.
1.4 The Garment is to be kept in the Curated by KT collection for the duration of the agreement and for the duration of any outstanding bookings made during the specified time period of the agreement.
1.5 The consignment agreement will renew for six months and continue to apply past the specified time period of the consignment agreement if the Owner has not contacted Curated by KT to remove the garment from Curated by KT.
Section 2: Consignment Fees and Pricing
2.1 Discounts: Curated by KT reserves the right to put in place any promotions or discounts at our discretion only. Owners are not entitled to give any discounts.
2.2 Consignment fee: The Owner will receive 50% of the hire price. This price is subject to (i) goods and services tax, (ii) any maintenance (general wear and tear), (iii) payment processing fees (via Shopify, Afterpay, PayPal etc.) (if applicable) and (iv) any promotions or discounts (if applicable). The amount will be debited into the Owner’s chosen bank account once the garment has been returned back to Curated by KT.
Section 3: Condition of the Garment
3.1 Condition of the garment: Garments must be presented to Curated by KT in a condition ready to hire. If the garment requires dry cleaning, Curated by KT can arrange this at the Owner’s cost.
3.2 Curated by KT reserves the right to refuse the garment and void the Consignment Membership should any information provided be untrue or the garment arrives not as described.
3.3 General wear and tear and maintenance: Curated by KT will acquire permission to arrange any alteration/modification of the garment for wear and tear or significant modification.
3.4 Garments may incur some general wear and tear during the 6 month duration. Curated by KT will contact the Owner if there is significant wear and tear or any damage to the Garment.
Section 4: Lost, Stolen, or Damaged Garments
4.1 Lost, stolen, or damaged items while in the care of a Dry Cleaner or another Third Party: Curated by KT is not responsible should the garment be lost, stolen or damaged while in the care of a Dry Cleaner or another Third Party. Curated by KT will take reasonable steps to receive compensation on behalf of the Owner should the garment become lost, stolen, or damaged beyond repair while under the care of a Dry Cleaner and another Third Party.
4.2 Lost, stolen, or damaged items while in the care of a Client: If a Garment is not returned or damaged beyond repair by a Client, Curated by KT will make reasonable attempts to contact the Client and recover the Replacement Value. If within one week of initial contact nothing has been resolved, Curated by KT will deposit 25% of the replacement value to the Owner’s chosen bank account. If the Garment is recovered at a later date in good or gently worn condition, the deposited funds are to be returned to Curated by KT immediately by the owner. If funds are not deposited to Curated by KT’s bank account within a two week period from the date the owner was notified then the garment that has been recovered will remain under the ownership of Curated by KT until the funds are deposited.
4.3 Liability of Curated by KT: If a Garment is lost, stolen, or damaged while in the care of a Client, Dry Cleaner, or Third Party, and we are unable to recover the replacement value after reasonable attempts to recover the replacement value. Curated by KT will be liable for 25% of the replacement value.
Section 5: Use of Garments for Content Creation and Photoshoots
5.1 Curated by KT reserves the right to use the garments for photoshoots and content creation in order to market and advertise the garment. This does not include influencer marketing.
5.2 Curated by KT will seek approval from the Owner before the garment is used for influencer marketing.