terms & conditions (the boring stuff)

please see our terms and conditions below- we know they look long and scary, please feel free to contact us if you have any questions.

 

PLEASE NOTE:

 

The Terms and Conditions apply to you when you Hire Clothing from Style Rotate in the showroom or through the Website.

 

By clicking on the necessary tick box, replying by email or hiring any Clothing on our website or Instagram page, or directly, you are bound by the Terms and Conditions and we are entitled to rely on the fact that you agree to hire Clothing from us subject to the Terms and Conditions as set out herein.

 

1. Definitions

In these terms and conditions, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings –

 

• “Administration Fees” means the amount we charge you if there are Late Fees or Replacement Fees payable or if you cancel a Hire or if you return clothing or exchange clothing that does not fit;
• “Clothing” means any dresses, clothing garments and other accessories available for hire from us, if the context so requires “Clothing” will also mean the specific Clothing which you have Hired from us;
• “Hire” or “Hired” means the Hire of Clothing from us;
• “Hire Cost” means the amount payable by you for the Hire, as indicated on the Website or as otherwise agreed with us in writing;
• “Hire Period” means the period for which you Hire the Clothing as selected on the Website or as otherwise agreed with us in writing;
• “Late Fees” means the amount payable for returning the Clothing after the Hire Period, being an amount equal to the Hire Cost for the Hire Period, or pro-rata for a four day hire period, whichever is longer;
• “Replacement Fees” means the amount equal to the retail value of the Clothing which has not been returned or has been damaged or altered in any way, as is determined by us in our sole and absolute discretion, acting reasonably;
• “Style Rotate”, “us”, “our” and “we” means Style Rotate Proprietary Limited, Registration number 2019/455212/07;
• “Studio” means the Style Rotate studio as indicated to you at the time of Hire;
• “Terms and Conditions” means the terms and conditions contained herein which regulate our relationship with you;
• “User” and “you” means the individual making use of the Website and services provided by us; and
• “Website” means website and/or the Instagram page of Style Rotate from time to time.

Payment Options Accepted

2. Payment may be made via Visa, MasterCard, Diners or American Express Cards through our payment partners, Yoco. 

 

 Card acquiring and security

3. Card transactions will be acquired for Style Rotate (Pty) lTD via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details

Applicability and amendments to the Terms and Conditions

2. • The Terms and Conditions are applicable for the duration of your Hire (including any automatic extensions of the Hire Period due to the Clothing being returned late) and during any period thereafter including during any unsettled disputes in relation to your Hire or use of the Website.
   • Style Rotate retains the right to make minor and administrative amendments the Terms and Conditions at any time without having to notify you.
   • Style Rotate will give you at least 5 (five) days’ notice of any material amendments to the Terms and Conditions.
   • If you are not happy with any amendments made then you may discontinue using our Hire services or visiting our website.

 

3. Use and Damage of Clothing and Late Returns
   • You will treat the Clothing with the highest standard of care.
   • You will not in any way alter (temporarily or permanently) the Clothing in any manner without our prior consent in writing.
   • Clothing will be returned on the expiry of the Hire Period and in the same condition as when Hired.
   • Should you be renting clothing on behalf of a corporate entity or for commercial use, it is your responsibility to attain usage release forms from designers. Style Rotate will not be held liable for copyright infringement or usage disputes. 
   • You will inspect all Clothing and it is your obligation and duty to record to us in writing immediately upon receipt of the Clothing if there is any damage, defect or wear and tear of whatsoever nature to the Clothing. We can then take note of such damage, defect or wear and tear. As long as you return the Clothing in the same condition as when Hired you will not be liable for this.
   • Unfortunately we cannot Hire Clothing to you or other customers which has been damaged in any way whatsoever, whether due to your fault or another’s. Although we will try to fix (at your cost) any damage to the Clothing, we need to ensure that the Clothing is fit for its purpose and we need the Clothing to be ready for the next Hire. As such we have the right, to be exercised in our sole discretion, to charge you the Replacement Fees of any of the Clothing which is (i) not returned within 5 (five) calendar days of the end of the Hire Period; or (ii) damaged or altered in any way, for any reason whatsoever, whether due to your own fault or another’s.
   • Whenever the retail value of Clothing needs to be determined in terms of the Terms and Conditions, we make this determination but we will act reasonably in making such determination.
   • We have the right, to be exercised in our sole discretion, to charge you Late Fees if any Clothing is returned after the Hire Period. This is R50 per day, after the deadline of 1pm on your rental end date. 
   • We have the right, to be exercised in our sole discretion, to charge you a reasonable Administration Fee if any Replacement Fees or Late Fees are payable. This is to cover the cost of making arrangements to acquire new Clothing, following up with you on late delivery or lost Clothing, bank fees etc (this list is not exhaustive).
   • You authorise Style Rotate to debit the card which you used to make the payment of your Hire Cost for any Hire Cost, Replacement Fees, Late Fees or Administrative Fees payable in accordance with the Terms and Conditions.
   • Any Replacement Fees, Late Fees or Administrative Fees paid by you in terms of the Terms and Conditions are in addition to any Hire Cost.
   • If you fail to return the Clothing and have paid the all the Replacement Fees, Late Fees and/or Administrative Fees (as may be applicable), you will own the Clothing. This “sale” is made on a voetstoots basis and we make no warranty to you in respect of such Clothing.

 

4. Availability of Clothing
   • Sometimes Clothing will not be available. Unfortunately we make no warranties or guarantees that the Clothing which is listed on the Website is available. There may be situations in which things can happen which are out of our control and the Clothing may at short notice not be available anymore (for instance when the previous customer has not returned the Clothing or has damaged the Clothing).
   • We endeavour to give you as much notice as we are able in the circumstances to allow you to make alternative arrangements and will refund any Hire Costs already paid if we cannot fulfil a Hire.

 

5. Orders and Payment for Hire of Clothing
   • The Hire Cost is the full amount payable by you to rent the Clothing for the Hire Period. If there are any additional costs payable by you this will be indicated to you by us at the time of Hire;
   • In order to Hire Clothing you need to provide us with all the necessary information on the Website.
   • When placing your order to Hire Clothing, you authorise Style Rotate to charge the Hire Cost to your bank card immediately.
   • Payment can be made via  Visa, MasterCard or American Express Cards. You will be redirected to the website of our payment merchant (PayeGate DPO) who is an approved payment gateway for all South African Acquiring Banks.
   • We may ask you to either pay a deposit to cover any possible Late Fees, Replacement Fees or Administrative Fees, or to provide credit card details to keep in case we need to charge these fees to you. If you have provided us with your credit card details then you authorise us to debit your card with any Late Fees, Replacement Fees or Administrative Fees payable in terms of the Terms and Conditions.
   • After payment of the Hire Cost has been received, we will email you all the necessary information.

 

6. Extending the Hire Period
   • You can request an extension of the Hire Period by emailing as soon as possible to extend the Hire Period, before the end of the Hire Period. We have the right in our sole discretion to refuse extensions of the Hire Period.
   • We will send you a new email with all the necessary details, including the new Hire Cost.

 

7. Cancellation policy

   • please see below our current cancellation policy. we advise all rotators to be fully aware of our cancellation policy before renting to avoid any disappointment. 

     please let us know as soon as possible on lerato@stylerotate.com if you need to cancel your rental

     if you let us know 10 or more working days before your rental start date: 

     • we will be able to reschedule your rental to a new future date, or
     • issue you with a gift-card to the value of your rental amount which will be valid for 2 years, or
     • cancel your rental and issue you with a full refund. these are processed through our payment merchant and take 10 working days to reflect in your account

     if you let us know within 9 working days* of your rental start date but before the item has been shipped or collected:

     • we will be able to reschedule the rental to a later date, or
     • we are able to issue you with a gift-card to the value of your rental amount
     • we are unable to issue you with a refund

     *please note: if your delivery address is outside Cape Town, it is likely the item has been shipped two working days before the rental start date, then the below will apply. 

     if you let us know after your item has been shipped to you, or when you have already collected/received the item:

     • we are unable to refund the rental amount, reschedule or issue you with a refund. this is due to costs already incurred such as delivery, dry cleaning, packaging etc. every item leaving and returning to the studio is dry-cleaned regardless of whether it has been worn.

 

8. Delivery
   • It is your responsibility to be available at the delivery address provided at the time provided when you made the Hire. The Hire Period will run and we are entitled to charge extra delivery fees if you do not meet the courier at the agreed delivery location at the agreed time.
   • We will deliver your Clothing on the date you indicate, but you need to complete your Hire and pay before 13h00 on an a business day, if you want delivery by the following day.
   • We will ensure that Clothing is ready to wear when delivered to you.
   • If due to our or the courier’s negligence or fault the Clothing is not delivered to you on time, or the wrong Clothing is delivered, or the Clothing is not fit for use, we will at your election, either extend the Hire Period, subject to any other orders for the Clothing, or refund to you the portion of the Hire Fee for the elapsed period, or refund the Hire Fee and cancel the Hire.

 

9. Refunds- Clothing which is the wrong size
   • If the Clothing does not fit you must notify us within 4 (four) hours of accepting the delivery.
   • You can then either request another size (subject to availability) or return the Clothing. If you notify us of a problem with the size of the Clothing within 4 (four) hours of receiving the Clothing and wish to return same, you will be issued with a gift-card to the value of the rental amount, minus the dry cleaning and delivery fee. Either way we are entitled to charge you the Administration Fee.

 

10. Returning the Clothing
    • It is your responsibility to be available at the delivery address provided at the time provided when you made the Hire, for the collection of the Clothing, and to give the Clothing to the courier. If you fail to do so, Late Fees in accordance with the Terms and Conditions will be applicable.
    • You can request another courier to collect the Clothing from the same location, but if this is after the end of the Hire Period, then Late Fees and Administrative Fees will be payable accordance with the Terms and Conditions.
    • You can also make alternative prior arrangement with us (which we can accept or reject at our sole discretion) for the return of the Clothing.
    • Upon receiving the returned Clothing, we will inspect the Clothing for any damage or alternations.
    • Please note that we do not accept responsible for any items left in the Clothing when returned to us.

 

11. Warranties and representations
    • Style Rotate does not give you any warranty (express or implied) or make any representation in relation to the Clothing or the operation of the Website. You Hire Clothing completely at your own risk and you acknowledge and agree that the Clothing may look different in reality than it did on the Website due to various reasons.
    • You, the user of our Hire services, warrant to and in favour of Style Rotate that:
      • you have the consent of a parent/guardian to enter into this Contract if you are a minor;
      • you have full legal capacity to agree to and be bound by these Terms and Conditions; and
      • these Terms and Conditions constitute a valid legal contract, which is enforceable against you.
    • Each of the warranties which you give:
      • is a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Terms and Conditions;
      • is severable from the other warranties contained herein; and
      • is deemed to be material.

 

12. Events out of our control

If there is something which is beyond our control, such as lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible in any manner whatsoever, and acts of government or other competent authorities, and this causes us to not be able to perform under the Terms and Conditions, then will not be liable if either of us cannot perform. This provision will not apply to the payment by you of any money due and owing to us.

 

13. Notice for service
    • We select 102 Third Avenue, Kenilworth, Cape Town as our physical address and cleo@finway.co.za and tash.liesner@gmail.com as our email addresses for service of all formal notices and legal processes delivered under the Terms and Conditions or resulting from the Hire.
    • Your physical and email address provided to us with the Hire will be your physical and email address for service of all formal notices and legal processes delivered under the Terms and Conditions or resulting from the Hire.
    • You may change your physical and email addresses by notice to us with 3 (three) days’ notice. We may change our physical and email addresses for notice by updating the Terms and Conditions.

 

14. Miscellaneous
    • The Terms and Conditions and all obligations connected to it or arising from it shall be governed by and interpreted in accordance with the laws of the Republic of South Africa and the parties hereby submit to the exclusive jurisdiction of the courts thereof.
    • The Terms and Conditions constitute the whole agreement between the us relating to the subject matter of these Terms and Conditions and supersedes any other discussions, agreements and/or understandings regarding the subject matter hereof.
    • Our failure to insist upon or enforce performance by you of any provision of the Terms and Conditions, or to exercise any right under these Terms and Conditions, shall not be deemed as a waiver of our rights to enforce any such provision or right in any other instance under the Terms and Conditions.
    • We may transfer the rights and obligations under these Terms and Conditions to third parties, however you may not do so without our consent.
    • In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable in whole or in part, such provision shall be deemed rewritten to effectuate the intent of you and us to the greatest extent possible without being invalid, illegal or unenforceable, and no other term of the agreement shall be in any way affected thereby. If this is not possible then such provision will be severed from the Terms and Conditions and the remaining provisions will remain enforceable.
    • If you made it this far then we commend you! Now go look fierce in your new look.