Terms and Conditions

Darling Designer Hire Terms and Conditions 

Welcome to Darling Designer Hire.

In these terms, we also refer to Darling Designer Hire ABN… as “our, “we”, or “us”. 

Definitions

A. “Darling Designer Hire” means Darling Designer Hire who will be supplying the Hired item for 

the Customer to hire. 

B. “Hired Item” means all items(s) supplied by Darling Designer Hire to the customer. 

C. “Business Day” means a day that is not a Saturday, Sunday or public holiday anywhere in 

Australia.

D. “Customer/and or Client”

means the individual who is hiring out the Item supplied by Darling Designer Hire, over the 

age of 18, and accepts the Terms and Conditions (by both; checking the box that states that 

the Customer accepts) of hiring the Item.

E. “Damage(s/d)”

means any damage including, but not limited to, a stain, mark, tear, discoloration/changes 

to original colour, faultiness, caused to the Item during the Hire Period, whilst in the 

possession of the Customer. *Note; that all Customers will be supplied with photographic 

evidence of the items current condition prior to the hire.

F. “Debt Collectors”

means any insurer, debt collection agency, or solicitor/barrister, which Darling Designer Hire 

has retained to collect any outstanding fees owed by the Customer.

G. “Delivery Date”

means the date in which the Courier makes or attempts to make the delivery of the Item to 

the Customer.

H. “Dispatch Date”

means the date that the Item has been sent by Darling Designer Hire to the Customer via 

Courier.

I. “Hire Period”

means the duration between the delivery date and return date.

J. “Hire Fee”

means the cost to hire the Item for the hire period.

K. “Additional Daily Fee” means the cost of any additional day with the hire period.

L. “Insurer”

means a licenced insurance company

M. “Payment”/“Payment Card”

means Mastercard, Visa and Paypal Afterpay OR any other payment method approved by 

Darling Designer Hire. 

N. “Penalty Fee”

means any amount owing for; a stolen, missing or damaged Item and/or the Item being 

returned after the return date.

O. “Personal Details”

means any personal information which include but is not limited to copy of driver’s license, 

passport or identification card, full name, date of birth, address, phone number, email and payment card details, which the Customer has registered onto Darling Designer Hire’s 

website.

P. “Return Date”

means the date in which the Customer must lodge the delivery of the Item with Australian 

Post by. It also means the date in which the Customer must provide a Darling Designer Hire a 

tracking number to show proof of lodgment.

Q. “Third Party”

means anyone other than Darling Designer Hire and the Customer – this includes, but is not 

limited to a friend, family member, acquaintance or unknown persons.

Agreement of Hire

A. An Agreement of Hire is formed once the Customer accepts the Terms and Conditions and 

makes payment of the hire fee. Effectively, Darling Designer Hire will then agree to supply 

the Item to the Customer for the hire period.

B. The Agreement of Hire subsequently binds Darling Designer Hire and the Customer to the 

obligations of the Terms and Conditions.

Payment of Hire Fee

A. Upon accepting the Terms and Conditions, the Customer will be directed to make payment, 

which will in effect process the Agreement of Hire (provided the payment is approved).

B. Payment will take in the form of one of the following options:

i. Bank Transfer

ii. Paypal

iii. Credit card

iv. Afterpay

C. The Customer acknowledges and agrees that the Cancellation Fee is a reasonable estimate 

made at the time of entering into the Agreement of Hire and that it is the anticipated loss 

that Darling Designer Hire will suffer by reason of cancellation.

D. The Customer acknowledges and agrees that Darling Designer Hire will keep the Customer’s 

personal details confidential until the Customer returns the Item to Darling Designer Hire, 

except in the following circumstances;

i. In the event that there are debts owing for a stolen and/or damaged Item, Darling 

Designer Hire will keep the Customer’s personal details until all and any penalty fees are 

paid in full; and

ii. If the Customer is a one-off Customer who is not registered with Darling Designer and fails 

to return the Item at all, on time or without damage(s), Darling Designer will keep the 

Customer’s personal details until all penalty fee(s) are paid.

iii. If the Customer has any unpaid fees such as; additional daily fee, damage fee etc Darling 

Designer Hire will bill the owing amount to the Customer.

E. The Customer acknowledges and agrees that Darling Designer Hire can and will use the 

Customer’s personal details if the Customer is in breach of the Agreement of Hire which may 

include, but is not limited to the following;

i. Damage(s) caused to the Item;

ii. Stealing the Item;

iii. Returning the Item after the return date; and

iv. Any cancellations that render a penalty, pursuant to Clause 6C

Damages

A. Where an Item has been returned with damage(s), Darling Designer Hire will charge a 

Penalty Fee, minimum of $300, and charge the Customer for any additional costs related to 

fixing the Item, and subsequently take any necessary action at its sole discretion without 

notice. If Darling Designer Hire incurs fees as a result of engaging debt collection services, 

such fees will be passed onto the customer also.

i. The Customer will be contacted in writing and advised of the amount owing.

ii. Within 48hours of having contacted the Customer, Darling Designer Hire will then either 

attempt to charge the customers card for the damage fees and/or commence debt recovery 

action against the customer unless stated otherwise.

B. Where the Penalty Fee is not able to be paid in full as advised by the Customer, Darling 

Designer Hire will make one attempt to contact the client to organise a repayment plan.

Stolen or Unreturned Goods

A. In the event that the Customer or any third party has stolen, lost or has not returned the 

Item, Darling Designer Hire will withdraw the full recommended retail price from the 

customers card to replace the Item. The Customer will be notified via email within 48 hours 

of the charge taking place. If Darling Designer Hire isn’t able to charge the Customer’s card, 

Darling Designer Hire will commence debt recovery action against the customer unless 

stated otherwise. Any fees incurred by Darling Designer Hire as a result of engaging debt 

collection services will be passed onto the customer.

i. Where Darling Designer Hire is satisfied that the Customer has stolen the Item, Darling 

Designer Hire will provide the Customer’s personal information to the Police and/or Debt Collector for prosecution.

B. In the event that the Customer is able to locate and return the Item after it has been stolen 

or lost, the Customer will be refunded the full value of the Item provided that Darling 

Designer Hire is satisfied (at its sole discretion) that the following is evident:

i. That the Item has not been damaged in any way;

ii. That the Item has been authenticated and proves to be the same item; and

iii. That the Customer has provided a truthful statement of how the Item was located.

The Customer, will however be charged a Penalty Fee at a flat rate of $300.00, and an 

additional $50.00 for every late day after the return date. The customer will also be charged 

any fees incurred by Darling Designer Hire as a result of engaging in debt collection services.

C. In the event that the stolen Item has been returned and is damaged, Darling Designer Hire 

will also charge the Customer a Penalty Fee, pursuant to Clause 4 of these Terms and 

Conditions.

D. Where the full value of the Item is not available to be paid in full by the Customer, Darling 

Designer Hire will make one attempt to contact the client to organise a payment plan.

E. The Customer is liable if the bag is not returned in the same condition that it was received.

Delivery and Return 

A. All orders must be placed by Tuesday 06:00 a.m. AEST (Australian Eastern Standard Time or 

Australian Eastern Daylight Savings Time) if desired delivery day is Friday. Certain instances 

such as COVID-19 may impact severely on postal services in which case orders should be 

placed by Monday for Friday delivery.

B. A tracking number will be provided to the Customer to track.

C. Delivery date takes effect when the Customer receives the delivery, whether it is with the 

courier or post office.

D. Return date takes effect as soon as the Customer has lodged the Item with the post office 

and can provide evidence of lodgement with a receipt.

i. The Customer has the responsibility to re-package the Item in accordance to Darling 

Designer Hire instructions to ensure that it is protected, subject to minimal damage and is Damages

A. Where an Item has been returned with damage(s), Darling Designer Hire will charge a 

Penalty Fee, minimum of $300, and charge the Customer for any additional costs related to 

fixing the Item, and subsequently take any necessary action at its sole discretion without 

notice. If Darling Designer Hire incurs fees as a result of engaging debt collection services, 

such fees will be passed onto the customer also.

i. The Customer will be contacted in writing and advised of the amount owing.

ii. Within 48hours of having contacted the Customer, Darling Designer Hire will then either 

attempt to charge the customers card for the damage fees and/or commence debt recovery 

action against the customer unless stated otherwise.

B. Where the Penalty Fee is not able to be paid in full as advised by the Customer, Darling 

Designer Hire will make one attempt to contact the client to organise a repayment plan.

Stolen or Unreturned Goods

A. In the event that the Customer or any third party has stolen, lost or has not returned the 

Item, Darling Designer Hire will withdraw the full recommended retail price from the 

customers card to replace the Item. The Customer will be notified via email within 48 hours 

of the charge taking place. If Darling Designer Hire isn’t able to charge the Customer’s card, 

Darling Designer Hire will commence debt recovery action against the customer unless 

stated otherwise. Any fees incurred by Darling Designer Hire as a result of engaging debt 

collection services will be passed onto the customer.

i. Where Darling Designer Hire is satisfied that the Customer has stolen the Item, Darling 

Designer Hire will provide the Customer’s personal information to the Police and/or Debt 

Collector for prosecution.

B. In the event that the Customer is able to locate and return the Item after it has been stolen 

or lost, the Customer will be refunded the full value of the Item provided that Darling 

Designer Hire is satisfied (at its sole discretion) that the following is evident:

i. That the Item has not been damaged in any way;

ii. That the Item has been authenticated and proves to be the same item; and

iii. That the Customer has provided a truthful statement of how the Item was located.

The Customer, will however be charged a Penalty Fee at a flat rate of $300.00, and an 

additional $50.00 for every late day after the return date. The customer will also be charged 

any fees incurred by Darling Designer Hire as a result of engaging in debt collection services.

C. In the event that the stolen Item has been returned and is damaged, Darling Designer Hire 

will also charge the Customer a Penalty Fee, pursuant to Clause 4 of these Terms and 

Conditions.

D. Where the full value of the Item is not available to be paid in full by the Customer, Darling 

Designer Hire will make one attempt to contact the client to organise a payment plan.

E. The Customer is liable if the bag is not returned in the same condition that it was received.

Delivery and Return 

A. All orders must be placed by Tuesday 06:00 a.m. AEST (Australian Eastern Standard Time or 

Australian Eastern Daylight Savings Time) if desired delivery day is Friday. Certain instances 

such as COVID-19 may impact severely on postal services in which case orders should be 

placed by Monday for Friday delivery.

B. A tracking number will be provided to the Customer to track.

C. Delivery date takes effect when the Customer receives the delivery, whether it is with the 

courier or post office.

D. Return date takes effect as soon as the Customer has lodged the Item with the post office 

and can provide evidence of lodgment with a receipt.

i. The Customer has the responsibility to re-package the Item in accordance to Darling 

Designer Hire instructions to ensure that it is protected, subject to minimal damage and is returned the way it arrived.

ii. The Customer will be liable for any damage(s) made to item via transit if it was not 

packed/protected in accordance to Darling Designer Hire’s packing instructions

iii. The Agreement of Hire and hire period will cease at the moment the item is received 

upon return.

iv. The Customer no longer has responsibility or liability over the Item after the return date 

unless there is an outstanding amount due; or the Item has been damaged whilst being 

returned due to poor packaging as deemed by Darling Designer Hire.

v. The Customer however will be responsible and liable for any damages that occurred 

during the hire period.

E. Darling Designer Hire will deliver the Item via Express Post through Australia Post. The 

Customer must be aware of the following;

i. Express Post covers 80% of Australian business addresses, private addresses and post 

office boxes;

ii. Service operates between all capital cities except Darwin and Perth CBD and some major 

centres;

iii. Outside metropolitan areas guaranteed service is to and from townships only;

iv. If the address is outside the Express Post network, Australia Post will use the fastest 

possible transport links, however does not guarantee next day delivery; and

v. If Australia Post/or other chosen courier company fails to deliver an item on time for the 

customers hire start date, the customer is entitled to a credit of the hire price for a period of 

6 months; this does not include the shipping fee.

vi. The customer must return the item/s over the counter to an Australian Post store before 

3.00pm on the rental due date. The customer must obtain a receipt as proof of postage. If 

the item/s go missing and the customer does not have a receipt for proof of return postage, 

the customer is liable for the full retail price of the bag.

vii. If the customer has given Darling Designer Hire the wrong postal address the customer 

will be liable for the bag if is lost/stolen.

F. The Customer will be liable for a minimum penalty fee of $50.00 for every late day until the 

Item has been returned to Darling Designer Hire. The late fee will be relative to the price of 

the bag hired; the more expensive the bag the higher the late fee.

i. The bill will be emailed to the Customer in the format of a tax invoice.

ii. After 48 hours of having billed the Customer, Darling Designer Hire will then attempt to 

charge the customers card and/or pursue debt recovery action unless stated otherwise by 

Darling Designer Hire.

G. If the return date lands on a public holiday the individual will not be charged a late fee.

Repayment

A. In the event that the Customer cannot pay for any penalty fee for losing the Item, damaging 

the Item and/or returning the Item late, Darling Designer Hire is willing to enter a reasonable 

short-term payment plan at its sole discretion.

B. If the Customer defaults on the agreed payment plan Darling Designer Hire will resort to 

taking legal action through its nominated debt collectors at its sole discretion without notice 

until all penalty fee(s) are recovered from the Customer by Darling Designer Hire.

Cancellation

A. All or any cancellations must be made by the customer 48 hours prior to the dispatch date;

B. Where cancellations are made less than 48 hours prior to the dispatch date and the Item has 

already left Darling Designer Hire’s vicinity, the Agreement of Hire will continue to be in 

effect until the return date. The Customer will be bound by the Terms and Conditions and its 

obligations and may use the Item as per the Agreement of Hire.

i. Regardless of whether the Customer chooses to use or not use the Item, the Customer will 

be charged the Hire Fee.ii. If client decides to cancel more than 48 hours prior to dispatch date 30% of the hire fee 

will still only be held and charged by Darling Designer Hire.

iii. All cancellations will forfeit 30% of the hire fee.

C. Where cancellations are made less than 48 hours prior to the Dispatch Date and the Item 

has not left Darling Designer Hire’s vicinity, the Agreement of Hire will cease and the 

Customer will be refunded 50% of the Hire Fee.

i. 30% of the Hire Fee will only be held and charged by Darling Designer Hire in this 

circumstance;

ii. The Customer acknowledges and agrees that part 8C(i) is implanted to anticipate the loss 

that Darling Designer Hire will suffer by reason of the late cancellation.

Returns

A. If for any reason, there is an issue with your hired item and/or you are not satisfied with the 

item you have hired, you must notify us via email immediately.

B. We must agree in writing that we accept the return request.

C. Returns will not be accepted unless the item is express posted back to us on the same day it 

is received by the customer.

D. The Customer must do so via an Australian Post Office and obtain a receipt of lodgment as 

evidence. A photo of the receipt must be emailed to us.

E. If for any reason, it is not possible for the Customer to express post the item back on the 

same day it is received, it must be express posted before 11.00am on the next day.

F. In this scenario, the customer will be refunded 70% of the hire fee excluding the shipping 

costs. If the next day falls on a weekend, the customer must supply video footage of the 

return package, with the tracking number clearly visible, being placed into an express post 

box. The video footage is to be supplied to us via email.

G. Any returns outside of these circumstances will not be accepted, including where a 

Customer claims to not have received the item/s in their possession until a later date/time 

regardless of the situational conditions.

Darling Designer Hire’s Obligations

Subject to the Terms and Conditions, Darling Designer Hire’s has the following obligations to the 

Customer:

A. To process all Agreement of Hire in a timely manner;

B. To ensure that the Customer receives the Item by the time the hire period takes effect;

C. To keep the Customer’s entire account confidential, unless Darling Designer Hire is satisfied 

that the Customer has committed a criminal offence by way of theft and/or fraud of the 

Item. In that case, the Customer’s entire account will be released only to its Insurer and the 

Police and/or Debt Collector for prosecution purposes. The customer may also be named 

publicly to warn other entities.

D. To not mislead or deceive the Customer in any way in relation to the Hire Fee or conditions 

of the Item; and

E. To make a maximum of 2 attempts to contact the Customer (i.e. mobile, SMS, email and/or 

letter) when the Item has not been returned before releasing the Customer’s details to the 

Insurer or Police.

F. Darling Designer Hire has the right to refuse anyone who does not meet the security 

requirements, including but not limited to; identification, proof of residential address etc. If 

the Customer refuses to provide the required details, Darling Designer Hire will forfeit the 

loan and refund 70% of the total hire fee.

11. Customer’s Obligations

Subject to the Terms and Conditions, The Customer has the following obligations to Darling Designer 

Hire and the Item:

A. To ensure that the Item is not damaged or stolen by themselves or a Third Party;

B. To return the Item by the agreed return date;

C. To not transfer possession of the Item to a third party; and

D. To notify Darling Designer Hire and make a police report if the Item has been stolen.

E. To pay any and/or all Penalty Fee(s) that they have incurred in a timely matter which has 

been set out by Darling Designer Hire.

F. To ensure you provide Darling Designer Hire with verification of a true and valid drivers 

license and address verification document such as;

- Utility bill

- Statement from a financial institution

- Letter from a government institution

G. Darling Designer Hire reserves the right to cancel an order if we believe documentation 

supplied is not valid or is fraudulent. If this is the case, the customer will receive a full 

refund. However, if the customer chooses not to supply Darling Designer Hire with 

additional documentation to prove validity upon request, the customer will forfeit 30% of 

the hire fee, excluding shipping costs.

Privacy

A. By hiring an Item from Darling Designer Hire, the Customer accepts and understands that 

Darling Designer Hire will take appropriate steps to verify the Customer’s identification 

should any issues arise.

B. By agreeing to the Terms and Conditions set out by Darling Designer Hire in an Agreement of 

Hire, the Customer accepts and acknowledges the following;

i. The Customer’s Personal Details will be released to the Insurer and Police and/or Debt 

Collector if Darling Designer Hire is satisfied that the Customer has stolen the Item.

ii. The Customer’s personal details will be released to the Insurer and Debt Collector if the 

Customer has failed to pay any and/or all penalty fees in a reasonable amount of time which 

Darling Designer Hire has provided to the Customer.

C. By agreeing to the Terms and Conditions, the Customer acknowledges that the Customer 

has read and also agrees to the privacy policy.

Indemnity

A. The Customer agrees to indemnify and not hold Darling Designer Hire and any of its 

partners, employees, subsidiaries and affiliates of any loss, liability or claim arising out of the 

Agreement of Hire.

Terms and Conditions

A. By entering into the Agreement of Hire, the Customer agrees to the following:

i. That the Customer is bound to the entirety of the Terms and Conditions that Darling 

Designer Hire has set out;

ii. That the Customer’s failure to make payments for stolen or damaged Item will warrant 

Darling Designer Hire to notify the Police and/or Debt Collector to prosecutor and/or recover 

the owing amount; and

iii. That the Terms and Conditions may be subject to change at any time, thus, the Customer 

must read the Terms and Conditions each and every time a new Agreement of Hire is made 

with Darling Designer Hire