1.1 “No Basics” (“we”, “our”, or “us”) means No Basics Pty Ltd (ABN 43 155 435 788), it's successors and assigns or any person acting on behalf of and with the authority of No Basics Pty Ltd (ABN 43 155 435 788).

1.2 “Services” means the No Basics website located at No Basics.com.au (the “Site”) and related services including No Basics’s fashion rental services and its content (the “Content”).

1.3 “User” (“client”, “customer”, “you” ,"renter" or “your”) means the User or any person acting on behalf of and with the authority of the User.

1.4 “Apparel” means all Apparel (including any fashion accessories e.g. dresses) supplied on a hire basis by No Basics to the User (and where the context so permits shall include any incidental supply of services). The Apparel shall be as described on any invoices or other documentation provided by No Basics to the User. 

1.5 “Rental Period” means the 4 Day period that the User booked the Apparel for - starting from the day the Apparel is delivered to the User’s delivery address, to the day the Apparel is agreed to be returned the way it was received, or if applicable other agreed arrangements to return the apparel.

1.6 “Rental Price” (“price”) means the cost of the hire of the Apparel as agreed between No Basics and the User subject to clause 4 of this contract (Price and Payment).

1.7 “Rental Return Due Date” means the date the Apparel is expected to be back at No Basics’s warehouse. The Rental Return Due Date is calculated to be within 2 to 3 business days from the end of Rental Period, dependant on the User’s location.

2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.

2.2 Where the User hires Apparel as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.

3.1 Any instructions received by No Basics from the User for the hire of Apparel and/or the User’s acceptance of Apparel supplied on hire by No Basics shall constitute acceptance of the terms and conditions contained herein.

3.2 Where more than one User has entered into this agreement, the Users shall be jointly and severally liable for all payments of the Price.

3.3 Upon acceptance of these terms and conditions by the User the terms and conditions are irrevocable and can only be amended with the written consent of No Basics.

3.4 The User shall give No Basics no less than fourteen (7) days prior written notice of any proposed change in the User’s details (including but not limited to, changes in the User’s address, facsimile number, or business practice). The User shall be liable for any loss incurred by No Basics as a result of the User’s failure to comply with this clause.

3.5 Apparel is supplied by No Basics based only on the terms and conditions of hire herein to the exclusion of anything to the contrary in the terms of the User’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of hire.

4.1 The Price shall be No Basics’s current Price, at the date of booking the Apparel, according to No Basics’s current Price list as detailed on No Basics’s website.

4.2 No Basics reserves the right to change the Price in the event of a variation to the User’s requirements.

4.3 At No Basics’s sole discretion a deposit / bond may be required which shall be refunded upon return of the Apparel in a condition acceptable to No Basics.

4.4 Payment may only be made by debit card or credit card (only Amex, Mastercard and Visa accepted) or by any other method as agreed to between between No Basics and the User.

4.5 In the event an invoice is issued for payment for any reason then payment shall be due within seven (2) days of the date of the invoice.

4.6 Receipt by No Basics of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

4.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

4.8 All Prices on our website are denominated in Australian Dollars.

5.1 Rental period shall commence from when the User (or a third party nominated by the User) accepts the delivery.

5.2 Where apparel has not been returned to No Basics by the Rental Return Due Date then No Basics shall be entitled to charge additional hire fees until the Apparel is returned to No Basics and the User expressly authorises No Basics to contract debt collectors to collect late return fees. Such additional charges shall be charged a fixed fee of $25 for each day overdue.

5.3 When counting overdue days No Basics shall not count either Sundays or Public Holidays when the post office is closed as being part of the overdue period.

5.4 If the User pays No Basics an amount equal to 150% of the recommended retail value in late fees and the User still has the item(s) in their possession, the item(s) is The User’s to keep.

5.5 If the User has not returned the rental item(s) within 3 days after the return date, No Basics will consider the rental item(s) as non-returned and will engage debt collectors to collect 150% of the apparels recommended retail value.

5.6 Where the renter has failed to return the garment by the Rental Return Date and has affected any subsequent booking resulting cancelation and/or refund of another customer the renter is liable to cover loss of business in addition to late return fees.

6.1 At No Basics’s sole discretion delivery of the Apparel shall be deemed to have taken place when the Apparel is delivered to the User’s nominated delivery address and the User (or a third party nominated by the User) has signed the delivery receipt.

6.2 The fastest shipping method is automatically applied at checkout to ensure your order is with you by 6pm on your requested date. Our express shipping fees are between $12.50 - $16.50 and Overnight shipping for $38.50. This fee is for the garments delivery to you, No Basics incurs the cost for the garments return (in a pre-paid satchel provided to you by us). No Basics’s standard delivery method is Express Delivery Service, operated by Australia Post (see Australia Post's Terms and Conditions). Express Delivery guarantee is advised by Aus Post Directly. If the User’s location is outside of the Express Post network, it will take more than one business day and No Basics has no control over this. Same Day Delivery is also available for Users in the Brisbane metro area (within 20km of Brisbane CBD) if No Basics is contacted and agreed to by both parties. In the event that the User requests Same Day Delivery, the User will incur additional Fifteen Dollars ($20). At its sole discretion, No Basics may change these delivery fees. Same Day Delivery is available between 10am - 3pm, Monday through Saturday.

6.3 The User shall make all arrangements necessary to take delivery of the Apparel whenever tendered for delivery. In the event that the User is unable to take delivery of the Apparel at the nominated delivery address and for any reason No Basics is required to redeliver the Apparel then No Basics shall be entitled to charge the user a reasonable fee for the redelivery. 

6.4 Any delivery time or date given by No Basics to the User is an estimate only. The User must still accept delivery of the Apparel even if late and No Basics will not be liable for any loss or damage incurred by the User as a result of the delivery being late.

6.5 If the user books the garment within 4 days of booking commencement date No Basics takes no responsibility in late arrival as they have had limited time to receive the garment back from the previous user and prepare the order for it's next booking. They will not be held liable for a garments late arrival as they undertook all necessary measures to prepare an order after the previous user. It is the users responsibility to contact No Basics and advise of late bookings.

7.1 No Basics retains property in the Apparel nonetheless all risk for the Apparel passes to the User on delivery.

7.2 The User accepts full responsibility for the safekeeping of the Apparel.

7.3 No Basics offers free damage insurance to the value of fifty dollars ($50) to cover minor damage or staining. For minor damage and/or staining if No Basics assesses following our Garment Grading Chart (at its sole discretion), if the cost of repairs to a garment is one hundred dollars ($100), No Basics will cover fifty dollars ($50) then the User will be required to pay the difference fifty dollars ($50).

7.4 If the Apparel gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the User then the User will be liable to pay for replacement of the item. In assessing the replaceable value, No Basics will take into account, the demand of that dress in the market, the availability to purchase that dress in the market, the condition of the dress, and the rental fee that the User has already made.

7.5 To prevent the potential use of fraudulent credit cards (or other payment types), No Basics withholds the right to request proof of identity for orders it deems high value. Orders containing two or more garments may be subject to this request. Where fraudulent activity is suspected, No Basics follows internal verification methods to ensure that the order is valid. If No Basics cannot confirm this, the order may be cancelled. If this is the case, the customer will be notified by email.

8.1 The Apparel is and will at all times remain the absolute property of No Basics.

8.2 If the User fails to return the Apparel to No Basics then No Basics or No Basics’s agent may (as the invitee of the User) enter upon and into land and premises owned, occupied or used by the User, or any premises where the Apparel is situated and take possession of the Apparel.

9.1 The User shall inspect the Apparel on delivery and shall within four (2) hours of inspection of the Apparel notify No Basics (by phone or email) of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.

10.1 If the User wishes to cancel an order, the user must email bookings@nobasics.com.au as soon as possible. No cancellation fees will be applied when cancelling a booking more than 14 days prior to the start of the rental period. When cancelling within 7 days of your rental period, a $25.00 cancellation fee will be applied and a fee of $5.00 will be applied when cancelling between 7 days and 14 days prior to your rental period to cover processing fees. Once the item has been dispatched from No Basics’s premises before a refund request the garment must be returned before a refund is considered.

10.2 All Apparel which is to be returned because of incorrect sizing will need to be considered by No Basics upon the garments return as it is up to the Users discretion to ensure best fit the garment must be sent back to No Basics within twenty-four (24) hours of signing for the delivery (unworn).

10.3 Should the the User cancel due to a change of mind the garment must be sent back to No Basics within twenty-four (24) hours of signing for the delivery (unworn).

10.4 No Basics does not offer refunds under any circumstances, only if the item is faulty then a refund will be given if the customer notifies us within 4 hours of receiving the item and returned immediately.

10.5 Whilst No Basics will make every effort to process a cancellation request as quickly as possible, process can take approximately ten to twenty (10-20) working days to complete dependent on the season and staffing.

10.6 No Basics may cancel these terms and conditions or cancel the delivery of Apparel at any time before the Apparel is delivered by giving written notice. On giving such notice No Basics shall repay to the User any sums paid in respect of the Price. No Basics shall not be liable for any loss or damage howsoever arising from such cancellation. In which event No Basics will issue the User a full refund of the dress rental cost, minus business costs. The business cost is to be determined by No Basics.

10.7 If the user booked the garment within 5 days of booking commencement date and the garment fails to arrive in time for booking commencement date No Basics takes no responsibility in late arrival as they have had limited time to undertake all necessary measures to prepare an order after the previous user. Should a refund be requested No Basics holds the right to refuse as they have had to take certain measures that may incur premium costs to get your garment sent out in a timely manner. If the garment arrives later the user will not be offered a refund so long as No Basics sent out the garment 2 business days prior to the rental commencement date.

11.1 The User shall:

(a) immediately notify No Basics of any damage to the Apparel that occurs during the hire period;

(b) on termination of the hire, deliver the Apparel complete with all accessories, in good order as delivered, fair wear and tear accepted, to No Basics;

(c) keep the Apparel in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Apparel;

(d) not alter or make any additions to the Apparel or in any other manner interfere with the Apparel.

12.1 If the User owes No Basics any money the User shall indemnify No Basics from and against all costs and disbursements incurred by No Basics in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, No Basics’s collection agency costs, and bank dishonour fees).

12.2 Without prejudice to any other remedies No Basics may have, if at any time the User is in breach of any obligation (including those relating to payment) under these terms of hire No Basics may repossess the Apparel as per clause 8.2, or suspend or terminate the supply of Apparel to the User and any of its other obligations under the terms and conditions. No Basics will not be liable to the User for any loss or damage the User suffers because No Basics has exercised its rights under this clause.

12.3 Without prejudice to No Basics’s other remedies at law No Basics shall be entitled to cancel all or any part of any order of the User which remains unperformed in addition to and without prejudice to any other remedies No Basics may have and all amounts owing to No Basics shall, whether or not due for payment, become immediately payable in the event that: 

(a) any money payable to No Basics becomes overdue, or in No Basics’s opinion the User will be unable to meet its payments as they fall due; or

(b) the User becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the User.

13.1 In consideration of No Basics agreeing to supply Apparel, the User charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the User either now or in the future, to secure the performance by the User of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

13.2 The User indemnifies No Basics from and against all No Basics’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising No Basics’s rights under this clause.

13.3 The User irrevocably appoints No Basics and each director of No Basics as the User's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the User's behalf.

For any content that you submit - any information such as data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Service - you grant No Basics a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.All content that you submit may be used at No Basics’s sole discretion. We reserve the right to change, condense or delete any content on our website that No Basics deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. No Basics does not guarantee that you will have any recourse through No Basics to edit or delete any content you have submitted. Ratings, reviews and written comments are generally moderated and published within two to four business days. However, No Basics reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not No Basics, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of No Basics, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.By submitting any content to No Basics, you represent and warrant that:

You are the sole author and owner of the intellectual property rights thereto;

All "moral rights" that you may have in such content have been voluntarily waived by you;

All content that you post is accurate;

Use of the content you supply does not violate these Terms and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

That is known by you to be false, inaccurate or misleading;

That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

For which you were compensated or granted any consideration by any third party;

That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;

That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold No Basics (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

17.1 User acknowledges and agrees that No Basics’s trademark shall remain the intellectual property of No Basics at all times and further agrees that they shall not use the same for any purpose whatsoever without the express written approval of No Basics.

18.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

18.2 Upon assenting to these terms and conditions in writing the User acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Apparel that has previously been supplied and that will be supplied in the future by No Basics to the User.

18.3 The User undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which No Basics may reasonably require to:

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause 18.3(a)(i) or 18.3(a)(ii);

(b) indemnify, and upon demand reimburse, No Basics for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Apparel charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of No Basics;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Apparel in favour of a third party without the prior written consent of No Basics.

18.4 No Basics and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

18.5 The User waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

18.6 The User waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

18.7 Unless otherwise agreed to in writing by No Basics, the User waives their right to receive a verification statement in accordance with section 157 of the PPSA.

18.8 The User must unconditionally ratify any actions taken by No Basics under clauses 19.3 to 19.5.

18.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.

19.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

19.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of Sydney New South Wales.

19.3 No Basics shall be under no liability whatsoever to the User for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the User arising out of a breach by No Basics of these terms and conditions (alternatively No Basics’s liability shall be limited to damages which under no circumstances shall exceed the Price paid for the hire or purchase of the Apparel).

19.4 No Basics reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which No Basics notifies the User of such change. Except where No Basics supplies further Apparel to the User and the User accepts such Apparel, the User shall be under no obligation to accept such changes.

19.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

19.6 The failure by No Basics to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect No Basics’s right to subsequently enforce that provision.

19.7 Unless otherwise specified, the User agrees that by sending or tagging photos of wearing No Basics dress, No Basics may use the images for promotional purposes including but not limited to print materials, social media platforms and newsletters. Additional Clauses Applicable to the Sale of Apparel

20.1 No Basics and the User agree that the ownership of Apparel shall not pass until:

(a) the User has paid No Basics all amounts owing to No Basics; and

(b) the User has met all of its other obligations to No Basics.

20.2 Receipt by No Basics of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

20.3 It is further agreed that until ownership of the Apparel passes to the User in accordance with clause 21.1 that:

(a) the User is only a bailee of the Apparel and must return the Apparel to No Basics on request.

(b) the User holds the benefit of the User's insurance of the Apparel on trust for No Basics and must pay to No Basics the proceeds of any insurance in the event of the Apparel being lost, damaged or destroyed.

(c) the User must not sell, dispose, or otherwise part with possession of the Apparel. If the User sells, disposes or parts with possession of the Apparel then the User must hold the proceeds of any such act on trust for No Basics and must pay or deliver the proceeds to No Basics on demand.

(d) the User irrevocably authorises No Basics to enter any premises where No Basics believes the Apparel are kept and recover possession of the Apparel.

(e) No Basics may commence proceedings to recover the Price of the Apparel sold notwithstanding that ownership of the Apparel has not passed to the User.

21.1 The User must inspect the Apparel on delivery and must within seven (7) days of delivery notify No Basics in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The User must notify any other alleged defect in the Apparel as soon as reasonably possible after any such defect becomes evident. Upon such notification the User must allow No Basics to inspect the Apparel.

21.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

21.3 No Basics acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

21.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, No Basics makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Apparel. No Basics’s liability in respect of these warranties is limited to the fullest extent permitted by law.

21.5 If the User is a consumer within the meaning of the CCA, No Basics’s liability is limited to the extent permitted by section 64A of Schedule 2.

21.6 If No Basics is required to replace the Apparel under this clause or the CCA, but is unable to do so, No Basics may refund any money the User has paid for the Apparel.

21.7 Subject to this clause 22, returns will only be accepted provided that:

(a) the User has complied with the provisions of clause 20.1; and

(b) No Basics has agreed that the Apparel are defective; and

(c) the Apparel are returned within a reasonable time at the User's cost (if that cost is not significant); and

(d) the Apparel are returned in as close a condition to that in which they were delivered as is possible.

21.8 Notwithstanding clauses 20.1 to 20.7 but subject to the CCA, No Basics shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a) the User failing to properly maintain or store any Apparel;

(b) the User continuing the use of any Apparel after any defect became apparent or should have become apparent to a reasonably prudent user;

(c) fair wear and tear, any accident, or act of God.