Terms & Conditions
Terms and Conditions
The Designer Club
ABN 12 625 406 94818
The laws of Australia govern our Terms and Conditions.
By accessing and using the ‘The Designer Club’ website at www.thedesignerclub.com.au (‘Site’), you are accepting and consenting to the practices in these Terms and Conditions.
Last Updated: April 2025
Key Terms and Definitions
“The Designer Club Content” means all Content that The Designer Club makes available through the Site, or Services, including any Content licensed from a third party, but excluding Member Content.
“Rental Request Period” means the time period starting from the time when a rental is requested by a Borrower (as determined by The Designer Club in its sole discretion), within which a Lender may decide whether to confirm or reject that rental request, as stated on the Site or Services.
“Collective Content” means Member Content and The Designer Club Content.
“Content” means text, information, software, graphics, images, music, audio, video, information or other materials.
“Courier Services” means any third-party door-to-door courier service or postal service or shipment service.
“Borrower/ Renter” means a Member who requests from a Lender a rental of a fashion item via the Site or Services.
“Lender” means a Member who creates a Listing via the Site.
“Listing” means a fashion item that is listed by a Lender as available for rental via the Site or Services.
“Member” means a person who completes The Designer Club’s account registration process, including but not limited to Lenders and Borrowers, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST), that Lenders may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
“Rental Fees” means the amounts that are due and payable by a Borrower in exchange for that Borrower’s use of an Item. The Lender alone, and not The Designer Club, determines these amounts.
“Borrower Fees” means the fee that The Designer Club charges a Borrower for the use of its online platform, which is calculated as 5% of the applicable Rental Fees. The Borrower Fees will be displayed to the Borrower when the Borrower is asked whether to send a rental request to a Lender.
“Courier Fees” means the fee the Borrower and/or Lender pays for use of the Courier Services. These fees are based on capacity.
“Lender Fees” means the fee that The Designer Club charges a Lender for the use of its online platform, which is calculated as 15% of the applicable Rental Fees.
“Service Fees” means collectively the Borrower Fees and the Lender Fees.
“Total Fees” means collectively the Rental Fees, Borrower Fees and Courier Fees.
TERMS OF SERVICE
1. If you are using the Site or Services, you are contracting with The Designer Club Pty Ltd (ABN 12 625 406 94818). The Designer Club Pty Ltd is hereinafter referred to as "The Designer Club", "we", "us", or "our".
2. The Designer Club provides an online platform that connects Lenders who have fashion items to rent with Borrowers seeking to rent such fashion items (collectively the “Services”), which Services are accessible at www.thedesignerclub.com.au and any other websites through which The Designer Club makes the Services available (collectively, the “Site”).
3. By using the Site you agree to comply with and be legally bound by these terms of service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and The Designer Club.
4. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the in accordance with these Terms may subject you to civil and criminal penalties.
5. The Site and Services comprise an online platform through which Lenders may create Listings for fashion items and Borrowers may learn about and rent directly from the Lenders.
6. You understand and agree that The Designer Club is not a party to any agreements entered into between Lenders and Borrowers, nor is The Designer Club a fashion broker, agent or insurer. The Designer Club has no control over the conduct of Lenders, Borrowers and other users of the Site and Services or any fashion items, and disclaims all liability in this regard to the maximum extent permitted by law.
7. You acknowledge and agree that, by accessing or using the Site or Services or by downloading or posting any content from or on the Site through the Services, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the Site.
8. If you do not agree to these Terms, then you have no right to access or use the Site, Services, or Collective Content.
9. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Late Fees
10. The Designer Club relies on both Lenders and Borrowers sending and returning items in a timely manner, you agree to adhere by the chosen hire period to ensure items are either delivered in time to the borrower and the borrower returns the item the business day after the hire period is finished.
11. The Designer Club also reserves the right to charge the credit card on file in your The Designer Club Account, or otherwise collect payment from you and pursue any avenues available to The Designer Club in this regard, in situations in which you have been determined, in The Designer Club’s sole discretion, to have returned items late. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for the additional hire period to the applicable Lender or to The Designer Club (if applicable). Unpaid invoices will be passed on to a debt-collection service with collection costs recoverable.
12. The Designer Club reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
How the Site and Services Work
13. The Site and Services can be used to facilitate the listing and renting of fashion items (“Item”). Such Items are included in Listings on the Site and Services by Lenders. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book an Item or create a Listing, you must first register to create a TheDesigner Club Account.
14. The Designer Club makes available an online platform or marketplace with related technology for Lenders and Borrowers to meet online and arrange for the rental of Items directly with each other. The Designer Club is not an owner or dealer of fashion items, nor is it a provider of fashion items and The Designer Club does not own, sell, resell, provide, rent, re-rent, manage and/or control fashion items, including, but not limited to, dresses, shoes, bags or Items or postal, courier or other delivery services. The Members are responsible for engaging any service of a courier company or postal service which is entirely at the Member’s own risk. The Designer Club does not provide any Courier Services whatsoever and accepts no liability for any damage caused in any way through or by the Courier Services.
15. The Site and Services are intended to be used to facilitate Lenders and Borrowers connecting and renting items directly with each other. The Designer Club cannot and does not control the Content contained in any listings and the condition, legality or suitability of any items. The Designer Club is not responsible for and disclaims any and all liability related to any and all Listings and Items. Any rentals will be made at the Member’s own risk.
Account Registration
16. In order to access certain features of the Site and rent an Item or create a Listing, you must register to create an account (“The Designer Club Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.
17. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Instagram, Facebook, Twitter; each such account, a “Third-Party Account”), via our Site, as described below. As part of the functionality of the Site and Services, you may link your The Designer ClubAccount with Third-Party Accounts, by either:
a. (i) providing your Third-Party Account login information to The Designer Club through the Site or Services; or
b. (ii) allowing The Designer Club to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to The Designer Club and/or grant The Designer Clubaccess to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating The Designer Club to pay any fees or making The Designer Club subject to any usage limitations imposed by such third-party service providers.
18. By granting The Designer Club access to any Third-Party Accounts, you understand that The Designer Club will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site and Services via you’re the Designer Club Account and The Designer Club Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your The Designer ClubAccount on the Site and Services.
19. The Designer Club makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and The Designer Club is not responsible for any SNS Content.
20. We will create your The Designer Club Account and your The Designer Club Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active The Designer ClubAccount. You agree to provide accurate, currentand complete information during the registration process and to update such information to keep it accurate, current and complete. The Designer Clubreserves the right to suspend or terminate your The Designer Club Account and your access to the Site and Services if you create more than one (1) The Designer Club Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
Item Listings
21. As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Item to be listed, including, but not limited to, your location, designer, size, occasion, colour, recommended retail price, description and availability of the Item and rental pricing. Listings will be made publicly available via the Site and Services. Other Members will be able to rent your Items via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Borrower requests a rental of your Item, you may not request the Borrower to pay a higher price than in the rental request.
22. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the rental of an Item in a Listing you post:
(i) will not breach any agreements you have entered into with any third parties and
(ii) Will;
a. be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Item included in a Listing you post, and
b. not conflict with the rights of third parties.
Please note that The Designer Club assumes no responsibility for a Lender’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
23. The Designer Club reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that The Designer Club, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or The Designer Club’s then-current Policies.
24. If you are a Lender, you understand and agree that The Designer Club does not act as an insurer or as your contracting agent. If a Borrower requests a rental of your Item and rents your Item, any agreement you enter into with such Borrower is between you and the Borrower and The Designer Club is not a party there to. Not with standing the foregoing, The Designer Club serves as the limited authorised payment collection agent of the Lender for the purpose of accepting, on behalf of the Lender, payments from Borrowers of such amounts stipulated by the Lender.
25. You acknowledge and agree that, as a Lender, you are responsible for your own acts and omissions.
26. The Designer Club recommends that Lenders obtain appropriate insurance for their Items. Please review any insurance policy that you may have for your Items carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Borrowers while renting your Items.
Courier Services
27. The Designer Club does not provide Members with any Courier Services or recommendations for useor the option of using any third-party door-to-door Courier Services. This means that the risk of loss and title for such items passes between the Lender and the Borrower. The Designer Club is not a party to any courier/postal or shipment services whatsoever. The Designer Club disclaims any loss or liability whatsoever arising from the user any such Courier Services.
Rentals and Financial Terms
Rentals and Financial Terms for Lender
28. If you are a Lender and a rental is requested for your Item via the Site, Application and Services, you will be required to either confirm or reject the rental request within the Rental Request Period, otherwise the rental request may be automatically cancelled after 24 hours. If you are unable to confirm or decide to reject a rental request within the Rental Request Period, any amounts (if any) collected by The Designer Club for the requested rental will be refunded to the applicable Borrower’s credit card and any pre-authorisation of such credit card (if any) will be released.
29. The Designer Club will collect the Total Fees at the time of rental confirmation (i.e. when the Lender confirms the rental request) and will initiate payment of the Rental Fees to the Lender within one (1) month of when the Borrower is scheduled to receive the Item (except to the extent that a refund is due to the Borrower).
30. If you owe or agree to pay any amount to The Designer Club (whether as a result of your The Designer Club or actions as a Borrower or otherwise), then The Designer Club may (but is not obliged to) withhold the amount owing to The Designer Club from any payout amounts due to you as a Lender, and use the withheld amount to set-off the amount owed by you to The Designer Club. If The Designer Club does so, then your obligation to pay The Designer Club will be extinguished to the extent of the amount withheld by The Designer Club, and The Designer Club will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
31. Each Lender hereby appoints The Designer Club as the Lender’s limited payment collection agent solely for the purpose of accepting the Rental Fees from Borrowers.
32. Each Lender agrees that payment made by a Borrower through The Designer Club shall be considered the same as a payment made directly to the Lender, and the Lender will make the Item available to the Borrower in the agreed-upon manner as if the Lender has received the Rental Fees. Each Lender agrees that The Designer Club may, in accordance with the cancellation policy selected by the Lender and reflected in the relevant Listing, (i) permit the Borrower to cancel the rental and (ii) refund to the Borrower that portion of the Rental Fees specified in the applicable cancellation policy. Each Lender understands that as The Designer Club accepts payments from Borrowers as the Lender’s limited payment collection agent, The Designer Club’s obligation to pay the Lender is subject to and conditional upon The Designer Club successfully receiving the payments from Borrowers. The Designer Club does not guarantee payments to Lenders for amounts that have not been successfully received from Borrowers. In accepting appointment as the limited authorised agent of the Lender, The Designer Club assumes no liability for any acts or omissions of the Lender.
33. Please note that The Designer Club does not currently charge fees for the creation of Listings. However, you as a Lender acknowledge and agree that The Designer Club reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that The Designer Club will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Rental and Financial Terms for Borrowers
34. The Lenders, not The Designer Club, are solely responsible for honouring any confirmed rentals and making available any Items reserved through the Site, Application and Services. If you, as a Borrower, choose to enter into a transaction with a Lender for the rental of an Item, you agree and understand that you will be required to enter into an agreement with the Lender and you agree to accept any terms, conditions, rules and restrictions associated with such Item imposed by the Lender. You acknowledge and agree that you, and not The Designer Club, will be responsible for performing the obligations of any such agreements, that The Designer Club is not a party to such agreements, and that, with the exception of its payment obligations here under, The Designer Club disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, not withstanding the fact that The Designer Club is not a party to the agreement between you and the Lender, The Designer Club acts as the Lender’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Lender. Upon your payment of the Total Fees to The Designer Club, your payment obligation to the Lender for the Item Fees is extinguished, and The Designer Club is responsible for remitting the Item Fees (less The Designer Club’s Lender Fees and relevant Courier Fee), in the manner described in these Terms. In the event that The Designer Club does not remit any such amounts as described in these Terms, such Lender will have recourse only against The Designer Club.
35. The Total Fees payable will be displayed to a Borrower before the Borrower sends a rental request to a Lender. As noted above, the Lender is required to either confirm or reject the rental request within the Rental Request Period, otherwise the requested rental will be automatically cancelled after 24 hours. If a requested rental is cancelled (i.e. not confirmed by the applicable Lender), any amounts collected by The Designer Club will be refunded to such Borrower, depending on the selections the Borrower makes via the Site and Application, and any pre-authorisation of such Borrower’s credit card will be released, if applicable.
36. In connection with your requested rental, you will be asked to provide customary billing information such as name, billing address and credit card information either to The Designer Club or its third-party payment processor. You agree to pay The Designer Club for any confirmed rentals made in connection with your The Designer Club Account in accordance with these Terms by one of the methods described on the Site or Application, e.g.by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the rental, either directly by The Designer Club or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize The Designer Club to charge your credit card in the event of damage caused to an Item as contemplated under “Damage to Items” below or non-return of an Item. If you are directed to The Designer Club’s third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed rental transaction is complete you will receive a confirmation email summarizing your confirmed rental.
Service Fees
37. In consideration for the use of The Designer Club’s online marketplace and platform, The Designer Club charges the Service Fees. Where applicable, Taxes (such as GST in Australia) may also be charged in respect of the Lender Fees and Borrower Fees. The Designer Club deducts the Lender Fees from the Rental Fees before remitting the balance to the Lender as described in these Terms. Borrower Fees are, as noted above, included in the Total Fees.
38. Balances will be remitted by The Designer Club to Lenders via (in The Designer Club’s sole discretion) payment methods described on the Site or via the Application, depending upon the selections the Lender makes via the Site, Application and Services.
Cancellations and Refunds
39. If, as a Borrower, you cancel your requested rental before the requested rental is confirmed by a Lender, The Designer Club will cancel any pre-authorisation to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested rental within a commercially reasonable time. If, as a Borrower, you wish to cancel a confirmed rental made via the Site, Application and Services, either prior to or after receiving the Item, you may be granted a credit note minus the Designer Club service fee depending on the situation. Our ability to refund the Rental Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site. The Designer Club service Fee is non-refundable regardless of the cancellation policy selected by the Lender.
40. If a Lender cancels a confirmed rental made via the Site, or the Borrower requests a rental from one of the alternative Listings and the Lender associated with such alternative Listing confirms the Borrower’s requested rental, then the Borrower agrees to pay The Designer Club the Total Fees relating to the confirmed rental for the Item in the alternative Listing, in accordance with these Terms. If a Lender cancelled a confirmed rental and you, as a Borrower, have not received an email or other communication from The Designer Club, please contact The Designer Club. Please note The Designer Club does not refund fraudulent orders if made clear the order has been placed using another parties ID.
41. If, as a Lender, you cancel a confirmed rental, The Designer Club may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled rental, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
Borrower Refunds
42. Items on The Designer Club platform should be consistent with the description provided by the Lender. If a Borrower who books and pays for an Item and then experiences a ‘Renting Issue’, the Borrower may be eligible for a refund. The Designer Club may (at our discretion) provide the Borrower with either a full or partial refund excluding any shipping costs, administration fees and processing fees.
A valid 'Renting Issue' generally falls into three categories:
1. The Lender cancels a reservation 24 hours or less before the scheduled arrival of the Item, or fails to provide the Borrower with the Item.
2. The description of the Item in the Listing on The Designer Club is materially different from the actual Item. The Designer Club reminds Borrowers that Items are potentially pre-worn and are not rented on an as-new basis. Some minor wear and tear may not be listed in the description but can not be used as a basis to provide a refund under this policy.
3. At the start of the Borrower’s reservation, the Item: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Borrower’s use of the Item in The Designer Club’s judgment.
43. To submit a valid claim for a refund, a Borrower is required (a) to bring the Renting Issue to our attention within 2 hours after receipt of the item (including photographs or other evidence) and respond to our requests for information or cooperation, (b) not have directly or indirectly caused the Renting Issue and (c) to have used reasonable efforts to try to remedy the circumstances of the Renting Issue with the Lender prior to making a claim for a Renting Issue.
Taxes
44. You as a Lender understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. The Designer Club cannot and does not offer Tax-related advice to any Members.
Damage to Items and Failure to Return Items
45. As a Borrower, you are responsible for returning the Item in the condition it was in when you received it. You acknowledge and agree that, as a Borrower, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you allow to access the Item. In the event that a Lender claims otherwise and may provide evidence of damage or non-return, including but not limited to photographs, you agree to pay the Lender the Recommended Retail Price as contained in the relevant Listing or the relevant repair costs if applicable. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your The Designer Club Account. The Designer Club also reserves the right to charge the credit card on file in your The Designer Club Account, or otherwise collect payment from you and pursue any avenues available to The Designer Club in this regard, in situations in which you have been determined, in The Designer Club’s sole discretion, to have damaged any Item, or failed to return any Item, including, but not limited to, in relation to any payments made by The Designer Club to Lenders. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Item to the applicable Lender or to The Designer Club (if applicable). As a Lender you agree to advise The Designer Club and your borrower of any claimed damage within 24 hours of receipt of the return including photographs.
46. Both Borrowers and Lenders agree to cooperate with and assist The Designer Club in good faith, and to provide The Designer Club with such information and take such actions as may be reasonably requested by The Designer Club, in connection with any complaints or claims made by Members relating to Items or with respect to any investigation undertaken by The Designer Club or a representative of The Designer Club regarding use or abuse of the Site or the Services.