Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

These terms and conditions are a legal agreement between you and Foo Visuals Hire. The terms and conditions are established by us, and you use the services that we provide, which you submit your personal information, order our products, and use the information provided for further action via our website at www.foovisuals.com

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1. General – Rental Agreement

You agree that your use of our services is held against the Terms of Service on our website. No other terms or conditions shall have any force or effect. Please note all our dresses are not brand new as they are meant to be used as a rental, some dresses will have some minor imperfection & flaws, these will be noted by us if you decide to rent.

The contract you agree to is the Foo Visuals rental agreement. This means that we hold you accountable to uphold the rental agreement, which is specified in your order including the dates for the rental, the product ordered, its size, and the date by which the item is due to be returned. If the item is not returned by the due date stated in the terms and conditions you will be accountable for late fees, as you have no right to the product past the required date of return.

All prices are in New Zealand Dollars (NZD)

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2. Rental Fees, Rental Deposit, Cancellations

The rental fee will be stated alongside the information required for each product which will be listed on the website, the rental fee does not include postage costs. This will be charged at “check-out”. In submitting your order, you hereby authorise us to charge your account used for payment for the rental fee and postage costs. This charge will occur immediately. If the payment method you choose is via bank transfer it will need to be completed at least five days before the requested rental date for us to guarantee booking.   

Failure to return the goods you hereby authorise Foo Visuals to charge your account used for payment a charge of 150% of the retail value of the product rented from our website. This 150% of the retail value will be taken from the original recommended retail price (RRP) when first released, and the deposit will not be returned. This covers the loss of the item plus the expected loss of revenue from further rentals of that product.

If you require a cancellation, this must be completed within 24 hours of placing your order via our website, or let us know directly. We will process your cancellation claim, and reimburse you the full amount, or you can choose store credit if you would prefer, if you meet the requirements. Should a cancellation be submitted after 24 hours of placing your order we hold no obligation to refund or reimburse you for any of the costs incurred with the initial order. 

Foo Visuals reserves the right to charge your account used for payment for non-compliance with the rental agreement and terms and conditions under which you hire our products.

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3. Your obligations

Once you have picked up the garments, you hold the responsibility for these items.

You agree to treat the items with care so that unnecessary damage does not occur. You will be held accountable for loss of the goods due to theft, disappearance, or any other occurrences that may result in the product being lost, if outside of our "Control".

Once you have the dress you hold all responsibility of it, and if the item requires professional cleaning services you will be liable for these costs and will be charged appropriately. If the returned garment is beyond what is considered normal wear and tear then you agree that we will charge you by using the deposit amount and the amount will not be returned to you to repair the product.

3.a. The deposit is a compulsory charge that needs to be given before collecting the garment(s). This will be returned to you if we have confirmed that nothing is wrong with the returned garments. By proceeding through our website, you agree to pay this fee.

We will not return the deposit for the following reasons:

• Theft of the garment/carry bag

• Refusing to send back the garments

• Any damage to the garment - including a complete write-off.

• Any stains to the garment - including those dry cleaning cannot get out.
   

3.b. The rental agreement states that we require you to send the product back to Foo Visuals in person provided by the return date specified. You have the option to extend the order at any point via email or telephone, provided it is available for the dates requested, further charges will be applicable accordingly. If you return the goods late, a late fee of $25.00 per day will be charged, up to a maximum not exceeding 150% of the retail value of the good hired. If our product has not been returned to us within the 14 days, this non-compliance of return will be considered as a breach of the rental agreement and Foo Visuals shall have the right to keep the deposit you supplied to replace the garments.

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3.c. Should any misconduct occur to this rental agreement and you refuse to pay amounts due for any damage or late return, we reserve the right to initiate enforcement procedures. Enforcement procedures including any solicitor fees or any other means we require to recover any fees owing by you, will be liable to you.

We reserve the right to terminate your membership to Foo Visuals at any point in time if you breach any terms of the rental agreement or the Terms and conditions.

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4. Limitation of Liability

Foo Visuals holds no liability to you or any other third party, for any unforeseen circumstances or circumstances considered force majeure, that result in any damage to the item, non-delivery, or loss of item. You solely hold responsibility for the item during the rental period, if any damage and or claims are made against you as a result of occurrences that happened while you were responsible for the item regardless of whether or not they were your own doing or out of your control, you will be held solely responsible for the costs incurred.

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5. Miscellaneous

The rental agreement and the terms and conditions on the website form the entire agreement between you and Foo Visuals. Foo Visuals reserves the right to change or terminate this agreement at any time, without notice being given. You shall not assign the agreement without the approval of Foo Visuals prior to delivery of the goods. Even if the agreement is terminated you are still obligated to fulfil your obligations required under the rental agreement and terms and conditions. Reasons out of Foo Visuals' reasonable control including but not restricted to fire, earthquake, and interruptions to supply, other natural disasters, war and or riots or acts of terrorism will result in Foo Visuals not being liable for non-fulfilment of its obligations under this agreement.