Nomad and Grace Couture Rental Collective Terms and Agreements
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Nomad and Grace Couture Rental Collective is a curated collection of DRESS RENTALS for one of a kind styled photography shoots only. Please kindly take a few moments to read through the contract thoroughly. Opting to not reading through the contract and adhering to our terms and conditions is often-times where things can and usually go wrong; as well as increase your liability, may forfeit your deposit or a portion thereof, or even worse ban you from further rentals from Nomad and Grace Couture Rental Collective.
BY ORDERING PRODUCTS THROUGH NOMAD AND GRACE COUTURE RENTAL COLLECTIVE” AND MAKING PAYMENT, YOU AGREE TO BE BOUND BY THE TERMS OF AND WILL BECOME A PARTY TO THIS AGREEMENT.
WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT AT ANY TIME AND CHANGES SHALL APPLY TO THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.
RENTAL, NOT A PURCHASE:
This Agreement contains all the terms and conditions governing your rental of the apparel from Nomad and Grace (PTY) Ltd. No other terms and conditions (preprinted or otherwise) shall have any force or effect. Nomad and Grace (PTY) Ltd. rental apparel may only be rented to adults of legal age, who may purchase with a credit card or other approved payment methods. Nomad and Grace (PTY) Ltd rents to, for the rental period, to the below named person (known herein as “Renter” or “You”), and renter rents from Nomad and Grace (PTY) Ltd the apparel described on the Rental Reservation (“Apparel”). Renter agrees that all apparel shall remain the property of Nomad and Grace (PTY) Ltd and must be returned upon demand.
What is Acceptable, and Not Acceptable?
PLEASE NOTE WE HAVE A STRICT PHOTOSHOOTS ONLY POLICY. THIS IS TO ENSURE THE LONGEVITY AND QUALITY OF OUR RANGE. The dress should be put on just before and after the shoot, and NOT worn for any length of time that the dress may be damaged by heels, getting in and out of a car, grass marks etc. Shoots within National Parks or within nature are acceptable and should be worn for only a short time to avoid damage to the dress in the wild, natural environment. Should you be shooting on the beach or near water, kindly make sure you run the dress on a quick delicate cold wash cycle, lay flat to dry before packaging to send back to us. As long as there is no chlorine, you should clean it right after to prevent any moldy smells ruining the fabric. Please no muddy lakes and dams, these locations are NOT Acceptable.
- Wedding Styled Shoots are Acceptable and NOT considered as Events
- Engagement photo shoots are acceptable however engagement parties are considered as EVENTS and are Not Acceptable – parties are in no way styled photo shoots.
- REAL WEDDING EVENTS are completely NOT Acceptable, whether you are a guest or apart of the bridal party ALL RENTALS are NOT to be rented for real weddings, including REAL elopements. These are not acceptable and do not count as styled photoshoots. Weddings and Elopements are EVENTS, and place a huge amount of strain on a garment, please be respectful to our inventory.
- Anniversary PHOTO SHOOTS are acceptable. NOT anniversary parties.
- Adventure vow renewals ARE allowed. The idea is that the couple is alone in nature with a photographer renewing their vows somewhere gorgeous.
- Maternity sessions ARE acceptable, but gender reveal parties or any type of baby celebration party is an event and are NOT allowed because it is NOT a styled photo shoot.
- Anniversary PHOTO SHOOTS are acceptable. NOT anniversary parties.
- Can I share the dress with others during my rental period? Absolutely! The more the merrier, please just tag us in all shoot sessions, we love seeing our dresses out and about.
RENTAL FEES; CREDIT CARD AUTHORIZATIONS; CANCELLATIONS:
The rental fee (“Rental Fee”) for the apparel will be the total of the rental fee, insurance charges and delivery charges listed on the website in connection with your rental of the apparel. Upon submitting your order, you hereby authorize us to charge your credit card for the rental fee. We will charge your credit card the amount of the rental fee immediately upon receipt of your rental order. A reservation of apparel through our website is an order for the rental of that apparel, regardless of how far in advance that apparel is reserved. In addition, at the time of your order of apparel, you hereby authorize Nomad and Grace (PTY) Ltd to charge your credit card for up to 200% retail value (when necessary ie: damaged apparel) of that Product (when new) at acquisition, plus sales taxes (“Retail Value”); provided that we will only make charges in the circumstances set forth herein. Rental Fees exclude all local taxes, additional courier chargers customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by Nomad and Grace (PTY) Ltd, shall be paid by you to Nomad and Grace (PTY) Ltd in connection with your order for the rental.
Renter must request reschedules no later than (20) days before the rental start date. If the request is granted subject to availability of your rental, the rental fee should be applied to a mutually agreed upon rescheduling date. All reschedules will be charged a rescheduling fee of R350.
On some occasions an extension of time to keep the apparel is request-able and possible. For an extension please email firstname.lastname@example.org. Any extension of time is subject to availability of other bookings for the apparel and is available only upon pre-payment of the additional rental fee applicable to that product for the period of time of the agreed extension.
CANCELLATION OF ORDER:
Should you decide you need to cancel your order for any item(s) due to client cancellation, change of mind, shoot/vendor cancellation (venue, makeup artist etc. Or other unforeseen circumstances) Nomad and Grace (PTY) Ltd will not issue any cash refunds. If cancelled 10+ days from the start of your rental, you will receive full store credit for a rental to be used within a year.
If you need a change of date due to force majeure or certain unforeseen circumstances Nomad and Grace (PTY) Ltd will accommodate up to 1 change to your rental by issuing a credit for the full rental fee of the item(s) minus shipping charges for a future rental by you of our item(s). Any order that is already within the shipping time frame (7 days) will not be cancelled and or issued a possible date move. Any credit or refund of any kind will be subject to a restocking fee of R350.00.
Cancellations less than 9 days from the start date will not receive any refund.
We understand you may want to change your mind on which dress you'd like to rent, we will accommodate this change when possible and you will be charged a R150 change fee. Kindly email email@example.com, with Your order number and full name on the subject line for this request, and we will assist as best we can.
Kindly Note “qualifying” situations, cancellations, credits and re-bookings are at the discretion of the Owner.
Owner reserves the right to cancel a booking at short notice. Cancellation may include (but are not limited to) an item not being available due to late return by a previous renter, damage to an item or lost packages. Nomad and Grace (PTY) Ltd. will endeavor to provide as much notice as possible. In the event of a cancellation by Nomad and Grace (PTY), a full refund will be given or Renter has the option to change the booking to another item or date. This is the ONLY reason why a full refund would be given.
YOUR COMMITMENTS TO US.:
- You agree to READ this contract IN FULL, and to ADHERE to the terms and conditions with full comprehension of the terms herein.
- You agree that you ARE NOT a bride, nor renting for a bride for a real elopement or wedding.
- You agree that you ARE a photographer, model, event planner or in the wedding or fashion industry and that you intend to use it only for a styled photo shoot.
- You agree that if you are a model, you are renting the dress ONLY for a styled photo shoot, including maternity, engagement shoot or vow renewals – no events, parties, or pageants
- You agree that if you are a photographer renting a maternity dress for a mama, you will take full responsibility for the dress while it’s in your possession and that you agree you are renting it for a mama to use for her photoshoot only, that it will not be used for any events such as a gender reveal or any type of party – only a styled photoshoot;
*You agree to provide Nomad and Grace (PTY) Ltd. email address (firstname.lastname@example.org) and social media handle @nomadandgrace to all other photographers and vendors involved at the styled shoot should they share images on social media.
Receipt of the apparel: Upon delivery, you bear responsibility for the apparel. You acknowledge that a secure shipping address (defined herein) is required. A secure shipping address is defined as a location where an individual can physically receive apparel with the correct names and characters one that won’t be marked returned to sender or delivered incorrectly. In the event that an unsecure shipping address is provided, Nomad and Grace (PTY) Ltd. does not bear liability for apparel left unattended or returned to sender. Furthermore, you acknowledge that providing anything other than a secure shipping address may result in delivery delays and additional delivery fees and the apparel being returned to sender for which Nomad and Grace (PTY) Ltd. shall not be held liable. This will result in a R150 fee and possible replacement of the gown. You agree to the described risks.
Use of the products: You agree to treat the apparel with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the apparel due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. You agree that dresses are not to be trashed, IN ANY WAY. Nomad and Grace Couture Rental Collective and any other rental items are NOT to be used in any type of “trash the dress” session.
Dresses are not to be used around anything with the potential to cause damage including, but not limited to: smoke, smoke bombs, flames, sparklers — and NOT immersed in water (especially not salt water!) unless given explicit accommodations to do so by Nomad and Grace. This includes not photographing dresses in heavy down pouring rain! When in doubt, WhatsApp us on +27 76 155 8864 to ask.
You agree that the dress will NOT be used around, or returned smelling of cigarette smoke or weed (marijuana), gasoline, fire, smoke, or have any burn marks.
Dresses are strictly prohibited from being used in a 420 (marijuana) shoots – or any other type of shoot involving illegal drugs. Should Nomad and Grace find out that a dress within our inventory has been used in such situations, you will immediately be invoiced for a dress replacement, and no longer be allowed to rent. Burn marks are unacceptable, as is the smell of smoke, marijuana, and we do not care to find any drugs in pockets upon returns, yes this happens!
We understand that marijuana is mostly now legal, Unfortunately, it’s still prohibited to be used while in our dresses. It’s just our rule. Should you choose to smoke in it anyway, while in our dresses and If found out, which we will, especially if you post it on IG, you will be banned from renting from Nomad and Grace in the future. It’s just not worth it. We cannot not risk our dresses in this type of situation, and neither should you. Legal steps will be taken further should this scenario play out.
You agree that if you have prior knowledge the landscape you are using is susceptible to the dress getting dirty (ex: red rocks, black beach) you will communicate it to Nomad and Grace upon renting the dress – this is so that we can schedule adequate time to get it dry cleaned after its use, and that Nomad and Grace will know in advance so as not to rent out immediately to another renter. You are the renter will always be responsible for immediately paying for dry cleaning if your rental dress is used in red rock or black sand environments. No exceptions.
You agree that if the location & environment chosen to photograph the dress snags the dress, creates holes or tears in the material (African Bush Thorns, Shrubs, burrs, spina, cacti) you will communicate this to Nomad and Grace immediately and CLEAN them out of the dress before returning. While it is not your intention to snag a dress, you are still required and responsible for its care as YOU and your client chose the location.
Please clean all debris including dirt, twigs, dust, grass – and shake all sand out of the dress before returning the dress, or you will pay for and additional dry-cleaning fee. Please don’t send item/s back looking or smelling like the environment you shot it in.
Renter agrees to remove all debris from the dress, including but not limited to sand (brush off when dry), twigs, dust, pet hair, human hair and anything else that would deem it un-rentable condition for next renter. Always keep the next renter in mind as these dresses often go Renter to Renter. Please be kind and respectful and do not surprise the next renter, or Nomad and Grace, with debris on the dress. These cause delays and upset the entire flow of our rental division.
Normal wear and tear encompass regular usage of the apparel that doesn’t consist of any damage. If you return apparel that is damaged beyond normal wear and tear, then you agree that we may charge you, and you shall pay, for the price for repairing or replacing the apparel, as determined in our discretion, up to the retail value for the apparel. You agree that, upon immediate receipt of the dress, you will unpack and look over its condition.
If Renter sees damage of any kind including, but not limited to stains, tears or rips, Renter will immediately notify Nomad and Grace PTY (Ltd.) with time-stamped photos BEFORE using the item, so as not to be held liable for damage caused by a previous renter. These gowns are to be used for styled shoots only.
If needed for bridals, weddings, elopements or events please email us to see what we can do. We do sell dresses, so that's a great way to get it for your date or Event. We also add new dresses all the time so you can always check back and see what is new available for your date. If any of the gowns are used for a wedding/elopement/event/actual bride use without our authorization you will be charged a R2500 fee. Nomad and Grace PTY (Ltd.) gowns are not to be used by any brides in any way no exceptions.
Repairable damage. Any damage to beading along neckline, arms or waist, caused by your use, that require multiple repairs shall be subject to a repair fee. (requirement for repair, includes but is not limited to, multiple areas of the gown that need extensive bead repair work, stuck, damaged or ripped zippers, rips to the tulle or fabric, or excessive stains.) repair fees shall include any repair and any time to remove and replace the apparel on our website. You agree not to use the apparel near sharp objects, such as, trees, sticks, limbs, cars, or anything that could rip or heavily damage the fabric. You agree not to use the apparel with or around any self-tanning product, grass, mud, water, oil, and excessive makeup. You agree to remove any grass, sticks, twigs, leaves or other objects from inside the apparel. Returning the apparel with any objects still embedded in or between layers of the fabric will be subject to a R150 removal fee. Please note, due to how busy our seamstress is the turnaround for damages can be up to 6 weeks.
Apparel care. Nomad and Grace PTY (Ltd.) uses fabrics that are delicate in nature and are expensive to replace. The following care guidelines apply to all of our apparel:
- Underwear must be used with all apparel.
- Deodorant must be used with all apparel.
- No drinks, food, body makeup, body makeup/spray tanning may be near or used when the apparel is worn.
- Spray tanning must be applied at least 24 hours prior to wearing the apparel. All hair and makeup must be completed prior to wearing the apparel. Renter will be billed for a ruined dress if stains are not completely removed by dry cleaning, should renter or model choose to overlook this term/condition. Best practice is to talk to your model about self-tanners and Spray Tanning. Make sure they know not to apply self-tanner or to book their Spray Tanning sessions the day of or before the shoot or you will be liable for a full dry cleaning.
- The apparel may not be used or worn near dirty water (unless pre-authorized) or mud, sharp objects, trees, rocks or concrete seats.
- No wet sand or mud.
- The apparel must be lifted off the ground when walking. Do not iron, steam or dry clean the apparel unless authorised
Please do NOT clean your rental. Only in the case of pre authorized, beach sessions and/or underwater sessions are you to place the dress in a quick delicate cold wash cycle. Kindly WhatsApp us images of the dress to (+27 76 115 8864), prior to washing and after washing to assure no additional unexpected damage bills.
It is, Nomad and Grace PTY (Ltd.), the Lenders responsibility to clean and Repair our garment item ahead of a rental and once it's returned. A dry-cleaning fee is included in the rental fee so it's all taken care of!
You agree that you will NEVER make an effort to clean or repair any of our rental dresses, without permission, due to causing any further damage.
You agree to NOT attempting to clean or repair the dress, or to let others in your family throw it in the wash for you. (Yes, it’s happened!) If you have unintentionally ruined a dress please do not take it upon yourself by “trying to fix it”. You agree to sending your rental/s back “as is” in order to be assessed. Never attempt cleaning or repairing. Period. Kindly WhatsApp us images of the damaged dress to (+27 76 115 8864), prior to sending it back to us.
RETURN OF THE PRODUCTS:
- Return your item on the rental End Date
You agree to keep the box and custom-made cotton dress bag that the dress is sent in. Renter will repack the dress back in a box with the Nomad and Grace custom made cotton dress bag to protect against the cardboard and to help release air to fit a smaller box, with the dress rolled carefully to prevent wrinkles. Should the custom-made cotton dress bag not be returned a fee of R399 will be charged for replacement.
On the final day of the rental period, you must return your rental using the pre-paid return label and courier slip/box provided.
- Secure the pre-paid label to the front of your parcel and drop it off at your local The Courier Guy Kiosk, you can find your closest branch here: http://www.thecourierguy.co.za/service-point-locator
- Late returns will incur a fee of R500 per day.
Disclaimer: Neither the Owner or the Renter are responsible for any delays of item(s) once shipped, on condition that it was shipped on the correct dates, as there might be uncontrollable delays by delivery carriers (The Courier Guy) Due to covid and periodic extreme weather around the country, shipping is not always guaranteed on time. Owner recommends that you the Renter ALWAYS have a backup dress in case shipment does not arrive on time.
Nomad and Grace will NOT give refunds or discounts for an item that is in transit, and for what it cannot control. In the event of refusal to return the dress/es or any other items in a reasonable amount of time, Owner reserves the right to invoice yourself, the renter, for the items in question, as well as take legal action against the Renter if not paid within 7 days of the invoice.
All rentals take place on the website, and are set up to be rented no less than 7 -10 days in advance.
If you should have a late request (within 7 days of the styled shoot date) you are welcome to message Nomad and Grace to confirm if we are able to assist you, a short notice order fee will apply in this case at a additional rate of R250 admin fee. If Nomad and Grace can logistically pull it off, you will be responsible to pay overnight shipping, and therefore will be responsible for paying shipping both ways (client who are closer to us in Randburg Johannesburg are welcome to self-collect.) Otherwise, ALL bookings will take place more than 7 days in advance.
Kindly note we do NOT rent Worldwide, only Nationally within the South African Borders.
You agree to return the apparel to Nomad and Grace PTY (Ltd.), on the Last date set forth in your order (Your end date is the ship back date, which usually falls on a Monday). it may be possible to extend your order for the apparel by directly contacting Nomad and Grace PTY (Ltd.), via email; provided that any extensions are subject to other orders for that apparel and to pre-payment of the additional rental fee applicable to that apparel for the period of time of the extension. Return of the apparel will be accomplished by depositing the apparel with your local The Courier Guy Kiosk, by the agreed upon date in your order, and sending it via priority mail (no signature) with shipping delivery with no more than 2-3 days. Upon depositing the apparel with The Courier Guy Kiosk you agree to send Nomad and Grace PTY (Ltd.) a photo of the tracking number and receipt. All apparel must be returned in an undamaged-box of equal size/quality to the delivery box. You are responsible for shipping return fee, which is included in your original order fee. The renter assumes all responsible for any damages to apparel occurring during shipment. If you have not returned the item(s) within fourteen (14) days after the return date for the apparel, this late return will be considered a non-return. Nomad and Grace PTY (Ltd.) will then invoice/charge the maximum late, plus the replacement cost of the item and the rental fee pursuant to the terms of this agreement.
PAYMENT OF REPAIR AND/OR REPLACEMENT:
You agree that for repair and/or replacement of the apparel we may charge you up to 200% of the retail value plus the rental value, in the aggregate, for any charges arising under this agreement, excluding collection costs. The limitations of this clause shall not apply to the rental fee, which is charged separately from, and in addition to, any charges for the retail value. All payments for repair, replacement and or additional cleaning fees should be made through PayFast. Any damages found to the apparel upon arrival at the delivery address should be photo documented and sent either via email to nomadandgrace.com or via WhatsApp to +27 76 115 8864. Should damages be sustained through cutting open the shipment box - you bare responsibility for that. It is important to use caution if using scissors or box cutter. It is crucial that you do not run scissors or a box cutter directly over the middle of the box. Items can be pushed up against the middle of the box during the shipping duration.
WARRANTY & DISCLAIMER:
You agree that no oral or written representation, guaranty or warranty made by Nomad and Grace PTY (Ltd.), its employees, agents or representatives, other than as expressly set out in these terms and conditions shall be binding on Nomad and Grace PTY (Ltd.). The warranty in this section is expressly in lieu of all other warranties, expressed or implied, and of all other obligations or liabilities on Nomad and Grace PTY (Ltd.)’s part. Nomad and Grace PTY (Ltd.) warrants only that the product shall meet the sizes and specifications ordered by you. Nomad and Grace PTY (Ltd.) makes no other warranties, express, implied or statutory or otherwise of products or services furnished hereunder or in connection herewith. Nomad and Grace PTY (Ltd.) disclaims all implied warranties of merchantability or fitness for a particular purpose. No representation or other affirmation of fact, including, but not limited to, statements regarding the suitability for use or performance whether made by seller’s employees or otherwise shall be deemed to be a warranty by seller for any purpose, or give rise to any liability of seller whatsoever. You the Renter acknowledges that renter accepts the products furnished hereunder or in connection herewith as is, where is and with all faults.
To the fullest extent permitted by law, renter shall, at renter’s sole cost and expense, indemnify, defend, release and hold harmless Nomad and Grace PTY (Ltd.), its shareholders, members, managers, officers, agents and employees, from and against any and all claims, demands, lawsuits or proceedings of any kind brought or threatened against Nomad and Grace PTY (Ltd.), and/or its managers, members, agents and employees based on any claim, in whole or in part, that the apparel as fabricated, manufactured and/or provided by Nomad and Grace PTY (Ltd.) fail to
- be adequate for a particular purpose
- comply with any product liability law, rule or regulation pertaining thereto and/or
- be adequate for any purpose which the apparel are put after shipment by Nomad and Grace PTY (Ltd.), to renter, and renter shall pay all costs, expenses, damages, liabilities and losses incurred by Nomad and Grace PTY (Ltd.), its members, managers, agents and or employees, as a result of any such actual or threatened claim, demand, lawsuit or proceeding, including, but not limited to reasonable attorney’s fees.
LITIGATION AND COLLECTION:
Venue in any legal action brought by either Nomad and Grace PTY (Ltd.), or renter in connection herewith shall be deemed proper in the county and Province of the principal location of Nomad and Grace PTY (Ltd.). These terms and conditions shall be governed by the laws of South Africa.
If any default is made in payment of amounts due for any order made hereunder, or upon any other breach of these terms and conditions. Renter agrees to pay Nomad and Grace PTY (Ltd.),’s reasonable costs of collection and/or compliance, including, but not limited to, reasonable attorneys’ fees and costs, not to exceed the amount allowed by any applicable statute.
PLEASE NOTE: Nomad and Grace PTY (Ltd.), has 48hrs to cancel and refund any orders placed that may conflict with any other orders. Although this is very rare, we will email you and try to work it out before sending the refund.
I agree that my start date is 2-3 days prior to any shoot or travel dates. And is not starting on a Sunday or Holiday. Nomad and Grace PTY (Ltd.), won’t refund/credit/reschedule for dates selected incorrectly or Public holidays. PLEASE MESSAGE US ABOUT LAST-MINUTE ORDERS AND WE WILL TRY ASSIST AS BEST WE CAN AT THE GIVEN TIME!!
I agree to all terms set forth and agree to cover the cost of the dress rental(s), shipping, and any damages/loss/theft and/or late charges. I agree to allow Nomad and Grace PTY (Ltd.), to charge my credit card to cover these costs and any additional fees owed to Nomad and Grace PTY (Ltd.).