Terms of service

 This Terms of Service agreement (“Terms”) is between you (“you” or “your”) and Pyaari Pieces Ltd (“we,” “our,” “us,” or “Pyaari Pieces”), and governs your access to and use of our website at www.pyaari.com.au, you are accepting and consenting to the practices in the Terms of Use including this Copyright and Privacy Policy. 

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.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Pyaari Pieces reserves the right to change these terms and policies from time to time at its sole discretion. It is your responsibility to check this page periodically for changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Questions about the Terms of Service should be directed to our customer service team.

General Conditions

Our website is intended for users who are 13 years of age and above. By agreeing to these Terms of Service, you represent that you are at least 13 years of age and above in your state or province of residence, or that you are at least 13 years of age and above in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Disclaimer

You assume all risks concerning the suitability and accuracy of the information within this website. The website and publications may contain technical inaccuracies or typographical errors. Pyaari Pieces assumes no responsibility for, and disclaims all liability for, any such inaccuracies, errors or omissions in the website.

Use of the Products

You agree to treat the Products with great and diligent care. The rental coverage provided by us covers normal wear and tear, but you are responsible for any loss, destruction, or damage to the Products for any reason, including due to theft, loss, mysterious disappearance, fire, major stains, or any other cause.

 “Normal wear and tear” means minor stains, missing beads, stuck zippers, or other minor damage that is covered by the rental coverage. If you return a Product that is damaged beyond normal wear and tear, then you hereby authorise us (or our third-party payment processor) to charge your Payment Method for the price for repairing or replacing the Product, as determined in our discretion, up to the Original Retail or Comparable Value price for the Product.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel transactions per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update Pyaari Pieces under your Account with updated information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Accuracy of Shipping/Delivery details

You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information for your Account up-to-date.

If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Products.

Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each Product until you return such Product (including while they are in transit). We reserve the right to reject, cancel, or prohibit any rentals or sales of Products for any reason.

Returning Rented Products

You agree to return each Product to Pyaari Pieces by the return date for such Product identified in your online account, immediately when you “mark” an Product as returning, and/or the applicable invoice for your order or as otherwise set forth in these Terms (the “Product Return Date”).

We may, but are not required to, permit you to extend your rental period for a Product (including by contacting us), subject to prepayment of any additional fees applicable to that Product for the period of time of the extension.

Failure to timely return a Product is a violation of our Terms, and we may terminate your Account, charge your Payment Method for Late Fees up to the Maximum Late Fee, and/or take other legal action.

Upon return, the Product will be carefully inspected alongside images of the item taken before your rental period. The Product will be examined and if there are any faults (not disclosed earlier), you will be subject to paying a fee up to the amount required for repairs. As mentioned above, if damage is irreparable, you hereby authorise us (or our third-party payment processor) to charge your Payment Method for the price for repairing or replacing the Product, as determined in our discretion, up to the Original Retail or Comparable Value price for the Product. 

Late Fee Policy

You must comply with a standardized Late Fee Policy that Pyaari Pieces will enforce to ensure the timely delivery of hired Products to you and the quality of our service.

Pyaari Pieces relies on you to return Products in a timely manner. Pyaari Pieces will be compensated by you if Products are returned late. If Products are returned late an additional fee equivalent to 10% of the Product's RRP will be charged each day the Product is not returned. You agree to this policy every time they request a booking. Late fees will be capped at the RRP whichever unless otherwise determined by Pyaari Pieces in their sole discretion. 

Pyaari Pieces also reserves the right to charge the credit card on file in your Pyaari Pieces Account, or otherwise collect payment from you and pursue any avenues available to Pyaari Pieces in this regard (including debt-collection services), in situations in which you have been determined, in Pyaari Pieces sole discretion, to have returned Products 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 Pyaari Pieces.

Unpaid invoices will be passed on to a debt-collection service with collection costs recoverable.

Cancellation Policy

You must comply with a standardised cancellation policy that Pyaari Pieces will enforce to protect the user and Pyaari Pieces alike. Each listing and reservation on our site reminds users of the cancellation policy.

• Pyaari Pieces can cancel an order at any time prior to shipping without a liability to the you . All amounts paid by you to Pyaari Pieces will be refunded to you at no charge to you.
• You can cancel an order within 10 days prior to the rental start date without any liability to Pyaari Pieces. All amounts paid by you to Pyaari Pieces will be refunded minus any service fees owed or paid to Pyaari Pieces.

Lost Products

Pyaari Pieces is not responsible for any personal or other items left in our Products or which are returned to Pyaari Pieces in the Return Packaging. If you believe you have accidentally or otherwise sent any such Products to us, please contact customer service as soon as possible (please refer to the contact us page for more details). We may, but are not required to, assist you in attempting to locate such Products at your request, and we assume no responsibility or liability if we attempt to locate such Products.

Failure to return a Product is a violation of our Terms, and we may charge you the replacement cost of the lost product at market value as dictated by Pyaari Pieces, and/or take other legal action.

Failure to timely return a Product is a violation of our Terms, and we may charge you through your Payment Method for Late Fees up to the Maximum Late Fee, and/or take other legal action.

Couriers

Pyaari Pieces may from time to time engage third-party couriers (“Couriers”) to facilitate delivery of Products. Couriers are independent contractors and not employees, partners, agents, joint ventures, or franchisees of Pyaari Pieces.

Pyaari Pieces shall not be liable or responsible for any delivery services provided by Couriers, or any errors or misrepresentations made by any of them.

If you opt to have Products delivered by Courier, you agree to bear responsibility for receipt of Products shipped to the delivery location specified at time of check out. Pyaari Pieces highly recommends that you provide a secure location where you can physically receive Product(s) (including from a Courier), and Pyaari Pieces does not bear liability for Products left unattended, by you, a Courier, or otherwise.

You hereby acknowledge that Pyaari Pieces does not supervise, direct, control, or monitor a Courier’s provision of services. Any interactions or disputes between you and a courier are solely between you and that courier. Pyaari Pieces and its licensors shall have no liability, obligation or responsibility for any interaction between you and any courier.

Consent to Receive Periodic Messages

By using the Services, you consent to receiving communications from us, including informational text messages or emails (such as for purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other transactional information) to the phone number or email address that you provide by any means.

You represent and warrant that you are the owner of the phone number or email address that you provide when you create an Account. When applicable, standard text messaging and data rates charged by your mobile carrier may apply to the text messages we send you, and any and all such charges, fees, taxes, or costs are your sole responsibility.

You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing our customer service team. You acknowledge that opting out of receiving communications may impact your use of the Services. Please note also that you will need to opt out of communications for each Service that you sign up for.

You agree to indemnify and hold Pyaari Pieces harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Reviews and Feedback

Authentic and truthful reviews and feedback are the cornerstone of our community. We prohibit:

• Reviews that do not represent a users’ personal experience.
• Reviews unrelated to the actual reservation (political, religious, or social commentary).
• Content that endorses or promotes illegal or harmful activity or violence, or is profane, vulgar, obscene, defamatory, threatening, or discriminatory.
• Content that violates another person or entity’s rights, including intellectual property rights and privacy rights (publishing another person’s full name, address or other identifying information without permission).
• Content that is proven to be used as extortion.
• Content that refers to an investigation being undertaken by Pyaari Pieces.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation to:

1. Maintain any comments in confidence;
2. Pay compensation for any comments; or
3. Respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Disclaimer of warranties, limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Pyaari Pieces, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Pyaari Pieces and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Serveability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).