Rental Terms & Conditions

1. Definitions

The following terms have the meanings set out below throughout this Agreement:

• “Garment” means any item of clothing or accessory made available for rental by Borrowed Archive.
• “Rental Period” means the confirmed rental window selected by the Customer at the time of booking, typically four (4) consecutive days.
• “Rental Fee” means the amount charged for the use of a Garment during the Rental Period, as displayed at the time of booking.
• “Care Bond” means the refundable security amount paid by the Customer at the time of booking to cover the risk of damage beyond Standard Wear. The Care Bond is not a deposit in the traditional sense; it reflects the Customer’s commitment to the good stewardship of the Garment.
• “Standard Wear” means minor, superficial marks or light soiling that are reasonably expected from careful single-occasion wear and which are fully remedied by the standard dry-cleaning process applied to every returned Garment.
• “Significant Damage” means damage beyond Standard Wear, including but not limited to: tears, snags, burns, permanent staining, structural deformation, broken fastenings, or any damage that materially affects the appearance or wearability of the Garment.
• “Irreparable Damage” means damage so extensive that, in the reasonable assessment of Borrowed Archive, the Garment cannot be restored to a rentable condition regardless of repair or cleaning intervention.
• “Replacement Cost” means the current retail price of an identical or substantially similar Garment at the time the damage assessment is made, as evidenced by a supplier invoice, brand website, or equivalent reference.
• “Return Date” means the final day of the Rental Period by which the Garment must be delivered to the designated courier or collection point as confirmed in the Customer’s booking confirmation.
• “Late Return” means any return of a Garment received after the Return Date.
• “Store Credit” means a non-transferable credit of monetary value issued by Borrowed Archive to the Customer’s account, redeemable against future Rental Fees only. Store Credit has no cash value, cannot be exchanged for a refund, and expires six (6) months from the date of issue if unused.
• “Calendar Day” means any day of the week including weekends and public holidays. Where a deadline is expressed in Calendar Days, all days count regardless of whether they are working days.
• “Business Day” means any day other than a Saturday, Sunday, or South African public holiday. Where a deadline is expressed in Business Days, weekends and public holidays are excluded from the count.

2. Booking and Confirmation

• A rental booking is confirmed only upon receipt of full payment of the Rental Fee and the Care Bond.
• Rental Periods are fixed at the time of booking. The Customer selects their preferred start and end dates from those available in the booking calendar.
• Borrowed Archive reserves the right to decline any booking at its sole discretion.
• Confirmation of a booking constitutes acceptance of these Terms and Conditions in full.
• Bookings are personal and non-transferable. The Customer who completes the booking is solely responsible for the Garment during the Rental Period.

3. Delivery and Return Logistics

• Garments are dispatched to the Customer’s confirmed delivery address via a tracked national courier service.
• Borrowed Archive will make reasonable efforts to ensure dispatch in time for the Rental Period to commence as booked. Delivery timelines are estimates and Borrowed Archive is not liable for delays caused by third-party courier services.
• The Customer is responsible for ensuring that a suitable recipient is available at the delivery address on the confirmed dispatch date.
• Return of the Garment is the Customer’s responsibility. Return packaging and a pre-addressed return mailer are included in every dispatch. The Customer must: (a) repackage the Garment carefully using the provided packaging; (b) hand the package to the designated courier on the Return Date as confirmed in their booking; and (c) retain proof of handover.
• Risk in the Garment passes to the Customer upon delivery and reverts to Borrowed Archive only upon confirmed receipt by Borrowed Archive after return.

4. Care Bond

• A Care Bond is charged at the time of booking for each Garment rented. The Care Bond amount applicable to each Garment is displayed on the product page and confirmed at checkout.
• The Care Bond is held by Borrowed Archive during the Rental Period and assessed for release upon return and inspection of the Garment.
• Full release: Where the Garment is returned on time and assessed as free of Significant Damage, the Care Bond will be released in full within three (3) business days of receipt and inspection.
• Partial retention: Where the Garment is returned with Significant Damage, Borrowed Archive may retain all or part of the Care Bond to cover the reasonable cost of professional repair or specialist cleaning. Borrowed Archive will notify the Customer in writing within five (5) business days of the damage assessment, providing a description of the damage and the amount retained.
• Full retention and further liability: Where the Garment sustains Irreparable Damage, the Care Bond will be retained in full and the Customer will remain liable for any difference between the Care Bond and the Replacement Cost of the Garment. Borrowed Archive reserves the right to invoice the Customer for such difference, which becomes due and payable within thirty (30) Calendar Days of the invoice date.
• Normal dry-cleaning costs are borne by Borrowed Archive and do not affect the Care Bond.
• The Care Bond is not interest-bearing.

5. Garment Condition and Damage

• Every Garment is inspected, cleaned, and photographed prior to dispatch. A condition record is maintained for each Garment.
• The Customer agrees to handle the Garment with reasonable care throughout the Rental Period.
• Upon return, each Garment is inspected against its pre-dispatch condition record. The Customer will not be charged for Standard Wear.
• Where Significant Damage is identified, Borrowed Archive will assess the cost of repair. If the repair cost is less than the Care Bond, only the repair cost will be retained. If the repair cost exceeds the Care Bond, the Customer may be liable for the difference, capped at the Replacement Cost.
• Where Irreparable Damage is identified, the Customer is liable for the full Replacement Cost of the Garment. The Care Bond will be applied against this amount. Any shortfall is recoverable by Borrowed Archive.
• In the event of a dispute regarding the damage assessment, the Customer may request a written explanation and supporting photographic evidence within five (5) business days of receiving the assessment notice. Borrowed Archive will respond within ten (10) business days.

6. Late Returns

• Garments must be handed to the designated courier on the Return Date as confirmed in their booking.
• A late return fee of R150 (one hundred and fifty rand) per Calendar Day will be charged for each day the Garment is received after the Return Date (“Late Return Fee”). For clarity, the day after the Return Date constitutes day one.
• Borrowed Archive reserves the right to deduct accrued Late Return Fees from the Customer’s Care Bond. Where the Late Return Fees exceed the Care Bond held, the Customer will be invoiced for the outstanding amount, due within fourteen (14) Calendar Days.
• Late returns may affect the availability of the Garment for a subsequent booking. Borrowed Archive reserves the right to claim additional compensation where a Late Return causes a confirmed booking to be cancelled or delayed.
• If a Customer anticipates a late return, they must notify Borrowed Archive as soon as reasonably practicable by email to hello@borrowedarchive.com or via the Borrowed Archive WhatsApp business line. Notice does not waive the Late Return Fee but may inform Borrowed Archive’s approach to the subsequent booking schedule.

7. Cancellations and Amendments

• Cancellations made at least three (3) calendar days before the start of the Rental Period: the full Rental Fee will be refunded in cash. The Care Bond will be refunded in full.
• Cancellations made within two (2) calendar days of the start of the Rental Period: the full Rental Fee will be issued as Store Credit. No cash refund of the Rental Fee will be made in these circumstances. The Care Bond will be refunded in full.
• Rental Period amendments (date changes) are subject to availability and must be requested at least seven (7) days before the original start date. Borrowed Archive will make reasonable efforts to accommodate requests but cannot guarantee alternative dates.
• Borrowed Archive reserves the right to cancel a confirmed booking where: (a) the Garment is found to be damaged or unfit for rental upon pre-dispatch inspection; (b) a force majeure event prevents fulfilment, being an event beyond Borrowed Archive’s reasonable control including but not limited to natural disasters, civil unrest, pandemic, or failure of essential services. In such circumstances, the full Rental Fee and Care Bond will be refunded.

8. Customer Obligations

• The Customer must not: (a) have the Garment altered, repaired, or dry-cleaned by a third party without prior written consent from Borrowed Archive; (b) sell, sub-let, or lend the Garment to any other person; (c) wear the Garment in circumstances where significant soiling or damage is reasonably foreseeable (e.g. outdoor activities involving mud, water, or open flame); (d) remove any labels, tags, or identifying marks attached to the Garment.
• The Customer must: (a) follow any care instructions included with the Garment; (b) store the Garment safely when not in use; (c) return the Garment in its original packaging.

9. Limitation of Liability

• Borrowed Archive’s total liability to the Customer for any claim arising from or related to a rental transaction is limited to the total Rental Fee paid by the Customer for the relevant Garment.
• Borrowed Archive is not liable for any indirect, consequential, or special loss suffered by the Customer, including but not limited to loss of enjoyment, loss of occasion, or any costs incurred as a result of a garment not being available or not meeting the Customer’s expectations.
• Borrowed Archive makes no warranty that any Garment will be suitable for any particular occasion. Fit, sizing, and visual representations are addressed in Section 15 of this Agreement.
• Nothing in this Agreement excludes or limits Borrowed Archive’s liability for fraud, gross negligence, or any liability that cannot be excluded under South African law.

10. Privacy and Data

• Personal information collected at the time of booking is processed in accordance with Borrowed Archive’s Privacy Policy and the Protection of Personal Information Act 4 of 2013 (“POPIA”).
• The Customer’s personal information will not be shared with third parties except where necessary for fulfilment of the rental (e.g. courier services) or as required by law.

11. Dispute Resolution and Governing Law

• In the event of a dispute arising from this Agreement, the parties agree to first attempt resolution informally by written communication to hello@borrowedarchive.com or via the Borrowed Archive WhatsApp business line.
• If the dispute is not resolved within twenty-one (21) days of written notice, either party may refer the matter to a mediator agreed upon by both parties. Mediation costs are shared equally unless otherwise agreed.
• This Agreement is governed by the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the Western Cape Division of the High Court of South Africa.
• Nothing in this clause limits the Customer’s right to refer a complaint to the National Consumer Commission or any other statutory body under the CPA.

12. General

• These Terms and Conditions constitute the entire agreement between Borrowed Archive and the Customer with respect to the rental of Garments and supersede all prior representations, discussions, or understandings.
• If any provision of this Agreement is found to be unenforceable, the remaining provisions continue in full force and effect.
• Borrowed Archive reserves the right to update these Terms and Conditions in accordance with Section 18. The version in force at the time of booking applies to that booking.
• These Terms and Conditions apply to all rentals transacted through borrowedarchive.com or such other platform as Borrowed Archive may designate.

13. Pre-Existing Damage Notification

• Every Garment is inspected, cleaned, and photographed prior to dispatch. A condition record is maintained for each Garment and is available to the Customer on request.
• Upon receipt of a Garment, the Customer must inspect it immediately. If any pre-existing damage, defects, or discrepancies are identified that are not reflected in the condition record, the Customer must notify Borrowed Archive in writing within four (4) hours of confirmed delivery, by email to hello@borrowedarchive.com or via the Borrowed Archive WhatsApp business line.
• Failure to notify Borrowed Archive of pre-existing damage within this window may result in the Customer being held liable for that damage upon return, as it will be assessed against the pre-dispatch condition record.
• Where a pre-existing defect is confirmed by Borrowed Archive, the Customer will not be charged for that specific damage on return.

14. Garment Care and Handling

• The Customer must handle all Garments with reasonable care throughout the Rental Period and use them only for their intended purpose as occasion-wear.
• The Customer must not wash, iron, steam, spot-clean, or attempt to launder any Garment by any means. All cleaning is performed exclusively by Borrowed Archive using professional dry-cleaning services after each return.
• The Customer must take reasonable precautions to protect Garments from: (a) food and beverages; (b) makeup, fake tan, body oils, perfume, and deodorant residue; (c) any surface, substance, or environment that may cause staining, snagging, discolouration, or structural damage to the fabric or embellishments.
• Where the Customer becomes aware of any accidental damage or soiling during the Rental Period, they must notify Borrowed Archive as soon as reasonably practicable and in any event before the Return Date.

15. Sizing, Fit, and Representations

• Borrowed Archive makes no warranty that any Garment will fit, be comfortable, or be suitable for any particular occasion. Size information is provided as a guide only; actual fit may vary depending on the Customer’s measurements and body shape.
• Minor variations may exist between product images and the actual appearance of Garments due to photographic lighting, screen calibration, or natural variation in fabric and embellishment. These do not constitute a defect or misrepresentation.
• Where a Customer returns a Garment solely due to a sizing issue — provided the Garment is unworn beyond a fitting and is returned undamaged and in its original condition — Borrowed Archive may, at its discretion, issue Store Credit equal to the Rental Fee, excluding any delivery costs incurred. This discretion will be exercised reasonably and on a case-by-case basis.
• Sizing-related returns do not affect the Care Bond, which will be refunded in full upon inspection confirming the Garment is undamaged.

16. Booking Identity and Customer Responsibility

• The person named at the time of booking (“the Named Customer”) accepts full personal responsibility for the Garment from the point of confirmed delivery until confirmed receipt by Borrowed Archive upon return, regardless of the payment method used to complete the booking.
• Where the payment card used at checkout is held in a name other than the Named Customer, this does not affect or limit the Named Customer’s liability under this Agreement. Responsibility for the Garment attaches to the Named Customer, not the payment card holder.
• The Named Customer confirms that all information provided at the time of booking — including their full name, delivery address, and contact details — is accurate and complete. Providing materially false or misleading information at the time of booking constitutes a breach of this Agreement and Borrowed Archive reserves the right to pursue the Named Customer for any losses arising from that breach.
• A confirmed OTP verification to the mobile number provided at checkout constitutes additional confirmation of the Named Customer’s identity and agreement to these Terms and Conditions.

17. Courier Loss and Return Transit

• Borrowed Archive is not liable for loss or damage to a Garment while in transit with a courier on return, provided the Customer has followed the return packaging and handover instructions set out in this Agreement and can provide proof of handover to the courier.
• Where a Garment is lost or damaged in transit on return and the Customer has complied with the return instructions and holds proof of handover, Borrowed Archive will assist the Customer in lodging a claim with the relevant courier service. In such circumstances, the Care Bond will not be retained pending the outcome of the courier claim.
• Where the Customer cannot provide proof of handover to the courier, Borrowed Archive may treat the Garment as unreturned and the provisions relating to Irreparable Damage and Replacement Cost under Clause 5 will apply.

18. Amendment of These Terms and Conditions

• Borrowed Archive reserves the right to update or amend these Terms and Conditions at any time. Where changes are material, Borrowed Archive will communicate the update by email or website notice at least seven (7) Calendar Days before the amended terms take effect.
• The version of these Terms and Conditions in force at the time of a confirmed booking applies to that booking in full, regardless of any subsequent amendments.

Acceptance

By completing a booking with Borrowed Archive, the Named Customer confirms that they have read, understood, and agree to be bound by these Terms and Conditions in their entirety. Acceptance is given at the point of booking confirmation and applies to every rental transacted under the Named Customer’s account.