1. Parties & Definitions
"Auralux", "we", "us", or "our" refers to Auralux Luxury Consignment Studio, a private studio operated by Chanté, situated in Wierdapark, Centurion, Gauteng, Republic of South Africa.
"Consigner" or "you" refers to any individual who submits a garment to Auralux for consignment, rental listing, or sale.
"Garment" refers to any dress, gown, accessory, or item submitted by the Consigner to Auralux.
"Agreement" refers to these Terms and Conditions in their entirety, together with any supplementary written consignment contract signed at drop-off.
2. Acceptance of Terms
By submitting a consignment application, ticking the acceptance checkbox, logging into the Consigner Portal, or physically dropping off a garment, the Consigner confirms that they have read, understood, and unconditionally agreed to every clause of this Agreement. No consignment service will be provided unless this Agreement is accepted in full.
Auralux reserves the right to amend these Terms at any time. Consigners will be notified of material changes via email and will be required to re-accept the updated Terms via the portal before continued use of services.
3. Eligibility
Consigners must be at least 18 years of age. Persons aged 16–17 may participate only with a signed parent or legal guardian co-agreement, which must be submitted in writing to Auralux prior to drop-off. Auralux reserves the right to decline any application without providing a reason.
4. Governing Law & Jurisdiction
This Agreement is governed exclusively by the laws of the Republic of South Africa, including but not limited to the Consumer Protection Act 68 of 2008, the Protection of Personal Information Act 4 of 2013 (POPIA), and the Electronic Communications and Transactions Act 25 of 2002. Any disputes shall be subject to the jurisdiction of the Magistrate's Court or High Court of the Gauteng Division, as appropriate to the quantum of the claim.
5. Contact
All formal notices and queries must be submitted in writing to auraluxdress@gmail.com. WhatsApp messages are accepted for operational communication but do not constitute formal legal notice unless explicitly acknowledged in writing by Auralux.
6. Nature of the Consignment Relationship
Auralux operates exclusively as a consignment agent and does not purchase garments outright. All garments remain the sole legal property of the Consigner throughout the entire consignment period. Auralux acts as agent only and bears no ownership interest in any garment.
7. Garment Submission & Assessment
All garments are subject to an in-person assessment by Auralux prior to acceptance. Auralux reserves the absolute right to:
- Decline any garment that does not meet Auralux's quality, condition, or brand standards;
- Determine the final listing price, rental rate, and listing type after assessment;
- Remove any garment from active listing at any time if it is found to be misrepresented, damaged beyond acceptable condition, or unsaleable.
The Consigner warrants that all information provided in the registration form is accurate, complete, and not misleading. Misrepresentation of a garment's condition, authenticity, ownership, or value may result in immediate termination of the consignment relationship and recovery of any losses suffered by Auralux.
8. Ownership & Title Warranty
The Consigner warrants that:
- They are the sole legal owner of the garment submitted and have full authority to enter into this Agreement;
- The garment is free from any lien, encumbrance, hire-purchase obligation, or third-party claim;
- The garment is not counterfeit, stolen, or subject to any intellectual property dispute;
- No third party has any right, title, or interest in the garment.
The Consigner indemnifies Auralux fully against any claim, loss, liability, or legal cost arising from a breach of this warranty.
9. Consignment Period
The initial consignment period is six (6) months, renewable by mutual agreement. The Consigner agrees that during this period the garment will remain at Auralux for active listing, marketing, and rental or sale. The consignment period commences on the date of signed drop-off receipt.
10. Withdrawal & Collection
The Consigner may request withdrawal of their garment at any time, subject to the following conditions:
- A minimum of 30 calendar days' written notice is required, delivered via email to auraluxdress@gmail.com;
- No withdrawal may be effected while the garment is actively rented out or while a confirmed rental booking exists within the notice period;
- Auralux will arrange a mutually convenient collection date within the 30-day notice period;
- Any outstanding payout amounts owed to Auralux from unpaid rental fees, cleaning costs, or damage assessments will be deducted before the garment is released;
- Garments not collected within 14 days of the agreed collection date will be treated as abandoned and may be disposed of or donated at Auralux's discretion, with no further liability to Auralux.
11. Garment Care & Condition
Auralux will take all reasonable care of consigned garments. Garments are stored in a climate-appropriate, secure environment. Professional dry-cleaning is arranged after every rental at Auralux's cost. Auralux will not be responsible for minor wear consistent with normal professional handling and display. The Consigner accepts that some degree of wear may occur during the consignment period.
12. Garment Photography & Marketing
The Consigner grants Auralux a non-exclusive, royalty-free licence for the duration of the consignment period to photograph, film, edit, and use images of the garment for any marketing purpose, including but not limited to social media, the Auralux website, print materials, and advertising. This licence expires upon collection or final sale of the garment. Auralux will not use the Consigner's personal details in any public marketing without express written consent.
13. Revenue Share — 50 / 50
All rental income generated from a Consigner's garment is divided as follows:
- 50% to the Consigner — the Consigner's share of the gross rental fee charged to the client;
- 50% to Auralux — to cover professional photography, marketing, storage, cleaning, insurance administration, platform maintenance, and studio operations.
This 50/50 split is fixed and non-negotiable unless a separate written amendment is agreed and signed by both parties prior to listing.
14. Payout Timing
Consigner payouts are processed within 7 calendar days of the rental return date, provided that:
- The garment has been returned by the client in satisfactory condition;
- The full rental fee has been received and cleared from the client;
- No damage assessment is outstanding.
Where damage is identified upon return, payout may be withheld pending assessment and resolution. Auralux will notify the Consigner in writing within 48 hours of any payout delay.
15. Payout Method
Payouts are made via EFT to the Consigner's nominated South African bank account. The Consigner is responsible for providing accurate and up-to-date banking details. Auralux accepts no liability for failed transfers due to incorrect banking information provided by the Consigner. Any bank charges or transfer fees are for the Consigner's account.
16. Payout Records & Disputes
All rental activity and payout records are accessible to the Consigner via the secure Consigner Portal. The Consigner must raise any payout dispute in writing within 30 days of the payout due date. Disputes raised after this period will not be considered. Auralux's records shall be deemed prima facie correct unless proven otherwise by the Consigner with documentary evidence.
17. Sale Proceeds
Where a garment is listed for sale (as opposed to, or in addition to, rental), the same 50/50 revenue split applies to the sale price agreed upon at assessment. Auralux will notify the Consigner of any sale offer received and may not finalise a sale without the Consigner's written consent where the offered price differs from the agreed listing price by more than 10%.
18. Taxes
The Consigner is solely responsible for declaring any income received from Auralux to the South African Revenue Service (SARS) and for complying with all applicable tax obligations. Auralux does not provide tax advice and accepts no liability for the Consigner's tax affairs.
19. Insurance
Auralux maintains a specialist garment insurance policy covering garments in its care. This cover is activated from the moment of signed drop-off receipt and terminates upon signed collection. The policy covers:
- Theft from the studio premises;
- Fire, flood, or natural disaster damage;
- Accidental damage caused by Auralux staff during handling.
The policy does not cover: normal wear and tear; damage caused by the rental client (which is covered separately by the client damage deposit); loss or damage during transit by the Consigner to or from Auralux; or items not disclosed accurately at assessment. The Consigner is encouraged to maintain their own personal insurance for additional peace of mind.
20. Client Damage & Deposit
A refundable security deposit is collected from each rental client at the time of rental confirmation. In the event of damage caused by a client:
- Auralux will conduct a professional damage assessment within 48 hours of return;
- Repair or replacement costs will be deducted from the client's deposit;
- Where repair or replacement costs exceed the deposit held, Auralux will pursue recovery from the client directly;
- The Consigner will be notified within 48 hours and kept informed throughout;
- Where damage is irreparable, Auralux and the Consigner will negotiate a reasonable settlement based on the garment's assessed market value.
21. Limitation of Liability
To the fullest extent permitted by South African law, Auralux's total aggregate liability to the Consigner for any claim arising under or in connection with this Agreement shall not exceed the total payout amount received by the Consigner in the six (6) months immediately preceding the event giving rise to the claim, or R5 000 (five thousand Rand), whichever is greater.
Auralux shall not be liable for any indirect, consequential, special, incidental, or punitive loss or damage, including but not limited to loss of profit, loss of opportunity, or reputational harm.
22. Force Majeure
Auralux shall not be in breach of this Agreement, nor liable for any failure or delay in performing its obligations, where such failure or delay results from events beyond Auralux's reasonable control, including but not limited to: acts of God, fire, flood, power failure, internet or telecommunications failure, civil unrest, pandemic, government-imposed restriction, or any other event of force majeure. In such circumstances Auralux will make all reasonable efforts to notify the Consigner promptly.
23. Indemnity
The Consigner indemnifies and holds harmless Auralux, its owners, employees, and agents against any claim, action, loss, damage, cost, or liability (including legal costs on an attorney-and-client scale) arising from:
- Any breach by the Consigner of this Agreement;
- Any misrepresentation made by the Consigner regarding the garment;
- Any third-party claim relating to the ownership, authenticity, or intellectual property rights in the garment;
- The Consigner's failure to comply with applicable law.
24. Termination by Auralux
Auralux may terminate this Agreement and return the garment to the Consigner with immediate effect, and without liability, in the event that:
- The Consigner has materially breached this Agreement and has failed to remedy the breach within 7 days of written notice;
- The garment is found to be counterfeit, stolen, or misrepresented;
- Continued consignment of the garment exposes Auralux to legal, reputational, or financial risk;
- The Consigner conducts themselves in a manner that is threatening, abusive, or disruptive to Auralux's operations.
25. Rental Listings
Auralux determines all rental pricing after in-person assessment, taking into account garment type, condition, brand, and market demand. The Consigner's asking rental price is noted but Auralux's final assessed price is binding. Final rental rates are communicated to the Consigner via the portal before any rental is completed.
26. Client Vetting
All rental clients are required to complete Auralux's client registration and appointment process. Auralux makes reasonable efforts to vet clients but does not guarantee the conduct of any rental client. The Consigner acknowledges and accepts that rental involves an element of risk and that this risk is managed through Auralux's deposit and damage policy (see clause 20).
27. Collection & Return of Rented Garments
- Rented garments are available for collection by the client one day prior to the event date;
- Garments must be returned by the client on the agreed return date (typically the next business day following the event);
- Late returns attract a daily late fee as specified in the client's rental contract, which will be recovered from the client's deposit;
- Auralux will inspect every garment upon return before releasing any deposit;
- Garments are professionally dry-cleaned after every rental at Auralux's cost before re-listing.
28. Multiple Rentals
A garment may be rented to multiple clients over the consignment period, subject to availability. Each rental generates a separate payout to the Consigner calculated at the agreed revenue split. The Consigner's portal reflects all individual rental records and payout statuses in real time.
29. Consigner's Consent to Rental
By entering into this Agreement, the Consigner provides standing advance consent to Auralux to rent out the garment to verified clients without requiring individual approval for each rental booking. If the Consigner wishes to restrict availability for specific dates, they must notify Auralux in writing at least 7 days in advance.
30. Client Registration
Clients registering on the Auralux platform agree to provide accurate personal information and consent to receive Auralux communications. Clients may unsubscribe from marketing communications at any time while retaining access to transactional communications.
31. Non-Refundable Appointment Fee
A non-refundable appointment fee of R150 is required to confirm all studio appointments, including consignment assessments, client fittings, and all other studio visits. This fee:
- Is forfeited in full if the appointment is missed or cancelled with less than 24 hours' notice;
- May be credited towards a future appointment at Auralux's sole discretion where cancellation is due to a verified emergency;
- Is payable in advance and may be required via EFT, card, or instant payment.
32. Rental Deposit
All rental clients are required to pay a refundable security deposit at the time of rental confirmation. The deposit amount is determined by Auralux per garment and communicated to the client before booking is finalised. The deposit is returned within 5 business days of the garment's return in satisfactory condition.
33. Studio Conduct Policy
All visitors to the Auralux studio are required to:
- Treat all garments, studio property, and staff with care and respect;
- Refrain from handling any garment without the express permission of Auralux staff;
- Wear appropriate undergarments during fittings as directed by studio staff;
- Not bring food, beverages, or pets into the studio space;
- Limit each appointment to a maximum of two accompanying guests, unless prior approval has been obtained.
Auralux reserves the right to refuse service or remove any person from the studio who does not comply with this conduct policy, with no refund of appointment fees.
34. Data Controller
Auralux is the responsible party for the processing of your personal information as defined under the Protection of Personal Information Act 4 of 2013 (POPIA).
35. Information Collected
Auralux collects the following categories of personal information:
- Identity information: full name, date of birth;
- Contact information: email address, phone number, city/town;
- Financial information: banking details (for payout processing only), payout records;
- Garment information: descriptions, photographs, valuations;
- Portal activity: login timestamps, T&C acceptance records, rental history.
36. Purpose of Processing
Your personal information is processed solely for the following lawful purposes:
- Administering your consignment or rental relationship with Auralux;
- Processing payouts and maintaining financial records;
- Communicating about your garments, bookings, and payments;
- Complying with legal and regulatory obligations;
- Marketing communications (only with your express consent, which may be withdrawn at any time).
37. Data Sharing
Auralux will never sell, rent, or trade your personal information to any third party. Your information may be shared only in the following limited circumstances:
- With payment processors or banking institutions for the purpose of EFT payout processing;
- With professional service providers (e.g. dry-cleaners, photographers) on a strict need-to-know basis and subject to confidentiality obligations;
- Where required by law, court order, or a competent regulatory authority.
38. Data Security
Auralux implements reasonable technical and organisational security measures to protect your personal information from unauthorised access, disclosure, alteration, or destruction. Access to the Consigner Portal is protected by a unique PIN code. You are responsible for keeping your PIN confidential and must notify Auralux immediately if you suspect unauthorised access to your account.
39. Your POPIA Rights
Under POPIA, you have the right to:
- Request access to the personal information Auralux holds about you;
- Request correction of inaccurate or incomplete information;
- Request deletion of your personal information, subject to Auralux's legal retention obligations;
- Object to the processing of your information for marketing purposes;
- Lodge a complaint with the Information Regulator of South Africa (inforeg.org.za).
To exercise any of these rights, contact us at auraluxdress@gmail.com. Auralux will respond within 30 days of receiving a valid request.
40. Retention
Personal information is retained for as long as necessary to fulfil the purposes for which it was collected, or as required by law. Financial records are retained for a minimum of 5 years in compliance with South African tax and financial legislation. Upon termination of the consignment relationship, personal data not required for legal or financial purposes will be securely deleted or anonymised within 12 months.