Terms & Conditions of Hire

Terms of Use / Hire Agreement

 

By accessing and using the Dress the Duchess website at www.dresstheduchess.com.au, you are accepting and consenting to the provisions in these terms of use. Dress the Duchess reserves the right to change these terms and conditions from time to time at its sole discretion in the manner outlined in these terms.

Definition

In these Terms of Use “you” and “your” refer to all users of this Website and “we’, “us”, “DTD”, “our” or “Dress the Duchess” refer to Marianne Mavrou trading as Dress the Duchess ABN 84 251 147 376 and from the website/platform located at www.dresstheduchess.com.au. References to users must be read as being also a reference to customers of www.dresstheduchess.com.au (‘Website”).

Nature of legally binding contract

These Terms of Use constitute a binding legal contract between you and DTD. These Terms of Use apply to you whether you are browsing the Website or are an existing or prospective customer of DTD. The Terms of Use in force at any time are published on the Website and you will be taken to have accepted them by accessing or using any function on the Website. If DTD develops revised Terms of Use, then on their publication on the Website, they will supersede those they replace. If you subsequently access or use the Website you will be taken to have accepted the revised Terms of Use. Specific Website offerings, incentives, areas, or sections may also have additional guidelines or policies (via a click the box acceptance form or similar on the Website) which govern your use of this Website. You must comply with them in addition to these Terms of Use.

Subject to the above, these Terms of Use contains all of the terms and conditions regarding your hire of products from DTD via the Website www.dresstheduchess.com.au. You agree that hire from our business is subject to all our Website Terms of Use and Privacy Policy. These are available on our Website and are subject to change from time to time. You agree that you are renting products and ownership of the product remains with DTD at all times. Our products may be rented for customers who are under the age of 18 however we only rent directly to adults who may rent the products on behalf of a minor. By clicking the “I accept” hire agreement button you represent and warrant in favour of DTD that you are over 18 years and are authorized to use the chosen method of payment with the purpose of renting the products on the order form filled out on the Website.

Payment Terms and late fees

You agree to the payment terms as express on the Website when hiring a product (including any GST payable and any direct disbursements listed at the time of the order).

Where a product has not been returned to DTD by the agreed “Hire Return Due Date” as agreed by you on the Website, then DTD shall be entitled to charge additional “Hire Fees” until the product is returned to DTD and you expressly authorise DTD prepare and issue to you an additional invoice quantified and charged at a fixed rate of fifteen dollars ($15.00) Hire Fee for each day the product is overdue to be returned to DTD on and from the agreed “Hire Return Due Date”.

If agreed with DTD (or if DTD exercises its rights on the terms in the preceding paragraph), you may elect to pay DTD an amount equal to 150% of the recommended retail value in late fees and you still have the item(s) in your possession, the item(s) are Yours to keep. This amount will be rendered by an additional invoice by DTD to you and ownership in the product will only transfer if the full amount of the invoice is paid to DTD.

If you have not returned the rental item(s) within 7 days after the return date, DTD will consider the hire item(s) as non-returned and will quantify and render an invoice to you for 150% of the recommended retail of each product still in your possession value minus the rental and late fees that you have already paid (if any).

All amounts outlined in these terms exclude GST unless otherwise expressed.

Sizing Issues/Faulty Product

If a product does not fit then you can return it unworn within 24 hours to receive a credit of the hire fee minus a delivery charge at direct disbursement cost to DTD or if available, a replacement dress in a larger size can be provided at only the postage cost. You must email hello@dresstheduchess.com.au indicating your intention to mail back the product the same day it is received. The term “unworn” will be determined by DTD in its sole discretion and must be fulfilled and confirmed prior to a credit being issued. Credits will only be issued for only the “unworn” dresses as deemed by DTD. You must inspect your dress, notify us and send through photos of any damage within 4 hours of delivery of the product, you may be responsible for the damage if we are not notified within this time period or sent photo evidence of the damage. We thoroughly check all dresses for faults prior to postage.

Social Media

If you post photos of the product(s) online (on any website or third party social media platform), You warrant you have consent and legal standing of the persons that appear in the photos to post such media and irrevocably authorise and licence DTD (on a worldwide, perpetual and royalty free basis) to repost such photos on such websites or platforms DTD chooses in its sole discretion.

 

Shipping Details

Delivery Australia wide is available and the shipping method will be the choice of DTD. Your delivery can be delivered to you between 7:00am and 6:00pm on the requested day of delivery or earlier. It is your responsibility to be available for delivery of your item/s or collection of your item. Your hire period starts from the time the courier attempted first delivery and credits will not be issued for late delivery where you have not been available to accept delivery. You may grant us an ‘authority to leave’ when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our selected couriers permission to leave the Order and the products associated with the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery. We do not take responsibility for orders where an incorrect/ineligible address has been provided. If you have supplied an incorrect address you will not be entitled to a refund of any kind and you may be liable to pay any late fees or a replacement fee if the dress is not returned to us. By choosing signature on delivery you are accepting that anyone on that premises can sign for your parcel, once the item is signed for responsibility and liability transfers to you.

Returns

With delivery of your product, pre-paid return packaging is provided. Please ensure that you place your dress inside the self-addressed envelope and return the envelope to Australia Post by 4pm on the last day of your hire. If you are planning on returning your dress from a different postcode to the delivery address on your order, then you must contact hello@dresstheduchess.com.au prior to hiring. DTD will not take responsibility for lost item(s) returned in Australia Post Boxes. If you lose your return packaging it is your responsibility to return the product via trackable express post to DTD. You must provide tracking details to hello@dresstheduchess.com.au in order to avoid further borrowing charges.

If you return your item(s) via an Australia Post Outlet (highly recommended) where it will be scanned over the counter as proof of lodgement then the article will be deemed as returned and we will accept responsibility for the article after the first scan. If you return your item(s) via an Australia Post Box and the item(s) is not scanned and is lost by Australia Post then you accept responsibility for this loss and will be required to pay the retail cost of the item(s) in addition to the hire fee already paid as otherwise in accordance with these Terms of Use.

If your hire period ends on a weekend, then you agree to post into a yellow post box on this day if you have been provided with a return express post bag. You therefore accept responsibility for placing your item directly into yellow a post box and any fees that result from the parcel being delayed or lost. If you wish to lodge your parcel over the counter, then please select a delivery day that does not end on the weekend or email us to arrange an alternative return date.

Cleaning

Professional cleaning is included in your hire and you agree that no attempts will be made to clean, repair alter, iron/press product/s (unless otherwise arranged and agreed to by DTD). DTD shall not be held liable for any health-related complaints associated with a product rented from our site. Our products have been worn by other consumers prior to your rental.

Risk and responsibility associated with the product

DTD retains property of the product nonetheless all risk for the product passes to you on pickup/delivery.

You accept full responsibility for the safekeeping of the product.

 

If the product gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of yours then you will be liable to pay for replacement of the item on the terms of these Terms of Use.

 

Damaged/Soiled/Replacement Product

You agree to treat our products like you would your own. You will treat the product with the upmost of care. You agree not to remove any tags from the product/s and will be charged the recommended retail price of the product/s if any manufacturing or designer tags have been removed in anyway. You will be required to pay for any damage caused to the apparel (including but not limited to, stains, pulls/rips and tears). It is up to the discretion of DTD to decide how much is charged for damage. If the item is damaged beyond repair, you will be charged the recommended retail price of the product/s. What is deemed ‘unrepairable’ is up to the discretion of DTD. If it is deemed that the cost to repair the product is $30 or less, we will incur the cost of this. If it is deemed that the damage to repair is greater than $30, you will be issued with an invoice for the repair or replacement amount pursuant to these terms.

Late Fee Policy

You agree to return your product on the order return date (or next business day if your return date falls on a Sunday or public holiday) by 4pm using the prepaid return envelope provided. If you return your item(s) late you will incur a late Hire Fee as outlined above (see section Payment Terms and late fees).

If you lose your packaging it is your responsibility to return the items(s) to DTD within one (1) business day of return date. You must purchase return shipping at your own expense and provide the tracking number to DTD. DTD will not be held liable for products which are late or lost in transit due to your chosen method of shipping.

If you return your item(s) via an Australia Post Outlet (highly recommended) where it will be scanned over the counter as proof of lodgement then you will not be responsible for late fees provided the item(s) are lodged by 4pm on your return date (or next business day if your return date falls on a Sunday or public holiday). If you post your item(s) via an Australia post box you will be charged $15 each day the dress is received after one (1) business day of your return date.

 

 

Collection

If you do not pay the amounts owed to us when due we will pass on the invoices to a collection company to pursue you for collections, including and without limitation attorney and collection fees. DTD reserves the right to terminate your right to rent products from us at any time at our own discretion should you breach this agreement or for any other reason.

Cancellation Policy

You may cancel your rental order subject to the following cancellation fees and policies:
i. Cancellation fourteen (14) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
ii. If you cancel less than fourteen (14) days in advance of the delivery date, you will be refunded the hire amount but charged a $50 cancellation fee.

Try ons

DTD reserves the right to allow for post out try ons at their discretion. By special circumstance, try on arrangements include accepting our Terms and Conditions. If the item is lost then you will be responsible for the associated replacement fees as expressed in these Terms of Use. Try-On dresses remain the property of DTD and does so until the dress is purchased by the customer. Try-Ons are for a strictly 2 day period only. The item/s must be returned via post bag provided on the second day. Should a dress want to be purchased and not returned, the customer must contact DTD before the 2 day try-on period has ended and make full payment for the item/s. Refer to Payment terms and late fees in these terms & conditions if customer fails to make payment of un-returned items. 

Email

We will use the information from your order to send you email marketing on occasion. We don’t however pass on any of your details including your email address to any other companies or corporations. You may opt out of receiving those emails by emailing hello@dresstheduchess.com.au and requesting to opt out.