T & CS / HIRE AGREEMENT

ACCEPTING THESE TERMS

Welcome to Duchess Designer Rentals! By accessing and using the Duchess Designer Rentals website at www.duchessdesignerrentals.com, you are accepting and consenting to the practices in these terms of use. Duchess Designer Rentals reserves the right to change these terms and conditions from time to time at its sole discretion.

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CLEARANCE SALE/ACCESSORIES

Items that are purchased to keep (i.e. not hired) are final and cannot be returned for a refund or exchange. 

Many of our Clearance Sale items are stored offsite and are therefore not available to be tried on at our Eltham warehouse. 

IMPORTANT: Please note Clearance Sale items will be shipped within 3-5 business days of order being placed. Orders placed between 22nd of December 2024 and 1st of January 2025 will be sent from 2nd of January 2025. 

Please note many of these dresses are ex-rentals, please email info@duchessdesignerrentals.com if you have any questions regarding the condition of a particular dress.

Any faults/damages must be reported within 2 business days of receiving the garment.

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DEFINTIIONS

This Terms of Service agreement (“Terms”) is between you (“you” or “your”) and Duchess Designer Rentals, Inc. (“we,” “our,” “us,” or “Duchess Designer Rentals”), and governs your access to and use of our website located at duchessdesignerrentals.com (and any successor site thereto) (the “Site”), our mobile application (the “App”) and related services, including Duchess Designer Rentals’ product rental and sale services (together with the Site, the App, and the Content (as defined below), the “Services”). These Terms also apply to in-person rentals and sales, which are part of the Services.

Please review these Terms carefully; by accessing or using any of the Services, including by creating an Account (as defined below), you acknowledge that you have read, understood, and agreed to be bound by these Terms.

These Terms are a legally binding contract between you and Duchess Designer Rentals. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. Under no circumstances may you access or use the Services if you are under thirteen (13) years old. Your access to and use of the Services in any way also means that you agree to all of these Terms, and these Terms will remain in effect while you access or use the Services. These Terms incorporate by reference any additional terms and conditions posted by Duchess Designer Rentals through the Site and/or the App, or otherwise made available to you by Duchess Designer Rentals (the “Additional Terms”), and you understand and agree that by accessing or using any of our Services, you agree to also comply with all Additional Terms.

EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN SUBCLAUSE (c) OF THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.

The Services are controlled or operated (or both) from the United States, and are not intended to subject Duchess Designer Rentals to any non-U.S. jurisdiction or law. You may not use the Services to rent or purchase Products outside of the United States. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Changes

We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services (including access to the Site via any third-party links). We encourage you to check our Site periodically for the most current Service offerings. Similarly, we may update the Content, including descriptions and specifications about Products or Services, and we reserve the right to remove any Content (as described below) at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in violation of these Terms), in our sole discretion, and without notice. Duchess Designer Rentals will have no liability for any change in the Services, or any suspension or termination of your access to Services.

We also reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site. The “Last Updated” legend above indicates when these Terms were last changed. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account. You are responsible for providing us with your current email address when you create an Account, and, if your email address changes, for updating your Account information to reflect your new email address. Your continued use of the Services, including by renting or purchasing Products (as defined below) from us, following any changes to these Terms will indicate your acknowledgment of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. If you don’t agree with the new Terms, you may no longer access or use the Services.

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Privacy

Your submission of information through the Services is governed by Duchess Designer Rentals’ Privacy Policy. To review the current Duchess Designer Rentals Privacy Policy, please click here.

Frequently Asked Questions

Please also refer to our online FAQ section for general information regarding our Services.

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ABOUT OUR SERVICES

How to Access Duchess Designer Rentals Services

As noted above, you must be 13 years or older to access or use the Services. To use the Services, you may be required to sign up for an account (your “Account”), select a password and username (your “Duchess Designer Rentals User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and up-to-date information, and to maintain and update such information. You may not select as your Duchess Designer Rentals User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. We may reject, or require that you change, any Duchess Designer Rentals User ID, password or other information that you provide to us in registering for an Account. You may not transfer your Account to anyone else without our prior written permission. You may only register one Account per Paid Service (as defined below).

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services operated by third parties (each, a “Third Party Account”), such as those offered by Google and Facebook. By using the Services through a Third Party Account, you authorize us to access information from such Third Party Account for use in connection with the Services.

You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of these Terms, any Additional Terms, or applicable law.

You may not share your Account (including your Duchess Designer Rentals User ID or password) with anyone, and you must protect the security of your Account (including your Duchess Designer Rentals User ID and password) and any other access tools or credentials. You’re solely responsible for any activity associated with your Account, including all charges incurred from use of the Services with your Account.

We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, or billing or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms.

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Cost of the Services

Duchess Designer Rentals may charge you to access and use certain parts of the Services (the “Paid Services”). We reserve the right to modify or waive fees required to use certain parts of the Services. You are solely responsible for: (i) the fee for any Paid Services that you order and that are not cancelled in accordance with our cancellation policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any late fees accrued by you due to late or lost items.

For more information about our Services, including pricing and fees and cancellation policies, please see our FAQ Section. Please note that any pricing, fees, and payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.

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Reserve

If you rent a Product through our Reserve Service, the rental fee (“Rental Fee”) will include rental coverage charges and shipping and delivery charges (as applicable) listed on the Reserve Service for your rental of the applicable Product, and you authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) the Rental Fee. Duchess Designer Rentals reserves the right to alter the Rental Fee or availability of any particular item at its discretion and without notice.

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Sales

If you purchase a Product through the Services, the purchase price for such Product (“Purchase Price”) will be equal to the purchase fee, applicable taxes and shipping and delivery charges listed on the Service for the applicable Product at the time of purchase. Duchess Designer Rentals, at its discretion and without notice, reserves the right to alter the price of a Product, the amount or availability of any discount, or the availability of any particular item. You authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) for the Purchase Price when you purchase Products and we will charge your Payment Method the amount of the Purchase Price. We do not make, and expressly disclaim, any warranties of any kind with respect to any Product that you purchase, and such Product is provided on an “AS IS” basis.

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Late Fees

If you do not return one or more Products (other than Products that you purchase) by the Product Return Date (see the “Returns and Lost Items” section below), you hereby authorize us (or our third-party payment processor) to charge your Payment Method non-refundable late fees for the days that we do not receive every Product that comprises such order, up to the full Original Retail or Comparable Value of the Products (the “Maximum Late Fee” unless otherwise specified in the corresponding FAQ Section(s)) not returned to us plus applicable sales tax. Please see our FAQ Section for the applicable Product Return Dates and the current late fees charged for each day that a Product is not returned.

If you are charged by Duchess Designer Rentals, and pay the Maximum Late Fee for a Product pursuant to this “Late Fees” section and as described in the corresponding FAQ Section(s), you are permitted to retain the Product; however, we do not make, and expressly disclaim, any warranties of any kind with respect to the Product, and the Product is provided to you on an “AS IS” basis. For the avoidance of doubt, this “Late Fees” section shall not apply to the Rental Fee, or fees paid or payable by you for the non-return of Return Packaging (as defined below), each of which will be charged separately from, and in addition to, any late fees. Additionally, late fees will not apply to any Products ordered using the Membership Services, unless you Cancel or Pause your Membership Services. Payment of any late fees does not excuse your breach of these Terms.

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Duchess Designer Rentals Packaging

With the delivery of a Product, Duchess Designer Rentals will provide you with pre-paid, pre-addressed packaging that you can use to return the Product (“Return Packaging”), as well as instructions for returning the Product to Duchess Designer Rentals. You may not keep, sell, or transfer (other than to us) any Duchess Designer Rentals-branded garment bags, accessory bags, and accessory boxes (“Duchess Designer Rentals Packaging”) that we provide to you. If the Duchess Designer Rentals Packaging is not returned prior to the earlier of (i) sixty (60) days after the return of the associated Product or (ii) the termination, cancellation, or expiration of your Account or Paid Services, you hereby authorize us (or our third-party payment processor) to charge your Payment Method a non-refundable non-return fee for each garment bag, accessory bag, and/or accessory box that is not returned to us. After we charge your Payment Method for the Duchess Designer Rentals Packaging that you did not return, you are permitted to retain such Duchess Designer Rentals Packaging; however, we do not make, and expressly disclaim, any warranties of any kind with respect to such Duchess Designer Rentals Packaging, and the Duchess Designer Rentals Packaging is provided to you on an “AS IS” basis. Please see our FAQ Section for the current amount we charge for non-return fees (including for garment bags, accessory bags, and accessory boxes).

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Other Terms Related to Products and Services

Use of the Products

You agree to treat the Products with great 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, rips, 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 authorize 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.

 

Product and Service Descriptions

Duchess Designer Rentals may, in our sole discretion, provide listings, descriptions, or images of Products that are available on the Services, as well as references and links to Products, but we do not warrant that the Product listings, descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products will be available, even if noted as so on our Services. Such information and the availability of any Product are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer (including a smartphone or similar device) will accurately display such colors. The prices displayed for Products and Services are quoted in U.S. dollars, unless otherwise indicated. Prices and availability for Products on our Reserve Service are not confirmed until the applicable Products are shipped; if the actual price of such a Product is higher than our stated price, or if the Product is no longer available, we will contact you for instructions before shipping or cancel your order and notify you of such cancellation. The availability through the Services of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product.

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Price Comparisons

For most Products, Duchess Designer Rentals will list a higher reference price in conjunction with the lower price at which customers can rent or purchase the Product. We use these pricing terms online:

“Original Retail” for brand-name items: Brand-name items are typically in excellent condition but have been worn by other Duchess Designer Rentals members. The “Original Retail” price shown next to any brand-name item is the price at which the manufacturer suggested that retailers in the marketplace, including at department stores and specialty retailers, sell the item in new condition. Pricing is not a science, and unlike traditional retailers, items tend to stay on our site for multiple seasons. We therefore cannot guarantee that this price reflects the item’s prevailing market price at any given time in any given geographic region. If this price is an important factor in your purchasing or renting decisions, we encourage you to conduct your own research and comparison shopping.

“Comparable Value” for exclusive items: Exclusive items are typically in excellent condition but have been worn by other Duchess Designer Rentals members. Items listed with “Comparable Value” pricing are part of exclusive clothing lines created just for Duchess Designer Rentals, but may also be sold by other retailers. The Comparable Value price is based on an evaluation of prices for new comparable merchandise sold elsewhere in the marketplace. While pricing is not a science, our Comparable Value comparison prices are based on input from our manufacturer and, in some cases, the product designers, and are reviewed by our experienced team of buyers. Unlike traditional retailers, items tend to stay on our site for multiple seasons. We therefore cannot guarantee that this price reflects the prevailing market price at any given time in any given geographic region for similar items. If this price is an important factor in your purchasing or renting decisions, we encourage you to conduct your own research and comparison shopping.

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Duchess Designer Rentals Purchase Price:

The purchase price we offer (aka the “to buy” price) is dynamic and based on sophisticated algorithms that consider a broad range of factors, including item-specific rental history, customer trends, the impact of removing an item from rental circulation, and members’ past shopping and purchase history. Generally, any single factor cannot be used to explain the direction or magnitude of a price change.

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Delivery

You must provide Duchess Designer Rentals 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. Please see our FAQ Section for more information regarding deliveries.

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Returns and Lost Items

Returning Purchased Products: Certain purchased Products may be eligible for return, subject to a restocking fee, as will be indicated on our Site and App prior to purchase. To return eligible Products, please see our Return Policy, which is incorporated by reference herein. Such Products must be returned within 7 days of delivery in the same condition in which they arrived to be eligible for a refund. Purchases of Products are intended for personal use by our customers. If we notice an unusual pattern of returns activity, we may terminate or suspend your Account, charge your Payment Method the Original Retail or Comparable Value price of the Product, and/or take other legal action. Purchased Products marked as Final Sale are not eligible for return.

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Returning Rented Products:

You agree to return each Product (other than Products that you purchase) to Duchess Designer Rentals by the return date for such Product identified in your online account, immediately when you “mark” an item 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. Products ordered using the 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.

Lost Items: We are not responsible for any personal or other items left in the Products or which are returned to Duchess Designer Rentals in the Return Packaging. If you believe you have accidentally or otherwise sent any such items to us, please contact customer service as soon as possible at mailto:help@duchessdesignerrentals.com. We may, but are not required to, assist you in attempting to locate such items at your request, and we assume no responsibility or liability if we attempt to locate such items. 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.

Drop-Off Locations: If you are returning a Product using a return scanner at a DDR Drop-Off Location, once a Product has been scanned into a kiosk return scanner, you have marked the Product as “returning,” and you must immediately deposit the Product in the return bin provided. Failure to immediately deposit a Product in the return bin at the self-service kiosk at the time that it is scanned into the kiosk 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.

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Returning by Mail:

If you use the Return Packaging that we provide, you must use the shipping carrier specified on the pre-paid shipping label included with the Return Packaging. Duchess Designer Rentals will not be responsible for loss, theft, or damage to Products that are shipped back to us using any carrier other than the carrier that is specified on our Return Packaging and/or the return label provided for the return of a purchased product (“Return Label”), or for any fees or expenses that you incur due to delays in Duchess Designer Rentals receiving the Product. Duchess Designer Rentals does not ship Products outside of the United States, and you may not return Products to us from outside of the United States without our prior written permission.

In the event that you lose or damage the Return Packaging that we provide, you will be responsible for returning the Product to us in your own packaging, at your own expense. Furthermore, you acknowledge that using any packaging or shipping carriers other than our Return Packaging and the carrier specified thereon may result in delivery delays and additional delivery fees for which Duchess Designer Rentals will not be liable. You will be solely liable for all such delays, Late Fees, additional delivery fees, and any damage to Products.

Duchess Designer Rentals Partners

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Duchess Designer Rentals: Cleaning

Professional cleaning is included in your hire, and you agree not to clean, alter, or iron/press the garment(s) unless otherwise arranged. All garments are professionally steamed before shipping, but they may become creased in transit. Some fabrics are more prone to wrinkles; if your dress arrives with slight creases, please steam it on low heat or hang it in a steamy bathroom to remove the wrinkles. For further assistance, email info@duchessdesignerrentals.com.

Duchess Designer Rentals 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 before your rental.

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Damaged/Soiled/Replacement Garment

You agree to treat our products with the utmost care. We offer free damage insurance up to $100 to cover minor damage. If Duchess Designer Rentals assesses (at its sole discretion) that the cost of repairs exceeds $100, you will be required to pay the difference (e.g., if the repair cost is $150, you will need to pay $50). If the dress is deemed irreparable, you will be charged the full replacement value as listed on our website. Dresses deemed irreparable are not covered by the $100 insurance.

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Late Fee Policy

You agree to return your product by 4pm on the return date (or the next business day if the return date falls on a Sunday or public holiday) using the prepaid return envelope provided. Late returns will incur a $30 late fee for each day up to 200% of the retail value of the dress as indicated on our website. If you do not return your product within 20 days of the return date, it will be considered a non-return, and you will be charged 200% of the retail value of the item(s). If you lose your packaging, you must return the item(s) to Duchess Designer Rentals within one business day of the return date at your own expense and provide a tracking number. Duchess Designer Rentals will not be held liable for products that 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) and have them scanned over the counter as proof of lodgment, you will not be responsible for late fees, provided the item(s) are lodged by 4pm on your return date (or the next business day if the return date falls on a Sunday or public holiday). If you post your item(s) via an Australia Post box, you will be charged $30 for each day the dress is received after one business day of your return date.

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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, without limitation, attorney and collection fees. Duchess Designer Rentals reserves the right to terminate your right to rent products from us at any time at our discretion should you breach this agreement or for any other reason.

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Billing and Payments

How Payments Work

When you place a rental order for a Product, you hereby authorize Duchess Designer Rentals to charge your payment card or other payment instrument (“Payment Method”) for the Rental Fee. You must ensure that at all times your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to Duchess Designer Rentals and notifying Duchess Designer Rentals of any changes to such information. Duchess Designer Rentals will charge your Payment Method the amount of the Rental Fee immediately upon your rental order. A reservation of a Product through the Services is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize Duchess Designer Rentals to charge your Payment Method for an amount up to the Original Retail or Comparable Value price of the Product set forth on the applicable Service plus applicable sales taxes; provided that Duchess Designer Rentals will only charge your Payment Method for an amount that is greater than the Rental Fee as described in these Terms. Rental Fees exclude all federal, state, and local taxes, goods and service tax, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by you directly or, if paid by Duchess Designer Rentals, shall be paid by you to Duchess Designer Rentals in connection with your rental order.

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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 but more than seven (7) days in advance of the delivery date, you will not receive any refund, but you will receive a credit note for the Hire Fee associated with the cancelled order. This credit can be applied to any future hires placed within 12 months of the cancellation date.
iii. If you cancel seven (7) or fewer days in advance of the delivery date, you will receive a credit note for the Hire Fee associated with the cancelled order, minus the postage cost and a cancellation fee of $10.95

*All orders placed using AfterPay will incur a $10.95 cancellation fee.*

Cancellations will not be accepted on days where their is a sale or a promo offer. 

Use of Duchess Designer Rentals Products

You agree to treat our products like you would your own. You will treat the garment with the utmost of care. You will not attempt to fit into a dress that is too small for you, you will not try and zip up a dress that is too tight and therefore damage the zip. All zips are inspected prior to sending the garment out and damaged zips will not be covered by our insurance. Therefore if you damage a zip you will be required to pay for the repair.

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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 detail including your email address to any other companies or corporations. You may opt out of receiving those emails by emailing info@duchessdesignerrentlas.com