- Terms of hire
The hiring of the decorations will commence from the commencement date specified and continue for the term specified. The hirer is entitled to use the decorations for the agreed hire period. Any extension of the period must be agreed to by Misuli’s Collections PTY LTD (trading as the Festive store).
The customer agrees to pay The Festive store the hire fee specified for the decorations for the hire period including any applicable GST, freight and other charges relevant to this agreement. The required fees must be paid to The Festive store prior to the commencement date of the hire period. Decorations not returned on time and in accordance with this agreement will be subject to a continuance of the agreed hire until return is complete.Payment for hire of goods must be made by
- 50% of the agreed hire price upon one month prior to the agreed delivery date; and
- the balance of the agreed hire price made 7 days after the delivery of the decorations/trees.
The company reserves the right to charge interest up to 10% per month on overdue accounts. Should payment in full not be paid within 60 days, legal action may be taken to recover the debt owing without further notice & all credit facilities will be closed. Any expenses, costs or disbursements incurred by the company in recovering any outstanding monies including dishonoured cheques, debt collection agency fees and solicitor’s costs shall be paid by the customer.
The Festive store accepts the following payment forms:
- Credit card (Amex, Visa & MasterCard) – charges apply
Payments made by Credit Card will incur a 1.5% surcharge fee and will be added on to the final invoice.
- Cancellation and variation of hire agreements
Cancellation one week or less prior to the hire date will incur a cancellation fee of 50% of the total contract price. Cancellation within forty-eight (48) hours of the hire will incur a cancellation fee of 100% of the total contract price. The Festive store requires notice in writing.
- Additional decorations and installations
If after commencement of the hire by the company any specification changes are requested, the cost of such changes will be borne by the customer.
- Extended hire
The customer must return, or make available, all decorations when they are due back. A continuing hire fee will be charged for all decorations not returned to the company when it is due back. Costs will be charged to the customer at the standard weekly rate of hire, until the decorations have been returned to the company. The customer shall give appropriate notice in writing to the company if any extension or termination of the hire is requested. No refunds will be issued for the early return of the decorations on extended hire.
Availability of decorations to meet each order is subject to the timing of that order. Every endeavour will be made to complete delivery within the period stated but no liability can be accepted in regard thereto. Unless otherwise stated the company will not accept cancellation of an order due to late delivery, nor shall it be liable for consequential damages of any kind arising out of late delivery or non-delivery. Where it has been agreed between the company and the customer that decorations are to be delivered to an address specified by the customer the same shall be available to be picked up at the specified date arranged at the address on the last day of the hire period. Where the customer has accepted delivery at the premises of the company, all decorations hired shall be returned to those premises by the time arranged on the last day of the hire period. In the event that the decorations are not available to be picked up by the arranged time on the last day of the hire period or has not been returned to the premises by close of business on the last day of hire, the company must be notified immediately.
- Site approval
The customer shall be responsible for giving any local or other authorities any necessary notice of their intention to erect the installation or to have the installation erected and shall pay all fees in connection therewith. The customer shall solely be responsible to ensure that the site is cleared and ready for the erection of the installation and that the foundations upon which the installation t is to be erected are sufficiently firm and otherwise suitable to safety carry the installation load to be put on it without subsidence. In the event that the company incurs or suffers any loss, cost or damages as a consequence of the customers failure to carry out its obligations under these terms the customer shall be solely responsible and shall indemnify the company for any such loss, costs or damages.
- Misuse of decorations
The company shall not be liable for any loss or damages arising out of the overloading, exceeding rated capacity, misuse, or abuse of the installation by the customer and the customer agrees to keep the company indemnified in respect thereof.
The customer is responsible for the security of the installment until such time as it is returned to or collected by the company. In the event of the decorations being stolen from the installation site, the hirer shall notify the company in writing stating the full circumstances of the theft and the time the police were notified. Until the company receives such notification, the hiring charges will continue. The customer shall also indemnify the company for any such loss of the decorations at the current replacement cost of the decorations, and must pay that cost to the company on demand.
The customer must ensure that there is provided lighting, waterproofing, safe power supply, public protection, covering of power lines and such facilities as might be considered necessary for the requirement of authorities or in the interest of safety.
- Access to site
The Hirer must allow any The Festive store representative access to the decorations at all reasonable times. The Hirer must provide safe and proper access to and at the site. Extra charges may be payable for delivery to and removal from higher or lower levels, and sites outside of the metropolitan Melbourne area. The Festive store agrees to complete any necessary inductions and safety briefings for safe access to the site.
- Public Liability
The company shall not, in any event, be liable for contingent, consequential, indirect, special, punitive or any other similar damages, howsoever caused, for any damage, injury or loss, whether arising under breach of contract, negligence (commission, omission or advice), and strict liability or otherwise. All warranties by the company to the customer are excluded, to the full extent permitted by law. The liability of the company resulting from a breach of any warranty unable to be excluded by law is strictly limited to the resupply of the decorations to the customer or the repair of the decorations supplied to the customer.
The Festive store has public liability insurance to the value of $20,000,000. This covers The Festive store employees and installations in our warehouse and customer’s premises in the event of proven negligence.
The company adheres to the law of the relevant Occupational Health and Safety Acts of VIC. The customer is to ensure adequate safety measures are adopted when necessary. The customer will make any inspections to ensure that there are no breaches of safety requirements at the site whether imposed by authority or otherwise; and that all works are performed according to relevant safety codes, standards and manufacturer’s specifications; and that there are no alterations or modifications to any decorations made by any person other than an employee of the company.
The decorations the customer hires and The Festive store delivers remains the property of the Festive store at all times. The decorations may not be moved, altered, have decorations added or removed at any time. Any major damage to decorations and/or Christmas tree after set up will need to be reimbursed by the customer.
If the customer has any concerns about the safety of the hired decorations they are to discuss with The Festive store additional security, fencing or tying on of decorations to avoid potential loss.
Spraying of the tree with fake snow, streamers, powder, sugar or any other additions is strictly forbidden and will require the tree to be replaced in full. The tree cost is set by The Festive store own supplier and is not negotiable.
- Electrical damage
Any damage to the decorations caused by fusion or malfunction of electrical equipment is the customer’s liability and the customer must take adequate precautions.
The decorations must be returned in a clean state by the customer. All catering decorations including cutlery, crockery and glassware is to be rinsed with all excess food stuffs removed. Installations returned heavily soiled will incur a charge to the customer.
- Governing Laws and venue
This Contract will be governed and constructed in accordance with the laws of the state of VIC, the parties submit to the jurisdiction of the Courts of that state for determination of any dispute claim or demand arising out of these Terms and Conditions.
The Festive store reserves the right to remove and amend products and prices on the website without notice. All content and design on The Festive store website is the exclusive copyright of The Festive store.
All decoration sizes are approximate. Colours and specific decorations may vary from those shown in the images. Any hanging decorations used will be collated to form a themed look for the customer. The Festive store cannot specify the exact decorations used for the customer’s tree and greenery unless a specific custom look has been planned and agreed upon.
- Terms of hire