Our Terms & conditions of hire.
Section 1: General Terms & Conditions
1. D E F I N I T I O N S
- “Company” is Misuli’s Collections Pty Ltd trading as The Festive Store.
- “Client” refers to the person, firm or corporation purchasing or hiring Products from the
- “Custom Order” has the meaning set out in clause 7(a);
- “Delivery” has the meaning set out in clause 2(d);
- “Hired Products” means the Products hired by the Client;
- “Quote” means the written confirmation by the Company to the Client of the Products purchased or hired by the Client, the price, the location for installation (if any); estimated delivery times and the period for hire (if any);
- “Product” means all the products, props, decorations, equipment and accessories supplied to the Client for sale or
- “Site” means the location of the installation of the Products;
- “Terms” means these Terms and Conditions of Sale and / or Hire.
2. P R O V I S I O N O F P R O D U C T S
- Products will be supplied using reasonable care and skill.
- All Product (e.g. Trees, props and decorations) sizes and proportions on the website or catalogue are approximate.. The Company makes no warranties or representations that the Customer’s order will exactly replicate images on the Company website and catalogue.
- The Company reserves the right to remove and amend products, and prices on the website and / or in catalogues, as necessary, and without If the Client has placed an order and amendments are made to the products, website or catalogue before delivery, prices and delivery will occur in accordance with the order.
- Delivery occurs when the Client collects the Products from the Company’s warehouse or when the Company or its agent delivers the Products to the Site.
- Estimated times for Delivery are made with the best intention and are in no form binding upon the Company and are not a contractual obligation.
- The Client accepts all risk in the Products on and from Delivery
- All Products must only be used for their intended In most cases Products are intended for decorative uses only.
- The Company accepts no responsibility for any loss or damage whatsoever suffered by the Client or any third party, arising from or relating to the Products if the Products have been modified in any way from the condition in which they were delivered.
- The Company accepts no responsibility if the Products are used in any way other than the use for which they were supplied.
- All Products listed on the Company websites and catalogues are subject to availability.
3. P R I C I N G
- The Company reserves the right to amend prices on the website and / or in catalogues without notice.
- The Company reserves the right to increase a quoted price in the event that the Client requests a variation to the work agreed.
4. P R O D U C T W A R R A N T I E S
- The Company’s Product warranty will cover against defective workmanship and materials or Products damaged by the Company during installation.
- The Company’s Product warranty does not cover normal wear and tear or damage caused by the Client or the general
- Some Products require maintenance over time to ensure that stay in good This maintenance work is not considered a Product warranty issue. The Company may offer information about maintenance of the Products but accepts no liability for any damage to the Products occurring during or by maintenance.
- To the extent permitted by law, the liability of the Company for a defective Product is limited to repairing, or replacement of the Product at the discretion of the Company and a refund if the Product cannot, in the opinion of the Company, be repaired or replaced.
5. T H E P R O D U C T W A R R A N T I E S O F F E R E D F O R K E Y P R O D U C T T Y P E S A R E L I S T E D B E L O W :
- In this clause, a Christmas Season means 1 October to 31 January.
- The warranty period for Christmas Products is:
- Three Christmas seasons – greenery (Trees, Wreaths, Garlands)
- Two Christmas seasons – Fiberglass props, LED shapes (when used inside), Santa Set components including thrones, decorations used internally, wooden boxes for
- One Christmas season – Decorations used externally, All LED lights (used internally and externally), Solar lights
- The warranty for Non- Christmas Products is:
- 3 years on fiberglass props
6. P A Y M E N T
- All payments are required prior to delivery for purchased For Installation and / or Hire Projects, 50% is required prior to delivery, with the remainder due within 7 days after Delivery.
- The Company reserves the right to require a deposit for limited stock Products and / or Custom orders
- Payment must be made by credit card, bank transfer or cash. Payments made by credit card will incur a 1.50% surcharge fee and will be added on to the final invoice upon indication of this method of payment
- The Company reserves the right to charge late payment fees and interest charges in the event the payment is not received by the required date. Interest of up to 10% per month is chargeable on overdue accounts. Should payment in full not be paid within 60 days of the required date, 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 Client.
7. C U S T O M O R D E R S
- A Custom Order is any made-to-order Product.
- For any Custom Order, the Company requires a 50% deposit prior to the commencement of final design and build.
- Products supplied pursuant to a Custom Orders supplied are not refundable.
- Once production commences, there may be slight variations to the images or artist’s impressions presented, on scale / size, colour and finish.
- Any alterations requested by the Client once the design has been agreed may incur additional charges.
8. D E L I V E R Y, RETURNS AND REFUNDS
- The Client shall inspect the Products upon delivery, and within 48 hours notify the Company in writing of any damage, error or issue with any Product (Damaged Product).
- On notification by the Client of Damaged Product, the Company will at its discretion, replace the Damaged Product, repair the Damaged Product or refund the cost of the Damaged Product. In the case of replacement or refund of the cost of the Damaged Product, ownership of the Damaged Product transfers back to the Company and the Company may collect the Product on reasonable notice to the Client. Until collection by the Company, the Client must keep the Damaged Product away from the general public and must not use it.
- The Company accepts no responsibility or liability for damage or loss occurring during transportation to the Site, where the Client arranges their own freight provider.
9. C O N F I D E N T I A L I T Y
- Clients shall not disclose to any third party any information or material of a commercial in confidence nature (including but limited to concept design and drawings, work plan and work quotes) relating to the Company or the Company’s business which they take possession of in the course of business with the Company without written permission from the Company.
10. F O R C E M A J E U R E
- For the purpose of this clause, “Force Majeure” means an event or circumstance beyond the reasonable control of a party, including, but not limited to, acts of god, change in government direction, order or law which makes use of the Products illegal, epidemic, pandemic, war, rain, hail, wind, fire, explosion, civil disobedience, legislation not in force at the date of this Agreement or labour Neither the Company nor the Client will breach this agreement and each party will not be liable to the other party for delay or failure to perform its obligation under this agreement due to Force Majeure. The Company may give written notice to the Client, giving full particulars of such Force Majeure.
- The Company shall not be liable for any indirect or consequential losses or expenses suffered by the Client, including but not limited to, loss of turnover, profits, business or goodwill or any liability to any other party or for any loss or damage suffered by the Client as a result of any delays caused by such Force Majeure events.
11. J U R I S T R I C T I O N
- These terms and conditions are governed by the Laws of Victoria and the Client and the Company submit to the jurisdiction of the courts of the State.
Section 2: Additional Terms & Conditions for installation (and dismantling) projects.
12. I N S T A L L A T I O N
- The Client agrees to ensure that the Site will be clear of all obstructions and allow the Company to erect, install or place the Products safely.
- The Client shall solely be responsible to ensure the foundations, base, scaffold or structure upon which the installation is to be erected are sufficiently secure, firm, strong and otherwise suitable to safely carry the installation .
- The Client must ensure that 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, at the Site, are in place.
- The Company reserves its right to refuse to install if the supporting structure or the Site, in the opinion of the Company, is not suitable for installation.
- An additional charge may apply if the install team experience unacceptable delays due to circumstance beyond their control team being refused access (security issues), Client equipment or plant not being available or fully operable, no power source and or rain/weather delays. This charge will consist of labour or equipment charge at the standard rate of $80 per hour.
- Requests for call-outs to return to the work site location for adjustments not related to faulty Product will be charged at the standard rate $80 per hour
- For safety reasons, the Client may need to install fixing points, power sources or make other safety provisions. The Company does not accept liability for any works carried out by other contractors.
- In the event that the Company incurs or suffers any loss, cost or damages as a consequence of the Clients’ failure to carry out its obligations under these terms, the Client shall be solely responsible and shall indemnify the Company for any such loss, costs or damages
- The Client is liable for all injury, loss or damage suffered by the Company, its employees or agents while at the work site.
- If the Client has any concerns about the safety of the Products they are to discuss with the Company additional security, fencing or tying on of decorations to avoid potential loss, before allowing access of the general public to the Site.
13. S A F E T Y
- The Company adheres to the law of the relevant Occupational Health and Safety Acts of Victoria
- The Client is to ensure adequate safety measures are adopted at the Site and in access routes to the Site, when necessary.
- The Client 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 equipment made by any person other than an employee of the Company.
14. L O C A L A U T H O R I T I E S
- The Client 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.
15. P R O D U C T U S A G E
- The Client acknowledges that he/she has received adequate instruction on the correct use of the Products, which includes demonstration or verbal or written
16. C A N C E L L A T I O N O F I N S T A L L A T I O N ( I N C L D U I N G H I R E )
- For Christmas Product hire, the Client must give notice of not less than 7 days in writing of any cancellation or reduction in item quantities or change delivery date, before 1 November.
- Cancellation prior to 1 November will result in forfeiture of any deposits paid.
- Subject to clause 11, cancellation after 1 November requires payment of 100% of the contracted price.
- The Company will allow change in delivery date or location at its discretion and subject to availability of Products.
- If the Company does not deliver in accordance with the contracted delivery date, the price of the Products or Hire Charge will be reduced 10%. The Company has no liability for consequential loss or damages of any kind arising out of late delivery or non-delivery.
- If the Client’s premises are closed due to government imposed restrictions arising from theCOVID-19 pandemic, the Company and Client can agree a new date of installation within 10 days of the agreed installation date, no penalty will apply.
Section 3: Additional Terms & Conditions for Product Hire Projects
17. C O N D I T I O N S O F H I R E
- The hiring of the Products will commence from the commencement date specified in the Quote.
- The hired Products remains the property of the Company at all times.
- The Client is entitled to use the hired Products for the hire period. Any extension of the period must be requested in writing by the Client prior to the end of the existing hire period and the Company may withhold its consent at its discretion.
- All hired Products are hired in good repair and condition when delivered. Any damage must be recorded and communicated to the Company immediately the Client becomes aware of the damage.
- The Client shall not remove the hire Products or any part thereof from the situation and position of its installation without consent from the
- The hire Product may not be moved, altered, have decorations added or removed at any For the avoidance of doubt, spraying of Christmas trees and other Products with fake snow, streamers, powder, sugar or any other additions is strictly forbidden and the Client will be liable for the cost of replacement of impacted Products in full.
- The Client agrees not to use the hire Product at locations or for purposes different to the hire Products’ general designated purpose and specified suitability (such as indoor versus outdoor use).
- The Client must allow any Company’s representative access to the goods at all reasonable The goods shall be returned in a reasonably clean condition or a cleaning fee may apply.
- By making a booking through confirming a quote, the Client acknowledges and agrees to the Company’s Terms and Conditions.
18. D A M A G E
- The Client is responsible for the hired Products, and security thereof, from the time of delivery until collection by the Company and shall pay for all Product damage or loss however caused during that period. The cost to replace / repair hired Products will be determined solely by the Company and is not The payment for Product loss and damage by the Client, does not transfer ownership of the lost or damaged Products to the Client.
- In the event of hired Products being stolen from the hire work site, the Client shall notify the Company in writing stating the full circumstances of the Until the Company receives such notification, the hiring charges will continue.
- The Client shall protect the hired Products from the elements during the time of delivery, use, storage or waiting period before pick-up.
- Any damage to hired Products caused by fusion or malfunction of electrical equipment is the Client’s liability and the Client must take adequate
- The Client shall maintain at its expense liability, property and casualty insurance coverage in amount necessary to fully protect the Company and its Products against all claims, loss or damage of whatever nature or type.
- The Company shall not be liable for any loss or damage caused to any person, property, animal or things whatsoever arising from the use of the hired Products and the Client indemnifies the Company in respect to any claims for such loss or damage.
- Any person signing the documents for and on behalf of the Client hereby covenants with the Company that he or she has the authority of the Client to make this agreement on the Client’s behalf and is empowered by the Client to bind the Client to this agreement and hereby indemnifies the Company against all losses and cost incurred by the Company arising out of the person signing this agreement failing to have such power and/or authority. Where the Client is more than one person liability shall be joint.
19. P A Y M E N T – A D D I T I O N A L C L A U S E S F O R H I R E P R O J E C T S
- Any hired Products not returned on time and in accordance with this agreement will be subject to a continuance of the agreed rental until return is complete.
- If after commencement of the hire period any specification changes are requested by the Client, the cost of such changes will be borne by the Client.
- Payment for hired Products for all orders containing custom built or special purchase Products require full payment at point of quote acceptance in order to commence manufacture or buying process.a. For Christmas Product hire, the Client must give notice of not less than 7 in writing of any cancellation or reduction in item quantities or change delivery date, before 1 November.
b. Cancellation prior to 1 November will result in forfeiture of any deposits paid.
c. Subject to clause 11, cancellation after 1 November requires payment of 100% of the contracted price.
d. The Company will allow change in delivery date or location at its discretion and subject to availability of Products.
e. If the Company does not deliver in accordance with the contracted delivery date, the price of the Products or Hire Charge will be reduced 10%. The Company has no liability for consequential loss or damages of any kind arising out of late delivery or non-delivery.
f. If the Client’s premises are closed due to government imposed restrictions arising from theCOVID-19 pandemic, the Company and Client can agree a new date of installation within 10 days of the agreed installation date, no penalty will apply.
Information is collected when you order online with us, or request a catalogue or information from us. Information collected includes:
- Your contact name and phone number
- Your delivery address
- your payment details
- activity details of purchases, preferences and interactions
- Details of your communications and interactions with us