Terms and Conditions
Terms and Conditions – General
Acceptance of Terms and Conditions of Use
- Your access and use of this website is conditional on your acceptance of and compliance with the Terms & Conditions of Use.
- You shall be deemed to have agreed to the Terms & Conditions of Use by your continued use of and/or continued access to this website.
- The Happy Christmas Co. may amend the Terms & Conditions of Use at any time by posting amended terms and conditions of use on this website.
- Any amended Terms and Conditions of Use shall be deemed to be binding and effective immediately. Accordingly, you should periodically review the Terms & Conditions of Use. Any violation by you of the Terms & Conditions of Use shall result in immediate forfeiture of your right to use and access this website.
- The Happy Christmas Co. reserves the right to remove and amend products and prices on our website without notice.
- All content and design on the Happy Christmas Tree Co. website (excluding other professional content) is the exclusive copyright of The Happy Christmas Tree Co.
- “Equipment” means the items hired out by the Owner to the Hirer.
- “Hirer” means any person who requests the Owner to hire Equipment to it, including its employees and agents.
- “Owner” means Minny and Max Pty Ltd trading as ‘The Happy Christmas Company (Co.)’ ABN 191 683 717 11, its employees and agents.
- “Terms” means these terms and conditions.
We accept payment via PayPal, Mastercard, Visa and Direct Deposit. Funds received via Direct Deposit must be cleared a minimum of 3 working days prior to the scheduled delivery or appointment date. If payment is not received within this timeframe and the order has not been rescheduled, your order will be cancelled.
Credit Card Fraud
The Happy Christmas Co. will not be liable for any damages or subsequent losses (whether direct or indirect) beyond our responsibilities by law, suffered by a customer whose credit card is used in a fraudulent manner or without authorisation.
We respect the personal information you provide us and will not loan or sell your information to others. We respect the personal information you provide us. We do not forward, sell or pass on any information you may have provided to us, not withstanding any legal requirements to disclose such information. We use your information to process your order and to provide you with a more personalised service. We may send out special offers, or other information from time to time, however, if you do not wish to receive these email us at firstname.lastname@example.org and we will remove you from our mailing list.
We are happy to provide you with any information we have about you and we shall do so as soon as reasonably possible. All information received will be treated as strictly confidential.
PO Box 325
Clifton Hill VIC 3068
Terms and Conditions of Hire
- The price quoted for Equipment includes one instance of:
- Delivery on the date scheduled by the Owner; and
- Collection, on one occasion on one of the pre-set days after Christmas
- The Equipment may vary in appearance from the photo depicted on the product listing.
- The Owner agrees to hire the Equipment to the Hirer on these Terms and the terms of the booking. If there is any inconsistency, these Terms prevail.
- Upon termination of hire, the Owner is entitled to take possession of the Equipment immediately and for this purpose the Hirer irrevocably appoints the Owner as the Hirer’s agent and authorises the Owner to:
- enter upon any land or premises upon which the Equipment is situated or where the Owner has any reason to believe that the Equipment may be situated; and
- remove the Equipment whether or not it is aﬃxed to the land or premises connected to property or Equipment not owned by the Owner, in use by the Hirer or any other person or containing property not owned by the Owner, in use by the Hirer or any other person or containing property not owned by the Owner.
- if the Equipment is not ready for pick-up on the date the Owner has agreed beforehand to collect, the Hirer shall pay an additional charge of $59 for each unsuccessful attempt that that the Owner makes to collect.
- To pack up Equipment we require a minimum of 3m2 of clear floor space where the Equipment is located.
You can cancel your order without charge provided we receive written notice by midday 12 pm a minimum of two business days before your specified delivery date. If you cancel after this time but before delivery we will charge a $39 cancellation fee for costs incurred in the provision and cancellation of your order. If you cancel your order after delivery we will retain the full cost of your hire.
Changing your order before delivery
You may change the delivery date, or alter the specifications of your order provided we have notice by midday 12.00 pm a minimum of two business days before your specified delivery date. Changes to your order after this time but before delivery will incur a charge of $39.
Changing your order after delivery
If you wish to change your order after delivery we will charge a redelivery fee of $59 for undecorated trees or decorations, and $89 for decorated trees that have not yet been decorated. If the tree has been partially or completely decorated we will charge a fee of $129 for changing the decoration theme only. If the tree has been partially or completely decorated and the tree size or type needs to be changed, then we will consider this to be a cancellation of your original order and retain the full cost of the hire and charge you the full cost of any new order that you place. Changes to the tree size and decoration theme will be made as soon as practical after notification of the changes required. We cannot guarantee that the changes will happen on the same day.
Delivery not able to be made as requested
If we are unable to deliver your order to your premises as requested, an administration fee of $59 will be charged for trees or decorations, and $89 for decorated trees. Delivery will be re-scheduled at our convenience.
The Hirer’s Obligations
The Hirer will:
- Hire the Equipment at its own risk, and bear responsibility for the Equipment hired from the time of its delivery into the possession of the Hirer until collection by or return to the Owner;
- Where necessary be responsible to obtaining the necessary permission needed to install and use the Equipment.
- Upon installation or delivery of the Equipment, immediately examine the Equipment to satisfy itself as to its condition and suitability and ﬁtness for the purpose to which it requires the Equipment. In accepting the Equipment, the Hirer acknowledges that it has duly examined the Equipment and has satisﬁed itself as required. The Hirer acknowledges that it has not in any way relied upon the skill or judgement or any representation made by or on behalf of the Owner in respect of the Equipment, its purpose, suitability or performance. Should the Hirer alter its installation or delivery requirements prior to, during, or after installation or delivery, the Hirer is liable for all extra costs of the Owner’s employees and cartage;
- Keep the Equipment safe until collection;
- Must not move, replaced, alter, adjust or tamper with Equipment once installed;
- Must not sub-hire, part with possession or part with control of, the Equipment, without the Owner’s written permission.
- Assume the risk of and indemnify and hold the Owner harmless from and against any and all property damage and personal injury resulting from the use of the Equipment;
- Use the Equipment in a proper, safe and prudent manner and only for the purpose and capacity for which it was designed;
- If lights are installed on the Equipment they must be turned off when unsupervised;
- Comply with any written instructions given to the Hirer or accompanying the Equipment; and
- Ensure all Equipment is ready for collection by the Owner, and is readily accessible.
- The Hirer acknowledges that the Owner may inspect the Equipment at any time during the period of hire, whether notice of such inspection is given to the Hirer or not, and the Hirer shall provide all assistance and co-operation necessary to facilitate such inspection of the Equipment. The Hirer shall indemnify the Owner in relation to any action of trespass or any other action or claim against the Owner in the course of the Owner exercising its right to inspect the Equipment.
- The Hirer acknowledges that all property in and title to the Equipment at all times remains with the Owner, the Hirer does not acquire any property in or title to the Equipment and the Hirer’s interest in the Equipment is as bailee of the Owner only.
Loss of or Damage to Equipment
- If the Equipment is lost, breaks or is damaged, the Hirer must immediately notify the Owner of the details. Notiﬁcation shall not absolve the Hirer from its obligations under these Terms. In the event that the Equipment breaks down or becomes unsafe to use, the Hirer shall immediately stop using the Equipment and take all steps necessary to prevent the Equipment from sustaining any further damage. The Hirer must also take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment and must not repair or attempt to repair the Equipment. If the Equipment is lost or damaged and the loss of or damage to the Equipment is caused by the negligence or willful act or omission of the Hirer or the breach of any of these Terms by the Hirer, the Hirer shall without limitation be liable for;
- any costs incurred by the Owner in repairing or replacing the Equipment;
- hire charges for the Equipment until the Equipment is repaired or replaced; and
- any other costs whatsoever incurred or loss suﬀered by the Owner as a result of the damage to or loss of the Equipment.
Release and Indemnity
- The Hirer hereby releases the Owner from, and agrees to indemnify the Owner in respect of any third party claims, action, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer or the Hirer’s breach of any of these terms.
- Please note this is separate and distinct from insurance (refer clause 10). The Hirer agrees to pay a damage waiver to the Owner to cover any costs associated with any accidental damage to a particular item of Equipment, provided that the replacement cost and/or the cost of repairs to any Equipment which was damaged does not exceed 5% of the hiring fee for the particular item of Equipment. If the damage exceeds 5% of the hiring fee for the particular item of Equipment, then clause 7 shall apply. The damage waiver does not apply to or cover any other damage to or loss of Equipment including, without limitation:
- damage resulting from misuse, abuse or improper servicing of Equipment;
- damage or loss due to disappearance of the Equipment;
- damage caused by the use or operation of Equipment in contravention of any of these Terms; and
- damage to, or loss of, the Equipment from any unknown cause.
- The Hirer will maintain at its own expense all appropriate policies of insurance:
- for theft and damage to the Equipment hired in an amount not less than the full replacement cost of the Equipment; and
- for liability, property and casualty insurance coverage in amounts necessary to fully protect the Owner and its Equipment against all claims, loss or damage whatsoever.
Limitation of Liability
- To the full extent permitted by law, all warranties, conditions and guarantees that may otherwise apply or be implied are excluded and the Owner’s only obligation resulting from a breach by it or of any condition, warranty or guarantee that cannot be excluded is limited to replacing the Equipment or supplying Equipment similar to the Equipment, repairing the Equipment, paying the cost of replacing the Equipment or paying the cost of repairing the Equipment.
- These Terms create a security interest in favour of the Owner in the Equipment pursuant to the Personal Property Securities Act 2009 (Cth).
- The Hirer undertakes to immediately do such acts and provide such information as in the Owner’s opinion may be necessary or desirable to enable the Owner to perfect any security interest created or provided for by these Terms, as a perfected security interest with ﬁrst priority.
- To the fullest extent permitted by law, the Hirer waives any rights it may have now or in the future to receive a copy of any veriﬁcation statement or other conﬁrmation related to the interests created or provided for, or perfected in the manner contemplated by, these Terms.
- If the Owner is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, lockouts, ﬁres, riots, civil commotion or unrest, interference by civil or military authorities or act of war) the Owner may give written notice to that eﬀect to the Hirer, giving full particulars of such force majeure in which case the obligations of the Owner under these Terms shall, to the extent that they are aﬀected by the force majeure, be suspended during the term of the force majeure. The Owner shall not be liable for any loss or damage suﬀered by the Hirer as a result of any delays caused by such force majeure events.
These terms and conditions are governed by the Laws of Victoria and the Hirer and the Owner submit to the jurisdiction of the courts of that State.
The Hirer charges in favour of the Owner all its estate and interest in anland and in any other assets whether tangible or intangible in which the Hirer now has any legal or beneﬁcial interest or in which the Hirer may later acquire any such interest with payment of all monies owed by the Hirers and agree upon request in writing, to execute a registrable instrument transferring to the Owner, the Hirers estate and interest by way of security.
- If any of the Terms becomes void or unenforceable for any reason then that part will be severed from these Terms to the intent that all other parts that do not become void or unenforceable will remain in full force and eﬀect and be unaﬀected by any severance of other parts. Failure by the Owner to insist upon strict performance of any of these Terms, or to exercise in whole or in part any right that it may have under these Terms or at law, shall not be deemed to be a waiver of any rights that the Owner may have and shall not be deemed a waiver of any subsequent breach by the Hirer of any of these Terms.
Terms and Conditions – Gift Wrapping