Terms & Conditions
Agreement for the Rental and Return of Christmas Trees
These Terms and Conditions (“Agreement”) govern the hire of Christmas trees and related accessories (“Goods”) from Down South Christmas Hire (“we”, “us”, or “our”) to the customer (“you” or “your”). By placing an order for hire, you acknowledge and agree to be bound by these Terms and Conditions.
1. Definitions
Goods: The Christmas trees and any accessories or decorations provided for hire by Down South Christmas Hire
Hire Period: The period commencing on the date the Goods are delivered to you and concluding on the agreed collection or return date.
Hire Fee: The total amount payable for the hire of the Goods, as agreed at the time of booking.
Security Deposit: A refundable sum held by the Company as security against loss or damage to the Goods.
2. Booking and Payment
All orders must be made via our website, by telephone, or in person.
A booking is confirmed only upon receipt of the Hire Fee and Security Deposit in full, unless otherwise agreed in writing.
Payment methods accepted include cash, credit/debit card, paypal and direct debit.
Down South Christmas Hire is not registered for GST.
Any additional charges, including late fees or damage costs, will be deducted from the Security Deposit or invoiced to you as appropriate.
3. Delivery and Collection
Down South Christmas hire will deliver the goods to the address specified in your booking on the agreed delivery date and time window.
You are responsible for ensuring access to the property for delivery and collection at the agreed times.
Delivery and collection charges (if any) will be specified at the time of booking.
4. Condition and Use of Goods
Down South Christmas Hire will ensure that all Goods are delivered in good, usable, and presentable condition.
Upon delivery, you must inspect the Goods and notify Down South Christmas Hire immediately of any damage or defect.
You agree to take reasonable care of the Goods at all times and to use them only for their intended purpose.
Goods are not to be altered, dismantled, or decorated with items that may cause damage, unless prior written consent is obtained from Down South Christmas Hire.
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5. Customer Responsibilities
You are responsible for the care and safekeeping of the Goods during the Hire Period.
If the Goods are lost, stolen, or damaged (excluding reasonable wear and tear), you will be liable for the cost of repair or replacement, up to the full value of the Goods.
Any loss or damage must be reported to Down South Christmas Hire immediately.
You must not sub-hire, lend, or part with possession of the Goods to any third party.
The Goods must not be removed from the agreed premises without express permission.
6. Return and Collection of Goods
Down South Christmas Hire will collect the Goods at the end of the Hire Period on the agreed date and time.
You are responsible for ensuring that the Goods are accessible and ready for collection.
If you wish to extend the Hire Period, you must provide at least 48 hours’ notice and obtain written approval from Down South Christmas Hire. Additional Hire Fees may apply.
All decorations and accessories provided by Down South Christmas hire must be returned in good condition with the tree.
7. Security Deposit
A Security Deposit is required for all hires, payable at the time of booking.
The Deposit will be returned to you within 7 working days of the return or collection of the Goods, provided they are returned in acceptable condition and all fees have been settled.
Deductions may be made for late returns, loss, or damage to the Goods, or for any other outstanding charges.
If the cost of repairs or replacement exceeds the Security Deposit, you will be liable for the additional amount, payable within 7 days of notification.
8. Cancellations and Refunds
You may cancel your booking by giving no less than 7 days’ written notice prior to the delivery date for a full refund.
Cancellations made less than 7 days before the delivery date may be subject to a cancellation fee, as specified at the time of booking.
No refund will be given for cancellations made after delivery of the Goods.
The Company reserves the right to cancel any booking at any time and for any reason. In such cases, a full refund will be provided.
9. Returns
We strive for your complete satisfaction with every purchase.
If you are not happy, you may return eligible items within 14 days of the original purchase date for a full refund or exchange.
To be eligible, all returned products must be unused and in the same condition that you received them.
Please note that final sale items, gift cards, and personalized products are exempt from being returned or exchanged unless they are defective.
Customers are responsible for the return shipping costs unless the return is a result of our error (e.g., you received an incorrect or defective item).
To initiate a return, please email or contact our team with your order number.
10. Limitation of Liability
The Company will not be liable for any indirect, incidental, or consequential damages relating to the hire or use of the Goods.
Our liability for any claim arising out of or in connection with the hire of Goods is limited to the amount of the Hire Fee paid by you.
Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, fraud, or other liability that cannot be excluded by law.
11. Force Majeure
The Company will not be liable for failure or delay in performing its obligations if such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, adverse weather, transport disruptions, or government action.
If such circumstances occur, the Company will notify you as soon as reasonably possible and make reasonable efforts to fulfil its obligations as soon as possible.
12. Privacy and Data Protection
Your personal information will be collected, stored, and used in accordance with our Privacy Policy, which is available on request or via our website.
We will only use your data for the purposes of providing the hire service, processing payments, and communicating with you regarding your booking.
13. Governing Law
This Agreement shall be governed by the laws of the State of Western Australia in which Down South Christmas Hire is based.
Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts in Western Australia.
14. General
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The Company reserves the right to update or amend these Terms and Conditions at any time. Any changes will be communicated to you before they take effect.
This Agreement constitutes the entire understanding between you and Down South Christmas Hire Agreement regarding the hire of Goods, superseding all prior agreements, understandings, or representations.
If you have any questions or require clarification on any aspect of these Terms and Conditions, please contact Down South Christmas hire at sparkle@downsouthchristmashire.com.au or 0473 982 647.
By placing an order, you acknowledge that you have read, understood, and agree to these Terms and Conditions.