By making payment you are agreeing to the following terms & conditions
This website is operated by Daintea. Throughout the site, the terms “we”, “us” and “our” refer to Daintea. Daintea offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Section 1. DEFINITIONS
(a) The “Owner” is Daintea.
(b) The “Client” refers to the person, firm or corporation booking an event or hiring equipment from the Owner.
(c) The “Equipment” means all the equipment and accessories supplied to the client.
(d) “Terms” means these Terms and Conditions.
(e) “Booking” refers to the goods or services agreed between the Owner and Client.
Section 2. CONDITIONS OF BOOKING & HIRE
(a) All quotes are valid for 30 (thirty) days from the date quote was provided. After this, a new quote will be issued and any special offers or discounts may be forfeited at the Owners discretion.
(b) The hiring of the equipment will commence from the commencement date specified on your invoice and continue for the term specified. The client is entitled to use the equipment for the hire period. Any extension of the period must be agreed to by Daintea otherwise additional fees will be incurred.
(c) The client acknowledges that he/she has received adequate instruction on the correct use of the equipment, which includes demonstration or verbal or written instructions.
(d) The client agrees not to use the equipment at locations or purposes different to the equipment’s general designated purpose and specified suitability (such as indoor versus outdoor use).
(e) The client acknowledges responsibility for the equipment and is liable for any damage.
Section 3. PAYMENT
(a) A non-refundable deposit of 20% (twenty percent) is required for all services to secure the date/booking.
(b) Remaining balance must be paid 1 (one) week prior to event/delivery of goods. Payment must be made by credit card, bank transfer or cash.
(c) By making payment you are agreeing to the terms and agree to pay Daintea the fee specified for the goods or services for the stated period including any applicable GST, stamp duties, penalties, levies or freight and other charges relevant to this agreement.
(d) Equipment not returned on time and in accordance with this agreement will be subject to a continuance of the agreed rental until return is complete.
(e) For bookings requiring the client to hire equipment from or sourced by Daintea; credit card security details must be provided at the time of order placement. An order will not be confirmed until and unless credit card security details are endorsed and supplied to the Owner. No payment will be taken from the given credit card unless damage is made to items or they are not returned.
(f) All orders placed less than 2 (two) weeks from delivery/event require full payment to confirm the booking.
(g) All prices of Daintea products and services are in Australian Dollars (AUD).
Section 4. DELIVERY & COLLECTION
(a) The equipment shall be returned in a reasonably clean, but not necessarily sterile state or a cleaning fee may apply.
(b) The Client must allow any Daintea representative access to the goods/ equipment at all reasonable times.
(c) The Client must provide safe and proper access to and at the event site.
(d) The Client is liable for all injury, loss or damage suffered by Daintea, its employees or agents while at the event site.
Section 5. CANCELLATION
The Client may cancel an order but may forfeit any fees paid as follows:
(a) If booking is cancelled 4 (four) or more weeks before the event date Daintea will make a full refund of any booking fees paid minus the 20% (twenty percent) deposit paid;
(b) Bookings cancelled or item quantities reduced 2 – 4 (two to four) weeks before the event date will forfeit 75% (seventy five percent) of the total booking fee;
(c) Bookings cancelled or item quantities reduced within 2 (two) weeks of the event date will forfeit 100% (one hundred percent) of the total booking fee.
(d) Daintea have full right to charge the client full fees for services or goods that occurred or were purchased for the event (i.e. venue meetings, coordination services, balloons/specific decor items) before the cancellation.
(e) In the event of bad weather for outdoor bookings and events; Daintea reserves the right to refuse to set-up any outdoor event in the case of bad weather. The owner will do all things reasonable to relocate the event to an alternate location. If it is rainy, a marquee/canopy can be set up at the clients cost expense or moved to the client’s home. Alternative plans or rescheduling should occur 48hrs prior to the booking so no extra costs are incurred. Bookings which are paid in full that require cancellation due to bad/severe weather, where practicable, will be re-scheduled within a 3 month period or a gift voucher (with 1 year validity) provided. Additional costs for all the perishable items e.g. food, flowers etc. will be incurred if cancelled less than 36 hours prior to the event. Rescheduled dates are subject to availability.
Section 6. DAMAGE
(a) The Client is responsible for the equipment from the time of delivery until returned to the owner/appropriate vendor or collection by the Owner and shall pay for all equipment damage or loss however caused during that period. Damage waiver is payable by the Client to cover all costs associated with normal wear and tear to the equipment hired, the waiver does not apply to any other damage including:
(i) damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of equipment;
(ii) Damage due to mysterious disappearance of the equipment;
(iii) Damage caused by the use or operation of equipment in contravention of any of the conditions of the agreement;
(iv) Damage to, or loss of, the equipment from any unknown cause.
(v) Cigarette burns on any furniture or décor items.
(vi) Red wine spillages or stains on any furniture or décor items.
(b) The Client shall protect the equipment from the elements during the time of delivery, use, storage or waiting period before pick-up.
(c) The Client shall maintain at its expense liability, property and casualty insurance coverage in amount necessary to fully protect the Owner and its equipment against all claims, loss or damage of whatever nature or type.
(d) The Owner shall not be liable for any loss or damage caused to any person, property, animal or things whatsoever arising from the use of the equipment hereby hired and the Client indemnifies the Owner in respect to any claims for such loss or damage.
(e) Any person signing the documents for and on behalf of the Client hereby covenants with the Owner 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 Owner against all losses and cost incurred by the Owner arising out of the person signing this agreement failing to have such power and/or authority.
(f) Where the Client is more than one person liability shall be joint.
(g) By making a booking through confirming a quote via signature, deposit payment or remittance of funds, the client acknowledges and agrees to the Owners Terms and Conditions.
(h) In the case of the equipment being damaged, the client may have the opportunity to purchase the damaged equipment, however is at the discretion of the Owner.
(i) It is the client’s responsibility to check that all items listed on their invoice are correct and to notify Daintea of any errors prior to final payment. Daintea take no responsibility for errors which occur as a result of a failure to do so.
(j) In the case that a bond has not been paid, or the bond exceeds the amount of bond paid, Daintea reserves the right to recover additional costs to cover damage by any and all means necessary.
Section 7. RELEASE AND INDEMNITY
The Client 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 Client or the Client’s breach of any of these terms.
Section 8. FORCE MAJEURE
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, War, Rain, Hail, Wind, Fire, Explosion, Civil disobedience, Legislation not in force at the date of this Agreement or labour disputes. Neither Daintea 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. Daintea may give verbal or written notice to the Client, giving full particulars of such Force Majeure.
Daintea 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.
Section 9. MISCELLANEOUS
(a) The client agrees to ensure that any site specified on the hire agreement, will be clear of all obstructions to allow Daintea to erect, install or place the hire equipment safely. These terms and conditions are governed by the Laws of Western Australia and the Client and the Owner submit to the jurisdiction of the courts of the State.
(b) 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 Client of any of these Terms.
Section 11. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 13. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Section 14. JURISDICTION
These terms and conditions are governed by the Laws of Western Australia and the Client and the Owner submit to the jurisdiction of the courts of that State.