Terms and Conditions
ABN 43 775 917 314
1. STANDARD TERMS AND CONDITIONS
1.1. Jake Decorates will endeavour to take reasonable commercial steps to protect the Customer in accordance with the Australian Privacy Principles of the Privacy Act 1998 (Cth).
2. SUPPLY OR HIRE OF GOODS AND SERVICES
2.1. Jake Decorates and the Customer agree that Jake Decorates will supply Goods and Services to the Customer pursuant to the terms of this Agreement;
2.2. Jake Decorates may in its absolute discretion decline to supply the Goods and Services to a Customer;
2.3. Jake Decorates has no obligation to provide Goods and Services to the Customer unless and until written approval of the Quote is provided by the Customer to Jake Decorates and subject to the payment of the Secure Deposit and Purchase and Hire Payment by the Customer;
2.4. Every effort will be made to provide Goods and Services as described in the signed Booking Form . If due to unforeseen circumstances Jake Decorates is unable to supply any product/service as described, Jake Decorates reserves the right to substitute with an alternative of equal value;
2.5. Jake Decorates will seek approval from the Customer prior to undertaking any additional chargeable work.
3. CUSTOMER OBLIGATIONS
The Customer must:
3.1. Provide Jake Decorates with all instructions, documentation and information necessary for Jake Decorates to provide the Services;
3.2. Cooperate fully with Jake Decorates and provide adequate facilities on the Premises and all reasonable assistance to enable Jake Decorates to perform its obligations under this Agreement;
3.3. Use any of the Goods only for its intended use;
3.4. The Customer agree to use the Goods safely, strictly in accordance with the law, only for its intended use;
3.5. If Jake Decorates are called out to rectify a problem caused by an unauthorised person a call-out fee will be charged;
3.6. Pay Jake Decorates for any damage to, loss, theft or destruction of, the Hired Goods that occurs during the Hire Period. The amount payable under this clause is the cost of making good or replacing the Hired Goods.
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4. PURCHASE AND HIRE PAYMENT
4.1. All Fees are as advertised on the Site and are inclusive of any Australian Goods and Services Tax (GST) (as applicable);
4.2. The Fees indicated may change at any time without advance notice to You. We reserve the right at any time to modify or discontinue the product or service without notice at any time;
4.3. In consideration of the provision of the Goods and Services, the Customer will pay the Fee to Jake Decorates. Jake Decorates will issue a valid tax invoice to the Customer for payment of the Fees. The Customer must pay the Fees in accordance with the remittance method set out in an invoice or as otherwise agreed in writing;
4.4. Quotes are valid for 30 days unless stated otherwise;
4.5. Payment is via direct deposit. There is no additional charge for direct deposit payments;
4.6. The Purchase and Hire Payment payable by the Customer will be paid to Jake Decorates as follows;
4.7.1. A Secure Deposit is required prior to project commencement unless otherwise specified. No projects will be processed until the Secure Deposit amount has been received;
4.7.2. The Secure Deposit is non-refundable and Jake Decorates will not be required to refund the Secure Fee to the Customer other than as expressly stated in this document;
4.7.3. The remaining balance, including the Bond, will be invoiced 7 days prior to the supply of Goods and Services to the Customer, or as otherwise agreed.
4.8. If you’re required to extend the length of hire, payment will be invoiced weekly or monthly;
4.9. The Purchase and Hire Payment is inclusive of consultation, design, delivery, tree styling, installation and pack down in accordance with the details provided by the Customer;
4.10. The Fees are exclusive of all Exclusions as identified in the Quote. There is no right of set-off in respect of any claims against Jake Decorates;
4.11. If the Customer owes any amount to Jake Decorates, in its sole discretion and without prejudice to any of its other rights may refuse to deliver the Products to the Customer or return the Bond to the Customer.
5. BOND
5.1. Where the Goods and Services include Hired Goods, the Customer must pay the Bond in the amount set out in the Quote;
5.2. Subject to clause 3.10 the Bond will be refunded to the Customer within 5 days of the Collection Date;
5.3. In the event that the Hired Goods are lost, stolen, or damaged (beyond fair wear and tear) during the Hire Period, then Jake Decorates may deduct the necessary amount from the Bond for the cost of making good or replacing the Hired Goods.
6. CONCEPT ART AND DESIGN
6.1. Concept Art and Design is conceptual in nature and intended for design intent only;
6.2. Jake Decorates does not guarantee the appearance, dimensions, consistency of colour and/or texture of any natural materials selected following approval of samples of the particular natural materials by the client. Goods and Services are subject alter to change, without notice. Goods and Services may appear different in real life based on your particular requirements;
6.3. Colours look different on computer monitors and phone screens;
6.4. All concepts, drawings and specifications prepared by Jake Decorates and all copyrights and other proprietary rights applicable thereto remain at all times Jake Decorates’s property;
6.5. Where variations to the Design are undertaken without consultation, Jake Decorates cannot guarantee that the Design outcome will be as intended by Jake Decorates or meet the Customer's requirements.
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7. VARIATIONS
7.1. Any changes made to Goods and Services after a job has been confirmed must be in writing and may incur an additional Fee and price variation;
7.2. No reasonable request for an extension of time will be refused by the Customer if changes are made to the Goods and Services after confirmation due to changes to Design at the request of the Customer or any Customer representative;
7.3. In some cases, Goods and Services may be discontinued or unavailable after an order has been confirmed and a deposit has been received. Jake Decorates reserves the right to replace any such item with a similar product to the same value.
8. DELIVERY, INSTALLATION AND HANDOVER
8.1. Delivery, Installation and Handover times quoted by Jake Decorates are approximate only and we are not responsible for any delays;
8.2. Jake Decorates is under no obligation to deliver the Goods and Services to the Customer until it receives full payment from the Customer;
8.3. Jake Decorates agrees to deliver goods to you on the understanding reasonable access is available. If reasonable access is unavailable or you are not at home at the agreed Delivery, Installation and Handover time you will be charged for any subsequent delivery;
8.4. It is your responsibility to check measurements to ensure your Goods and Services will fit in the intended areas. We are not responsible for Goods and Services that have not been measured and subsequently do not fit where intended;
8.5. Please organise adequate protection for your floors and internal surfaces prior to Delivery, Installation and Handover. Jake Decorates is not responsible for damage to your floors or internal surfaces caused in any way by the delivery of your Goods and Services;
8.6. Disposal of packaging is the responsibility of the Customer. Jake Decorates will not be responsible for the removal of any packaging material;
8.7. Stairs or any additional handling may incur an additional Fee;
8.8. Jake Decorates requires a minimum of 14 working days to coordinate Delivery unless otherwise noted;
8.9. Jake Decorates is not responsible for delays caused by others and which are beyond its immediate control.
9. CANCELLATION
9.1. If the Customer cancels the Goods and Services 7 days prior to supply, or as otherwise agreed, the Customer is not entitled to a refund;
9.2. If Jake Decorates has reason to believe that it will be unable to supply and the Goods and Services to the Customer, Jake Decorates may, without penalty, cancel any order for the Goods and Services, in which case, Jake Decorates will refund the Customer any amount of Fees and Bond already paid in respect of those Goods and Services;
9.3. All Change of Mind and returns are subject to our Returns Policy;
9.4. Refunds are offered only where required under Australian Consumer Law, at Our sole discretion, or otherwise in accordance with the information provided in these terms and conditions.
10. TITLE TO AND RISK OF THE GOODS
10.1. Ownership of and title to the Supply Or Hire Of Goods And Services remains with Jake Decorates until the Customer has paid Jake Decorates in full the Fees and any other Fees that the Customer may owe;
10.2. All risk in the Goods And Services shall pass to the Customer upon delivery to the Premises;
10.3. The Customer acknowledges that Jake Decorates owns the Hired Goods and in all circumstances retains title to the 10.4. Hired Goods;
10.5. In respect of the Hired Goods, the Customer will not, without the consent of Jake Decorates;
sell or dispose of the Hired Goods; and
10.6. charge, encumber or create a Security Interest in the Hired Goods.
11. TERMINATION
11.1. Jake Decorates may terminate this Agreement immediately by giving notice to the Customer, if:
11.2.1 the Customer breaches any term of the Agreement (including for breach of payment terms and fails to remedy the breach within 7 days of written notification of the breach; or
11.2.2. These rights of termination are in addition to any other rights either party has under the Agreement and does not exclude any right or remedy under law or equity;
11.3. On termination of this Agreement, the Customer must immediately return any Hired Goods to Jake Decorates, and pay all outstanding amounts under this Agreement to Jake Decorates, within 7 days of termination of the Agreement.
12. FORCE MAJEURE
12.1. Neither party will be liable for any delay or failure in the performance of any obligation or the exercise of any right under this Agreement or for any loss or damage if such performance or exercise is prevented or hindered in whole or in part by reason of a Force Majeure event.
13. ACCREDITATIONS
13.1. The Client will allow Jake Decorates to take photographs or video content of the Goods And Services it has provided under this agreement for the purposes of marketing or promoting Jake Decorates services;
13.2. This includes describing, reproducing, publishing and displaying any photographs or videos in Jake Decorates’s portfolios, websites and across all social media platforms.
13.3. For clarity, this clause 13.1. does not apply if the consent to photography has not been given in the signed Booking Form.
14. RELATIONSHIP
14.1. The parties acknowledge that Jake Decorates is an independent contractor and not the Customer’s employee.
14.2. Unless specified otherwise in this agreement, Jake Decorates is not the Customer’s agent and has no authority to bind the Customer or act on the Customer’s behalf at any time.
15. LIABILITY
15.1 To the maximum extent permitted by applicable law, the maximum aggregate liability of Jake Decorates to the Customer in respect of loss or damage sustained by the Customer under or in connection with this agreement is limited to the total Fees paid to Jake Decorates by the Client;
15.2. The Client agrees at all times to indemnify and hold harmless Jake Decorates and its officers, employees, agents and contractors (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the Customer or the Customer’s officers’, employees’, agents’ or contractors’:
15.3.1. breach of any term of this agreement; or
15.3.2. negligent, fraudulent or criminal act or omission;
15.4. Jake Decorates will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any Supply Or Hire Of Goods And Services provided by Jake Decorates, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
16. GENERAL
16.1. The Booking Form, Quote, Purchase and Hire Payment and the Terms and Conditions contain the entire agreement between the parties about its subject matter and supersedes all prior discussions, representations, agreements and understandings between the parties in connection with the subject matter;
16.2. A single or partial exercise or waiver of a right relating to these Terms and Conditions will not prevent any other exercise of that right or another right;
16.3. This Agreement may be amended from time to time by Jake Decorates amending the Terms and Conditions for legitimate business reasons upon written notice to the Customer;
16.4. These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable to New South Wales, Australia.
17. INTERPRETATION
Unless otherwise inconsistent with the context:
Accreditations means the taking of photographs or video content of the Goods And Services;
Agreement means agreement between The Customer and Jake Decorates to undertake a Project;
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition Consumer Act 2010 (Cth);
Australian Privacy Principles refer to the Privacy Act 1988;
Bond means the total fees payable as described in the Quote for Hired Goods;
Booking Form means any information provided by the Customer;
Change of Mind refers to Jake Decorates’s Returns Policy;
Concept Art and Design means the conceptual design direction;
Customer means the person or entity identified in the Quote;
Delivery, Installation And Handover means the date when the Customer first takes possession of the Hired Goods to the delivery address agreed in writing;
Design means the Goods agreed to be hired by Jake Decorates as described in the Quote;
Fee means the total fees payable as described in the Quote;
Force Majeure means a circumstance that is beyond the reasonable control of the affected party including but not limited to acts of God, war, terrorism, orders or regulations of governments of any relevant jurisdiction, fires, floods, pandemics or epidemics;
Goods means the Goods agreed to be hired by Jake Decorates as described in the Quote;
Hire Period means the period of hire of any Hired Goods between the Installation Date and the Collection Date;
Hired Goods means the Goods agreed to be hired by Jake Decorates as described in the Quote;
Liability refers to the breach of any term of these Terms and Conditions;
Privacy Act 1998 means protecting the privacy of the Customer and Jake Decorates;
Quote means the document so titled and issued to the Customer;
Relationship confirms the authority of the Customer and Jake Decorates;
Returns Policy refers to Jake Decorates’s Returns Policy;
Secure Deposit has the meaning set out in clause 4.7.1;
Services means the Services to be performed by Jake Decorates;
Supply Or Hire Of Goods And Services means the services provided or any invoice covering decorative materials owned by Jake Decorates and hired to the Customer in accordance with this Agreement;
Variations address how changes can be made to an agreement it has been signed.
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REFUND POLICY
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1. TREE/ DECORATION PURCHASE
1.1 A limited selection of our trees/ decoration packages are available for purchase. No exchange or refund for change of mind.
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2. CHRISTMAS STYLING/ TREE MAKEOVER
2.1. No exchange or refund for change of mind, exchanges for any damaged faulty products as deemed by Jake Decorates.
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Last Updated: 13 May 2024