Terms of service
The Kanvas Group Pty Ltd t/a InStyle Decor · ABN 88149713708
This is an agreement made between The Kanvas Group Pty Ltd t/a InStyle Decor ("InStyle Decor") and the person/s named, or hirer, vendor, property owner ("Vendor"). This agreement is in effect upon verbal or written agreement between the two parties or when full or partial payment is made by the Vendor.
InStyle Decor agrees to do the following
- Provide Property Styling services to the Vendor at the Premises in accordance with the terms of this Agreement.
- Ensure that the Goods provided under this Agreement are covered by a current insurance policy covering loss or damage by fire or theft.
- Deliver to and/or collect the Goods from the Premises as required during the Initial Term or Extended Term.
The Vendor agrees to do the following
- Provide unrestricted access for InStyle Decor to the Premises during normal business hours in accordance with this Agreement.
- Pay InStyle Decor's Hire Fees, including fees for any extension of the Initial Term, and any other charges by the due date strictly in accordance with this Agreement.
- Pay any tax invoice rendered by InStyle Decor under this Agreement irrespective of whether the Premises sells or is taken off the market before the expiry of the Initial Term or any Extended Term.
- Make available InStyle Decor's Goods at the conclusion of this Agreement, including on termination of the Agreement by either party, in accordance with the terms and conditions of this Agreement. This is an essential term the breach of which will entitle InStyle Decor to claim damages for any financial loss suffered.
- Safeguard and protect the Goods, until they are collected by InStyle Decor.
1. Term
The term of this Agreement is for the Initial Term. The Initial Term is 4 weeks unless agreed between InStyle Decor and the Vendor in the final Quotation and/or Invoice.
Any extension of the term of this Agreement must be agreed in writing between the parties not later than five (5) Business Days prior to the completion of the Initial Term. When the term of this Agreement is validly extended, the terms and conditions of this Agreement will continue to apply until completion of the Extended Term.
The term of this Agreement shall never be less than the Initial Term unless validly terminated by either party or by agreement of both parties. In the case where the Premises sells or is taken off the market prior to the end of the Initial Term, InStyle Decor reserves the right to collect the Goods from the Premises.
The Initial Term starts on the Installation Date. Under the discretion of InStyle Decor, InStyle Decor may add an Extended Term to follow the 4 weeks of the Initial Term free of charge. During the free Extended Term, the Vendor is not entitled to any of InStyle Decor's Goods.
There is no refund or discount on the Initial Term even if the property is sold or taken off the market earlier than the end of the Initial Term or agreed collection date.
Goods can be returned before the end of the Initial Term. The Vendor must contact InStyle Decor at the earliest possible date, or at least five (5) Business Days prior to the end of the Initial Term to arrange the date of collection.
Extensions on the Initial Term can be arranged for a fee as outlined in Clause 2. The Vendor accepts that the choice and selection of Goods are at the sole discretion of InStyle Decor. InStyle Decor's warehouse is not open to the public.
2. Extensions
Extensions on the Initial Term can be arranged, given five (5) Business Days notice before the agreed end of the Initial Term for a fee, at the discretion of InStyle Decor.
The extension period "Extended Term" starts automatically the day following the end of the Initial Term, and will be charged weekly. The weekly extension cost is 10% of the quotation / invoice cost + GST.
The Vendor must contact InStyle Decor as early as possible, at least five (5) Business Days before the end of the Initial Term to confirm any extension and arrange a new collection date.
3. Payment
Full payment is to be made three (3) Business Days prior to the Installation Date, noting some Direct Debit and bank transfer payments take time to process. Payment is required to secure the booking and for a project to be started by InStyle Decor.
Payments are not refundable under any circumstance. Payments secure the booking date (over other potential projects) and project management costs (including assigning stylists, employees and contractors and allocation and selection of furniture).
At the discretion of InStyle Decor, if cancellation is made ten (10) business days prior to the installation date in writing, a refund may be given under extenuating circumstances.
If any payments have not been received by the due date, InStyle Decor is entitled to implement changes to the schedule or installation without notice.
At the discretion of InStyle Decor, there may be additional charges added to the final invoice, payable during or at the end of the Period of Hire. This can include extra services that occur during the installation, such as cleaning, removal of furniture, damage fee, extra delivery due to change of mind, or extension to the Initial Term. The payment of these invoices are due immediately.
4. Payment Options
Payment options will be outlined on the Quotation and/or Invoice by InStyle Decor, and include Direct Debit or Credit card unless otherwise agreed by both parties. InStyle Decor offers the following payment options:
- Secure Credit/Debit Card Payment online via Stripe*
- Secure Credit/Debit Card Payment over the phone via Square* (additional transaction fee of 1.6%)
- Style Now, Pay Later via Elepay*
- Direct Bank Transfer — our account details are provided on your Quotation and/or Invoice. Please quote the property address and invoice number as the payment reference.
The Vendor agrees to send a copy of receipt of payment to info@instyledecor.com.au prior to the Installation Date to confirm payment.
*Terms and Conditions and other fees of the third party payment platforms can be found on their relevant website or by contacting them directly.
5. Change of Mind
When Goods are provided by InStyle Decor to the Vendor in accordance with this Agreement, all Goods including accessories are provided at InStyle Decor's discretion and no changes or substitutes to the Goods selected will be made except with the consent of InStyle Decor.
Additional goods or time incurred over the agreed final quotation due to the Vendor's change of mind will incur extra costs to cover the time, delivery, installation, furniture hire costs at an hourly rate of $200.00. This is due immediately.
Should the Goods be required to be changed due to damage by InStyle Decor, the additional delivery cost will be waived.
6. Refunds & Cancellation or Postponement of Installation of Goods
Generally payments are not refundable under any circumstance. Payments secure the booking date (over other potential projects) and project management costs (including assigning stylists, employees and contractors and allocation and selection of furniture). Any other prior deposits or funds paid to InStyle Decor will not be refunded under any circumstance. InStyle Decor does not offer refunds for change of mind, or if Goods are collected early, or Goods are returned or if the Property sells prior to the expiry of the Initial Term or for any other reason.
At the discretion of InStyle Decor, if cancellation is made by the Vendor ten (10) business days prior to the installation date in writing, a full refund may be given under extenuating circumstances.
At the discretion of InStyle Decor, if cancellation is made by the Vendor five (5) business days prior to the installation date in writing, a 50% refund may be given under extenuating circumstances.
If the Installation Date is changed by the Vendor no less than five (5) Business Days prior to the Installation Date, an amendment fee of $250.00 + GST applies.
If any payments have not been received by the due date, InStyle Decor is entitled to implement changes to the schedule or installation without notice.
7. Damage
The Vendor agrees to safeguard and protect InStyle Decor's Goods during the total Period of Hire. The Vendor and InStyle Decor agree that the Goods are hired by the Vendor and at all times shall remain the sole and absolute property of InStyle Decor.
The Vendor acknowledges that InStyle Decor's insurance policy will only cover damage, destruction or loss of the Goods due to fire or theft. Any excess fees, administration fees or additional fees will be passed onto the Vendor, if the Goods are damaged due to fire or theft during the period of hire. Any other loss or damage shall be the Vendor's responsibility and such risks must be covered by the Vendor.
The Vendor shall not remove any Goods from the Premises or rearrange any styled Goods without prior written consent of InStyle Decor and the Goods must remain in the Vendor's sole possession at the Premises stipulated in the Agreement.
If items have to be removed within the Period of Hire, the Vendor agrees to contact InStyle Decor to arrange an agreed location or pay a relocation fee. Removing Goods out of the Premises without agreement will incur extra charges, being the same as the price as the initial quotation in full.
If any of the Goods are damaged or found missing whilst in the Vendor's possession, the Vendor must pay InStyle Decor on demand a sum equal to the reasonable market cost of repairing, cleaning or replacing the damaged item or Goods. The fee for damages will be charged upon the discretion of InStyle Decor, and will be due for payment immediately.
Damage to property done by InStyle Decor or any of InStyle Decor's contractors, will be the responsibility of InStyle Decor. Existing damage on the Vendor's property or InStyle Decor's items shall be clearly communicated and shall not be further interfered with by both parties.
For the professional and safe hanging of mirrors, clocks, artworks and wall features, InStyle Decor requires nails to be fixed into the walls. InStyle Decor agrees to use utmost caution to minimise any damage to walls.
The Vendor acknowledges that any holes, nails or any other fixtures used by InStyle Decor to hang the Artwork will remain after the Period of Hire and shall not be required to be rectified by InStyle Decor. InStyle Decor shall not be liable to the Vendor in respect of any damage caused as a result of hanging Artwork. Removal of fixtures or any patch-ups required are the responsibility of the Vendor.
Should the Vendor not wish the use of fixtures or nails, the Vendor must notify InStyle Decor before the agreement of the proposal. Without the use of fixtures InStyle Decor cannot use Artwork held on Goods and the choice of Artwork will be limited. The Vendor acknowledges that Artwork is a crucial styling element that improves the overall level of styling, and by opting out of the use of fixtures, the Vendor accepts the styling choice for Artwork will be limited, and this may affect the overall level of styling.
8. Partial Styling
Partial Styling packages vary. The starting price is $2,000.00 plus GST, which includes securing the Installation Date, consultation fee, minimum time required to plan and prepare furniture selection, furniture selection hire fee, installation fee.
It is the Vendor's responsibility to remove and rearrange existing furniture according to the details outlined in the agreed proposal. InStyle Decor will direct furniture to be removed or rearranged by the Vendor before the Installation Date. The Vendor agrees to carry out and complete the directions outlined in the proposal before the Installation Date. Failure to carry out the directions before the Installation Date will incur extra charges as outlined in Clause 9.
If the Vendor requires InStyle Decor to rearrange existing furniture, the Vendor must notify InStyle Decor during the Quotation phase to include in the Proposal.
9. Additional Services and Fees
The Vendor is responsible for ensuring the property is clean and prepared to a satisfactory level appropriate for styling. InStyle Decor's services do not include cleaning, packing or any other services apart from Styling and Installation of the Goods in the Proposal.
Additional fees of $200.00 + GST per hour will apply and will be due immediately under the following circumstances:
- If InStyle Decor must provide a cleaning service to assume styling, where the Property is not cleared to a satisfactory level appropriate to assume Styling, at the discretion of InStyle Decor. InStyle Decor may withdraw the agreed service if the Property is not prepared to an acceptable level.
- If InStyle Decor must remove or rearrange existing furniture, without prior agreement. InStyle Decor will not be responsible for any damage caused during the removal. Removal and storage of existing furniture can be arranged as an additional service to the styling package during the Quotation phase.
- Returning the Vendor's existing furniture back to its original location. The Vendor has the option to include into the initial proposal the returning of the Vendor's existing furniture from storage.
The fees under this clause will be charged upon the discretion of InStyle Decor, and will be due for payment immediately.
10. Termination and Repossession Rights and Obligations
InStyle Decor may terminate this Agreement immediately and repossess the Goods if: the Vendor breaches or is in default under any of the terms of this Agreement and fails to remedy the breach or default within five (5) Business Days of receiving a notice of breach or default from InStyle Decor; or the Vendor becomes bankrupt or has an administrator, receiver, liquidator or other external controller appointed to it.
In the event of this Agreement being terminated under this clause the Vendor must promptly make the Goods available for collection by InStyle Decor on a date and at a time specified by InStyle Decor.
In the event that the Vendor breaches this clause, the Vendor consents to InStyle Decor or its agents gaining entry to the Premises, or gaining entry to any other premises where InStyle Decor believes the Goods are located, whether the Vendor is present or not, and to use such force as is necessary in order to repossess the Goods. The Vendor will make no claim against InStyle Decor or its agents for damage arising out of or in connection with repossessing the Goods under this clause.
InStyle Decor accepts no liability to the Vendor whatsoever if the Vendor fails to achieve a sale of the Premises or a sale at the price desired or expected by the Vendor. The Vendor shall not make any claim against InStyle Decor for damages in respect of property or personal injury sustained as a result of any Goods staged on the Premises.
11. Definitions and Interpretation
- "Agreement" means the same as "contract" and means this contract signed or accepted or agreed verbally by the parties.
- "Business Day" means a day that is not a Saturday, Sunday, public holiday or bank holiday in the place where the notice is received or in the location of the Premises.
- "Contract" means this Agreement or Quotation signed or accepted or agreed verbally by InStyle Decor and the Vendor.
- "Extended Term" means any extension of the Initial Term agreed in writing between the parties in accordance with this Agreement.
- "Goods" means any Goods, items or stock owned and/or supplied by InStyle Decor, including furniture, decor items, accessories, and any items specified in InStyle Decor's property styling quote accepted by the Vendor.
- "Hire" means the rental of the Goods as stated in the quotation.
- "Installation Date" means the day the Goods are delivered to the Premises and the start of the Initial Term.
- "InStyle Decor" means The Kanvas Group Pty Ltd t/a InStyle Decor, including any employee, contractor or representative of InStyle Decor.
- "Initial Term" means the initial Period of Hire as identified in Clause 1.
- "Period of Hire" means the full term of hire, including Initial Term and/or Extended Term or when the Goods are in the possession of the Vendor.
- "Premises" means the delivery address of the Goods which is the same as the Property.
- "Property" means the Vendor's property which is the same as the Premises, being the delivery address of the Goods.
- "Quotation" means the property styling job quotation accepted by verbal or written agreement.
- "Quote" means the property styling job quotation accepted which is the same as the Quotation.
- "Rental" means the rent or hire of Goods owned by InStyle Decor to the Vendor for property styling purposes under this agreement.
- "Styling" means the display and arrangement of Goods rented out by InStyle Decor to the Vendor at the Vendor's premises.
- "Vendor" means the owner of the Premises being styled by InStyle Decor and is the person who accepted and agreed to the job quotation presented by InStyle Decor. The Vendor also includes any agent of the Vendor.
Contact
InStyle Decor
info@instyledecor.com.au
0488 300 889