Keekï online – terms and conditions
The keekï online website at http://www.keeki.com.au (the “Site”) is a website where you (the customer) can gather information, browse, select and order products (“Products”) from keekï.
The Site is managed and operated by Keeki My Style Dandenong Pty. Ltd. ACN 163 976 832. References to “keekï”, “us, we or our” in these terms and conditions are references to Keeki My Style Dandenong Pty. Ltd., keekï stores, keekï distribution warehouse and any other entities associated with Keeki My Style Dandenong Pty. Ltd.
When you purchase Products using the Site, you are entering into a supply agreement with Keeki My Style Dandenong Pty. Ltd. ACN 163 976 832.
Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions.
Australian Sales and Delivery Only
We only sell Products within Australia and can only ship to a location where we can provide a delivery service. We do not make deliveries outside of Australia.
By using the Site you agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
You agree not to use any data listed on the site for commercial purposes e.g. through price comparison or information plagiarism.
Capacity to place orders
You must be eighteen (18) years of age or older to place orders on the Site. If you are under 18, you may use the Site only with involvement/approval of a parent or guardian.
Should keekï suffer any damage or other losses as a result of a transaction entered into by a minor, keekï reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with keekï.
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keekï may verify the information that you provide before accepting the creation of a new Account.
By using the Site, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password.
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Any order placed through the Site for a Product is an offer by you to purchase the particular Product for the price notified (plus the delivery and other charges and taxes) at the time you place the order from keekï.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
You agree to provide us with current, complete and accurate details when asked to do so on the Site or by a keekï store.
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keekï reserves the right to refuse service, terminate accounts, remove or edit content, reject or cancel orders at its sole, absolute and unfettered discretion.
We will confirm acceptance of your order when keekï contacts you by email confirming acceptance of your order, and the final delivery fee.
keekï will use its best endeavors to contact you within 2 business days of your order being placed to advise whether your order has been accepted.
If we cannot process or accept your order after payment is received we will contact you by email or telephone and arrange to refund your payment or if you prefer, issue a keekï credit voucher for your next purchase. keekï will contact you using the email address or telephone number provided by you when you created your Account, and we will not be responsible for these details being incorrect. Please add the keekï email address in your contact address book to ensure emails are not sent to SPAM or blocked by your firewall.
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Payment processing will not begin until we receive all the information we need to process the order. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Public Holidays (these may differ depending on specific State or Territory).
We process credit card and PayPal payments after you click the “Submit My Order” button.
If we are unable to successfully process your credit card or PayPal payment for your order, then we may cancel your order.
If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
For credit card and PayPal payments your tax invoice which will be provided to you in hard copy at the time that your order is delivered or collected by you (“Tax Invoice”) is your proof of purchase.
Please note that we are unable to accept credit cards issued by banks outside of Australia, and you may be required to provide further identification for additional security reference checks.
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Prices are subject to change by individual keekï Stores, and do not include display accessories or other options (except as specifically stated on the Site). All prices quoted are in Australian Dollars and unless otherwise indicated, are exclusive of GST. Prices are exclusive of freight and handling fees, which are payable by you.
keekï reserves the right to change prices for Products displayed on the site at any time.
keekï reserves the right to correct any errors or misprints relating to Products displayed on the Site (included after such Products have been ordered).
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Products ordered through the Site will only be delivered to a location where we can provide a delivery service. You may receive multiple deliveries for your order.
If your Product has not arrived within 5 (five) business days after the estimated delivery time, please contact keekï online customer service. We are unable to accept responsibility for missing goods if you do not report a missing delivery within the specified timeframe.
keekï will make reasonable efforts to deliver your Product according to the estimated delivery times and payment processing identified at checkout. Estimated delivery times are in business days and exclude weekends and public holidays.
A keekï representative or our delivery coordinator may need to contact you via telephone or email to arrange a delivery date and timeframe for certain products.
The delivery fee for your order will depend on:
(a) the type of Product you order;
(b) how far you are from the keekï distribution warehouse; and
(c) how many people are required to carry the product items to the room you require them in.
At the time of placing your order online, you will be advised of and charged the delivery/shipping fee.
You may have the option of picking up a Product directly from the keekï distribution warehouse (for larger items) or the keekï store that is responsible for fulfilling your order. If this option is available, and you select it, then any delivery fee will be adjusted accordingly.
Pick up of Products may only occur once all relevant Products have been paid for in full and funds have cleared with keekï. You should not attempt to pick up any Products until you have spoken to a keekï representative who has confirmed that the relevant Products are available for pick up, and that payment for the relevant Products has cleared.
Failure to pick up products or take delivery of goods beyond 21 days from the date of contact by our Dispatch Department will result in this document/sales order being cancelled and all monies paid will be forfeited. In addition storage charges will apply.
When receiving goods on pick up, please inspect thoroughly before signing “received in good order” as any claims for scratches, marks, dents or other damages will not be accepted once signed. No claims for warranty express or implied will be recognised by keekï unless your order or your invoice is produced.
Due to the nature of bulky goods and the varying amounts of time required to assemble or construct the Products, order delivery times may vary from what is stated on the Site. A representative from keekï will call you to confirm delivery details and delivery timeframe.
You agree to comply with the delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
We recommend that you be present to accept the delivery of your order if you have paid by credit card.
We may require the person accepting the delivery of your order to:
(a) provide us with proof of identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and
(b) where relevant, provide us with proof of consent to use that credit card.
If there is no one or no appropriate person (for example, above 18 years old) at the delivery address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the Product you have ordered. In this instance, we will endeavor to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery. Should keekï be required to store the Product pending a replacement delivery or pick-up, then you shall be liable for costs and expenses associated with such storage.
(a) acknowledge and agree that any person at the delivery address who receives the Product is authorised by you to receive your order; and
(b) will ensure that the person receiving the goods is over the required age as prescribed by law.
It is important that you provide a clear and unobstructed access area for the delivery of goods. Difficult access requires prior notice and additional delivery personnel may be required and additional delivery charges may result. Our delivery personnel will at all times be diligent and careful, but cannot be responsible for any accidental damage that may occur during the delivery process.
(a) your room is clear of existing furniture;
(b) access to the home is safe including pathways, driveways, walkways and the like;
(c) your floors are covered to prevent damage as our delivery personnel are required to wear foot protection at all times; and
(d) you notify us of difficult conditions so that we may make alternative arrangements for delivery, if required (this may be at an extra fee).
Please note that delivery fees do not include the hire or use of third party lifting aids.
You are responsible for the goods ordered, fitting into the intended area and through any passages and doorways that may have to be negotiated to their intended destination. In cases where the furniture needs to be disassembled, additional charges will apply. Furniture that needs to be disassembled and reassembled will incur a minimum cost of $250.00 plus any additional redelivery fees if the items delivered need to be returned to the keekï distribution centre. To avoid redelivery fees please advise keekï customer service in advance of any access problems.
keekï may advise approximate delivery times (such as lunchtime, late afternoon etc) in good faith however, keekï is not responsible for failure or delay of delivery. All customers shall accept delivery of goods within 14 days of notification that the goods are available for delivery unless a prior arrangement has been made. Where possible, storage can be arranged at your cost.
Ownership of the goods described in the order shall remain with keekï until all of the following events have been completed:
(a) Payment in full and without set-off of all monies in cleared funds; and
(b) Delivery of the goods.
If the customer refuses to accept delivery of the goods, they will be liable for all costs and charges arising from such refusal.
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(a) the Products in that order are not available;
(b) there is an error in the price or the product description posted on the Site for the Product in that order; or
(c) we reasonably believe your order has been placed in breach of these terms and conditions.
If we do so, then we will endeavor to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
Any cancellation of orders, refunds, exchanges or return of any Products by a customer will be in accordance with the terms of our Returns Policy.
keekï (us/we) does not accept any cancellations, exchanges or change of mind due to customer error, delays resulting from events not in keekï’s control, and other such events beyond keekï’s control once the sales order is accepted by the customer (acceptance by way of placing an order and ticking “I have read and agree to the website terms and conditions” at checkout, or deposit given to keekï).
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All fees and charges identified in these terms and conditions and all prices quoted for the Products on the Site are quoted in Australian Dollars and unless otherwise indicated, are inclusive of GST.
The purchase price of each Product is shown on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in or across keekï Stores for the same Product, and keekï is not obliged to match any prices across different keekï Stores, or other retailers.
Just like in our stores, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.
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We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Where any law implies in this agreement any term, and that law voids or prohibits provisions, which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
Any implied warranty or guarantee is the responsibility of the relevant Product supplier, and not keekï.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
We will not be in default of any agreement nor be liable for any loss or damage which arises either wholly or partly from causes beyond our control including but not limited to strikes and industrial action.
We do not guarantee that the Site will be accessible at all times, or that access and use of the Site will be uninterrupted, secure or error free (other than as set out in these terms and conditions). We are not obliged to continue operating all or any part of the Site. We may modify or close this Site (or part of it) at any time without any liability.
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(a) the breach cannot be remedied;
(b) you fail to remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
Notwithstanding the above, keekï may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your Account at its own discretion.
We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
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We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that are published on the Site at the time you placed your order.
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This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
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keekï shall not be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of keekï, and keekï shall be entitled to a reasonable extension of time for the performance of such obligations.
Title in the Product passes to you when the Products have been delivered to you, or picked up by you (if applicable), and payment for the Products has cleared.
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keekï reserves the right to change specifications, colours and materials shown on the Site without prior notice. Variations in natural timber finishes, marble finishes and leather finishes, including colours, vein and grain changes may occur and must be considered natural features of these products.
Reliance on the information contained or to be implied or inferred from the Site should be confirmed with the Product supplier. keekï does not guarantee or warrant the accuracy of the specifications and/or descriptions provided. Due to the character of natural products all dimensions and colours displayed are approximate.
Variations in product specifications and/or colour may also occur between batches due to differences in manufacturing processes and other variables outside of Keekï’s control.
The information on the Site is provided on the basis that everyone accessing the Site undertake responsibility for independently assessing the relevance and accuracy of its content.
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Therefore, Keekï shall not be held responsible for any variation between the photos on this website and the actual product you receive, including but not limited to: Colour variation, grain variation, colour change, and character variation.
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Except as required for the purpose of using the Site, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, communicate to the public, publish or otherwise deal with any part of the Site or its content, without our prior written consent.
You must not use any trademarks, service marks or logos which appear or are used on the Site without written consent from the relevant rights holder, nor do anything to prejudice the rights of the owner or licensee of such trademarks, service marks or logos.
You must not create a link to any part of the Site (other than solely for your internal business purposes) without our prior written consent.
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We will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through the Site.
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- Your mykeekï vip membership is valid at keekï stores in Australia for two (2) years from the date of purchase. Mykeekï vip membership purchase price is $80.
- mykeekï cards are non-transferable and remain the property of keekï.
- To be eligible for mykeekï member benefits and rewards you must identify yourself as a mykeekï member before purchase, by presentation of the mykeekï card, or by quoting your mykeekï card number and/or name in store with identification.
- Membership and benefits of the mykeekï program are for the individual member only. mykeekï members are entitled to the following discounts:
(a) 10% off full priced keekï products (including when purchasing with keekï’s lay-by option);
(b) 5% off the price offered as part of any sale, specific offer, discount, promotion or clearance of keekï products;
(c) special discounts promoted from time to time (which would apply instead of the above mykeekï member discounts, unless otherwise stated).
- mykeekï member discounts are not available when purchasing keekï gift cards.
- mykeekï members are entitled to the following benefits:
(a) One (1) $30 birthday gift voucher per annum, the terms of which are as follows:
Birthday gift vouchers shall be emailed to the mykeekï member nominated emailed address.
• Birthday gift vouchers can only be used in whole against future purchases at keekï in store. No change or credit can be given on unused amounts.
• Birthday gift voucher is only valid for a period of three (3) months and no unused balance will be refunded or credited after expiry
• If a mykeekï card is lost, stolen, damaged or has expired, any birthday gift credit balance will be lost.
• Birthday gift voucher cannot be added to existing keekï orders, or added to an existing gift fund, or used to purchase keekï gift cards.
- Birthday gift voucher cannot be used during a sale/promotional night / event.
(b) One (1) free one (1) hour keekï Interior Decorator Service in store consultation.
(c) mykeekï vip members are also eligible to earn reward points for every dollar spent
- You must be a mykeekï vip member and present your card in-store with every transaction.
- For every dollar spent, you will earn one keekï reward point. Earn 200 points and you will instantly be rewarded with a $5 reward to spend in-store (not available for use online).
- Your mykeekï points will automatically be loaded into your account each time your purchase has been finalised. (Only on fully invoiced items). As soon as you reach 200 points, your $5 reward will accumulate in your account. Points can only be redeemed instore at this time.
- Once you have earned reward dollars, an email will be sent to your nominated email account advising of your available dollars which can be used instore. You are responsible to ensure that you have a current email account and have set your account to receive correspondences from keekï.
- keekï reward points are computer generated and cannot be recalculated or re-issued.
- keekï reward dollars are valid for two months from the date issued.
- keekï reward dollars cannot be redeemed in conjunction with any offer, voucher, layby, sales order or window promotion; including storewide sale/promotion period, cannot be redeemed for cash, credit or gift vouchers. Change cannot be given.
- Unfortunately keekï is not liable for any unredeemed rewards dollars.
- keekï reward points and keekï reward dollars and your rights under these terms cannot be sold, transferred or assigned. keekï reward dollars are not property and have no cash or monetary value.
- keekï may deduct from your mykeekï account any reward points or reward dollars that have been credited to your mykeekï account in error or as a result of an error, as well as any reward points or reward dollars which relate to an eligible transaction which has been cancelled, reversed, or which relate to a refunded amount.
(d) Invitations to special events, like exclusive sales and new season previews.
(e) Prior knowledge of Limited Edition products.
- mykeekï benefits and discounts are available immediately on purchase of membership.
- We will communicate with you by email to welcome you to mykeekï and send you reminders concerning your membership.
- As a mykeekï member you authorise keekï to send you marketing material concerning special offers, product information and other information relating to keekï. You can opt out of receiving marketing material at any time.
- It is your responsibility to provide keekï with your correct personal details, including any changes to them. keekï accepts no responsibility for a member not receiving any mykeekï communications if incorrect details are provided, or keekï is not notified of any change. keekï accepts no responsibility for late, lost or misdirected correspondence arising from circumstances outside of keekï’s control.
- A mykeekï member cannot cancel their membership for change of mind.
- keekï may amend the mykeekï benefits and discounts available or these terms and conditions from time to time.
- keekï shall use all reasonable efforts to communicate any changes on the keekï website.
- By accepting mykeekï membership you agree to these terms and conditions and any variation. You also agree to provide keekï with any changes to your contact details.
- keekï reserves the right to terminate the mykeekï program at any time without prior notice.
- Notwithstanding any other provision, mykeekï membership is at keekï’s discretion and we reserve the right to cancel a mykeekï card and cease communications without notice.
- keekï shall not be liable for any loss or damage suffered by members resulting from any termination of or changes to the mykeekï program, except for any liability which cannot be excluded by law.
- If you lose your mykeekï card, or it is damaged, keekï will replace the card for free unless you have sought an unreasonable number of replacement cards, in which case keekï may charge for replacement cards.
- mykeekï discount is not available in conjunction with any other membership offer.
- These terms and conditions apply to Store Vouchers, including, but not limited to, Social Media Vouchers and Credit Vouchers.
- Vouchers shall be emailed to the mykeekï member nominated emailed address.
- Vouchers can only be used in whole against future purchases at keekï in store. No change or credit can be given on unused amounts.
- Voucher is only valid for a period of three (3) months and no unused balance will be refunded or credited after expiry.
- Vouchers cannot be added to existing keekï orders or lay-bys, or added to an existing gift fund, or used to purchase keekï gift cards.
- Vouchers cannot be used during a sale/promotional night / event
- Vouchers are Not redeemable for cash.
- Any unused balance will not be refunded or credited when the voucher expires.
- Where the cost of the purchase exceeds the available balance, the voucher holder will be required to make up the difference with an alternate form of payment.
- Vouchers should be treated like cash. Keeki will not replace any lost, stolen or damaged vouchers.
- Voucher not available with any other offers or promotions.
- Voucher does not apply when purchasing sale or clearance items.
The client and keekï Property Styling agree:
- The client has selected the package as outlined in the agreement and agrees with keekï Property Styling to conduct the following work:
a. Provide home staging and property styling services to the Client at the premises for the agreed term of this contract and in accordance with this contract and any special conditions agreed between the parties.
b. Supply, rent, style and stage display stock to and at the premises in accordance with the quotation accepted by the Client.
c. Collect and/or replace any defective or malfunctioning stock within 3-7 days after the Client notifies keekï Property Styling of the defect or malfunction.
d. Deliver and Pick up home staging stock to and from the premises as required during the initial term or extended term of this contract.
e. Perform any other service that keekï Property Styling included in the quotation accepted by the Client.
- The client authorises keekï Property Styling, her employees, contractors and agents and staff to:
a. Enter the Property at all reasonable times for the purpose of undertaking the Work;
b. Install and place furniture and goods on the Property;
c. Install permanent fixings (hooks / screws) for the purpose of hanging art and mirrors;
d. Move or remove existing furniture and goods on the Property;
e. To do all other things reasonably necessary to undertake the Work.
- The client agrees to ensure that:
a. Provide unrestricted access for keekï Property Styling to the premises during normal business hours in accordance with this contract.
b. Pay keekï Property Styling’s fees and display stock rental charges, including any due interest, strictly in accordance with the quotation signed by the Client and this contract, including for any extension of the initial contract term.
c. Pay any tax invoice issued by keekï Property Styling pursuant to this contract and pay the tax invoice by the specified due date for payment.
d. Pay any tax invoice rendered by keekï Property Styling under this contract irrespective of whether the staged property sells or is taken off the market before the completion of the initial term or any extended term.
e. Return keekï Property Styling’s stock at the conclusion of this contract, including on termination of the contract by either party, in accordance with the terms and conditions of this contract. This is an essential term the breach of which will entitle keekï Property Styling to claim damages for any financial loss suffered.
f. Safeguard and protect keekï Property Styling’s display stock while it is in the Client’s possession.
g. Meet keekï Property Styling’s reasonable costs of cleaning any stock that requires cleaning (excluding cleaning required as a result of normal use) upon the return of the stock to keekï Property Styling.
h. Pay for any damage to stock while in the Client’s possession excluding any accidental damage caused during delivery and pick up.
i. Indemnify and protect keekï Property Styling in respect of any liability keekï Property Styling may incur to meet and pay legal costs and/or third party costs and expenses due to any default and/or breach by the Client of any of the terms or conditions of this contract including costs incurred in prosecuting successful legal proceedings against the Client.
j. Respond promptly to any communication received from keekï Property Styling via phone, post, email or fax.
k. The client shall pay any invoice rendered by keekï Property Styling strictly within seven (7) days of receipt of the invoice. This is an essential term of the contract.
a. The contract commences on the day stated within Invoice (Start Date).
b. The initial term of the contract is specified in Invoice (Initial Term)
c. Any extension of the initial term must be agreed in writing between the parties not later than 4 business days prior to the completion of the initial term.
d. When the initial term is validly extended the terms and conditions of this contract will continue to apply until completion of the extended term.
e. The term of this contract shall never be less than the initial term unless validly terminated by either party pursuant to clause of this contract.
- Contract price and payment terms
a. The client will pay the total rental for the display stock for the initial term.
b. The client will pay the additional rental for the display stock for any extended term.
c. The initial term is that stated in Invoice (Initial Term)
d. The total rental for the initial term is stated in Invoice (Total)
e. The payment timetable and payment options for payment of the total rental is stated in Invoice (Payment Options)
f. Any additional rentals for an additional term will that which is agreed in writing between the parties.
g. The rental for the initial term is non-refundable and non-adjustable once this contract has been executed and the display stock delivered to the premises.
h. The client is not entitled to any discount or refund of the total rental if this contract is terminated before expiry of the initial term.
i. The client is not entitled to any discount or refund of any additional rental payable for an additional term if the contract is terminated before expiry of the additional term.
j. The client shall pay any invoice rendered by keekï Property Styling strictly within seven (7) days of receipt of the invoice. This is an essential term of the contract.
k. The additional rental payable by the vendor for any additional term is that stated in Invoice (Additional Term).
- Delivery and pick up of display stock
a. The Client must arrange access for keekï Property Styling to the premises for the delivery and pick up of the display stock.
b. The Client agrees that keekï Property Styling has the right to nominate a day and time convenient to keekï Property Styling for the delivery/pick up of the display stock.
c. keekï Property Styling will take reasonable steps and care to arrange delivery and pick up days and times that also suit the Client or Client’s agent but without limiting keekï Property Styling’s right under clause 7 (b).
d. In the event that keekï Property Styling is unable to gain access for any reason, the Client shall pay all additional costs incurred by keekï Property Styling for the re-delivery or re-pick up of the display stock and keekï Property Styling may invoice the Client for such costs.
e. Any tax invoice delivered to the Client under clause 7 (d) shall be paid by the Client within seven (7) days of receipt.
f. In the event that during pick up keekï Property Styling notes any damage to any item of stock, such damage must be noted and brought to the attention of the Client as soon as practicable.
g. In the event that this contract is terminated by the Client, the Client must arrange the return of the display stock to keekï Property Styling during normal business hours unless keekï Property Styling agrees to pick up the stock from the premises and the Client agrees to pay keekï Property Styling’s pick up fee.
- Client’s obligations while display stock remains on vendor’s premises
a. The Client rents the display stock from keekï Property Styling whilst the display stock is staged on the premises and until the display stock is returned to keekï Property Styling.
b. The Client never acquires any ownership of the display stock.
c. At the conclusion of the initial term or any extended term the Client shall return the display stock to keekï Property Styling or allow access to keekï Property Styling to collect them.
d. Once the display stock has been staged at the premises the Client must not move the stock from the premises without the prior written consent of keekï Property Styling and must remain in the Client’s sole possession.
e. If the display stock or any part of the stock is removed from the premises without keekï Property Styling’s prior written consent, this will be deemed an unlawful conversion and/or illegal misappropriation of the stock and appropriate legal action may be taken against the Client.
f. The Client must keep the display stock in good order and condition, allowing for fair wear and tear and the Client is responsible for any damage to the display stock.
g. If any of the stock is damaged whilst in the Client’s possession, the Client must pay keekï Property Styling on demand a sum equal to the reasonable market cost of repairing or replacing the damaged items of stock.
- Termination and repossession rights and obligations
a. keekï Property Styling may terminate this agreement forthwith and repossess the display stock if:
b. any money owing under this agreement is due and remains unpaid for more than 7 days following receipt of a demand for payment by keekï Property Styling; or
c. the client breaches or is in default under any of the other terms of this agreement and fails to remedy the breach or default within 7 days of receiving a notice of breach or default from keekï Property Styling;
d. The Client breaches any essential term of the contract;
e. The Client becomes bankrupt or has an administrator, receiver, provisional liquidator, liquidator or other external controller appointed to it.
f. If this agreement is terminated before the expiration of the initial term or before the expiration of an extended term, keekï Property Styling shall render a final tax invoice to the Client and the Client shall pay all outstanding and due invoices within seven (7) days of receipt of the final invoice.
g. In the event of this agreement being terminated under this clause the Client must promptly return the display stock to keekï Property Styling or make the stock available for collection by keekï Property Styling on a day and at a time specified by keekï Property Styling.
h. In the event that the Client breaches clause 9 (g), the Client consents to keekï Property Styling or his/her agents gaining entry to the premises, or gaining entry to any other premises where keekï Property Styling believes the display stock is located, whether the Client is present or not, and to use such force as is necessary in order to repossess the display stock.
i. The client will make no claim against keekï Property Styling or his/her agents for damage arising out of or in connection with repossessing the display stock under clause 9 (g).
j. The Client will pay keekï Property Styling all costs and charges (including all legal costs on an indemnity basis) incurred by keekï Property Styling or his or her agents incidental to repossessing the display stock.
k. In the event that the display stock or any item of the display stock cannot be repossessed by keekï Property Styling or its agents within 21 days of the Property Stylist delivering a written notice of intention to repossess the display stock to the Client, the display stock will be deemed lost, stolen or destroyed and keekï Property Styling may take legal action against the Client to recover the retail price of the display stock that would have been charged had the Client purchased the display stock on the date of this agreement.
l. The repossession notice referred to in clause 9(k) may be delivered to the Client in person, or to the client’s selling agent or by sending it by registered mail to the Client’s address as stated in this agreement.
m. If this agreement is terminated by either party before the expiry of the initial term or any extended term, the Client must pay keekï Property Styling all amounts due under this agreement that remain unpaid at the time of termination.
- Limitations on liability of keekï Property Styling and exclusions of liability
a. The only contractual warranties provided by keekï Property Styling are the statutory ones provided under the Australian Consumer Law that are implied into this agreement and cannot be excluded by keekï Property Styling.
b. Apart from these statutory warranties that cannot be excluded, keekï Property Styling accepts no liability to the Client whatsoever if the Client fails to achieve a sale of the property before the expiry of the initial rental term or any extended rental term of the display stock or a sale at the price desired or expected by the Client.
c. keekï Property Styling shall not be liable for any injury, damage or loss suffered by the Client, by any agent of the Client or by any person or prospective buyer invited upon the premises by the Client or the Client’s agent whilst the display stock is staged on the premises other than injury, damage or loss caused by keekï Property Styling’s own negligence.
d. The Client shall not make any claim against keekï Property Styling for damages in respect of property or personal injury sustained as a result of any use, malfunction, defect or breakdown of the Goods or any of them and indemnifies keekï Property Styling against, and releases keekï Property Styling from all claims, actions, demands or suits directly arising out of or connected with the use, malfunction, defect or breakdown of the Goods. This clause does not merge on completion or termination of this agreement.
e. keekï Property Styling will not be liable for any damage caused to the premises by wall hooks inserted into the wall for the purpose of hanging art work/s and keekï Property Styling is not responsible for the removal of such wall hooks or for the repair of any holes in the walls caused by use of the hooks.
a. Any loss or damage shall be the Client’s responsibility.
b. The Client acknowledges that the insurance policy offered by keekï Property Styling at the time making this agreement will only cover damage, destruction or loss of the goods due to fire or theft. In the case of theft, it must be reported to the Police and keekï Property Styling with 12 hours of disappearance.
c. The Client must pay an excess of $1,000 for any claim made on an insurance policy by keekï Property Styling.
d. Client can arrange Client’s own insurance cover to protect keekï Property Styling’s stock against the risk of loss or damage other than the risk covered by keekï Property Styling’s own insurance cover as provided for in clause 11 (a) of this contract and provide evidence of such insurance cover to keekï Property Styling if so requested.
e. keekï property styling charges a 10% Damage Waiver on all goods hired. The cover extends to accidental damage, malicious damage by third parties and theft. If loss or damage occurs in excess of $300, or 10% of the replacement cost of the goods (whichever is higher) client pays keekï Property Styling the balance of the retail price of the goods, being the price that keekï Property Styling would have charged the Client had the Client purchased those Goods at the date of this agreement. After this payment has been made, the lost, stolen or destroyed Goods will be deemed to have been returned to keekï Property Styling and this agreement will terminate in respect of them.
f. Continue to pay monthly rental instalments as recalculated by keekï Property Styling in respect of any Goods remaining in Client’s possession that are subject to this agreement and that are unaffected by this clause.
- Intellectual Property
a. keekï Property Styling reserves the right to take photographs and videography of the Property and of the Work. The rights to the photographs and recordings shall solely be held by keekï Property Styling, and keekï Property Styling reserves the right to use the photographs for any purpose she sees fit, including but not limited to promotional purposes.
b. The Client may opt out of the use of these images for external promotional purposes by indicating in the Agreement.
- Frustration of contract
a. In the event that keekï Property Styling is rendered unable, wholly or in part, to comply with her obligations under this Agreement by reason of act of God, accident, civil disorder, terrorist act, strike or lockout of workmen, bad weather or by any other event or circumstance not within the control of keekï Property Styling, keekï Property Styling’s obligations under this Agreement shall be suspended for such time as appears reasonable to keekï Property Styling.
- Cancellation or postponement of installation of display stock
a. If the Client cancels this agreement less than five (5) business days prior to the due delivery, installation and staging of the display stock at the premises a cancellation fee of 20% of the total rental applies.
b. If the delivery and installation of the display stock at the premises is at the Client’s request postponed less than three (3) business days prior to the due date for delivery and installation a fee of 50% of the total rental must be paid to keekï Property Styling.
a. keekï Property Styling shall not be liable for any loss, damage, cost or expense incurred or suffered by the Client which is caused or contributed to by any contractors, whether engaged by keekï Property Styling or the Client, to undertake any part of the Work which may be suggested by keekï Property Styling.