Terms and Conditions of Styling and Hire Services

In these terms and conditions of hire:

"Chameleon Sand Candle hire" means the glass vessel with granulated wax sand and suitable wick hired out by the owner to the Client;

“Items” means any items (Chameleon Sand Candle, vessel(s)) hired out by the owner to the Client;

“Client” means any person, company, corporation or government agency, or its representative who shall hire Chameleon Sand Candle or engage the services from the owner;

“Owner” means Chameleon Candle Co Pty Ltd ABN 30 667 911 300 trading as Chameleon Sand Candle or Luxury Sand Candle Styling & Hire;

“Terms” means these Terms and Conditions.

1. Inclusion

1.1 Obligation free and complimentary first meeting, one complimentary final meeting 6 weeks prior to your event date to confirm details.

1.2 All additional meetings/site visits are billed at $50 per hour, one hour minimum.

1.3 We will endeavour to respond via emails within 48 hours and be available to you by phone the week leading up to your event. However please keep in mind that during peak wedding season, there may be delays in responding as all current events are our priority.

2. Ownership

The Chameleon Sand Candle and vessel(s) supplied for hire remain at all times the property of the owner.

3. Inspection

As part of the owner’s stringent quality assurance process, all Chameleon Sand Candle and vessel(s) are checked for cleanliness before dispatch. It is the Client’s responsibility to check all of the ordered items on delivery or collection and the Client must notify the owner of any damage within eight hours of receiving the items for hire.

The Client acknowledges that it is aware of the proper use for which  the Chameleon Sand Candle hired is designed and it has inspected the Chameleon Sand Candle and expressly agrees that the Chameleon Sand Candle is:

3.1 in clean condition;

3.2 includes special wicks;

3.3 is fit for the purpose; and

3.4 is of quality and specifications as ordered.

3.5 Chameleon Candle Co Pty Ltd guarantees that all equipment provided is maintained in accordance with the manufacturer’s specifications. The Client must follow all provided instructions for the correct use and maintenance of the sand candles during the hire period. Any misuse or deviation from these instructions may result in liability for damages.

4. Charges and Terms

The Client agrees to pay the owner’s hire charge and any other charges, including charges for loss, damage, and repairs or any tax, GST, duty, levy, or other expenses paid or payable by the owner at the rate and in the manner specified from the commencement date and time of the hire until the items are returned by the Client to the premises of the owner.

The owner reserves the right to amend or revise its rate or prices without notice.

All prices are inclusive of GST.

5. Quotation and Signed Hire Agreement Requirement

5.1 The Owner will issue the client a quotation for its services. This will outline the cost of design, hiring of equipment (if applicable), delivery, collection and (if applicable) set-up. Quotations are valid for a period of thirty (30) days from issue.

5.2 The Client agrees to sign the hire agreement to confirm the booking.

5.3 The Client acknowledges that they have received and understood all instructions for the safe use and handling of the sand candles, including any safety procedures provided by Chameleon Candle Co Pty Ltd. A user guide will be provided where applicable, and the Client must confirm they have read and understood these instructions.

6. Payment Terms and Changes

6.1 To secure the booking a minimum non-refundable deposit of 30% on the total amount needs to be paid by the due date given fourteen (14 days) and a copy of these terms and conditions be signed and returned by the Client to the Owner. Should both these not be done by the due date the Owner has the right to formally approve a quotation to another client on the same date.

6.2 Final payment is required six (6) weeks prior to the event date. Please note should the final payment not be made by the specified due date, the Owner reserves the right to no longer supply any part of the design for the event. No deposit will be refunded should this occur.

6.3 Changes can be made to an order up to six (6) weeks prior to the event.  Bookings can not be reduced by more than 15% of the total order from the initial quote to accommodate for other potential bookings scheduled around your order.

7. Cancellations and postponements

7.1 The Client may cancel an order at anytime, however in the event of a cancellation the Client acknowledges and accepts that the Owner may apply the following cancellation fees:

(a) If a booking is cancelled: The Owner will retain the 30% deposit and refund any other portion of the fee which has been paid;

(b) If the booking is cancelled between one (1) month to fourteen (14) days before the event date: The Owner will retain the 30% deposit and 50% of the remaining fee will immediately be due and payable;

(c) If the booking is cancelled within fourteen (14) days of the event date: The Owner will retain the 30% deposit and 100% of the remaining Fee will immediately be due and payable.

7.2 If there is postponement or change to the event date the Owner will do its utmost to accommodate these changes but can make no guarantees that the owner will be available on the newly scheduled date. Where the Owner is able to accommodate these changes, additional fees may be payable. In the event that the Owner cannot accommodate these changes, the booking will be treated as a cancellation and as such the cancellation fees outlined in Clause 7.1 may be applied.

7.3 If the Client cancels the order, the Client may not sell or pass on their deposit to another client on the owner’s behalf.

7.4 Changes can be made to an order up to 6 weeks prior to the event. Bookings can not be reduced by more than 15% of the total original quoted order to accommodate for other potential bookings scheduled around your order.

8. The Client’s Obligations

The Client warrants that they:

8.1 accept responsibility for the Items hired from the time of its delivery until its return to the owner;

8.2 ensure all Items including candle sand are returned in a clean, dry, and properly packed condition. The Hirer must pay for any damaged (Items).

8.3 Accept responsibility for the equipment hired (if applicable) and candle installations from the time of its delivery or collection until it is returned to the Owner;

8.4 (If the event is held at an outdoor venue) the client will nominate someone to move candles and hired equipment inside or protect from the elements at the close of the event, as well as in the event of inclement weather;

8.4 Will provide the Owner, in a timely manner, with all necessary directions, instructions, decisions and information sufficient to fulfil the order.

9. "Vessel + Candle Sand" Hire (DIY)

9.1 If the Client selects "Vessel + Candle Sand" hire and pays a fixed fee per candle, the Client may only use the candles once during the hire period.

9.2 If the Client selects "Vessel + Candle Sand" hire and pays a fixed fee per candle, the maximum allowable amount of Chameleon Sand Candle per candle is set at 100 grams. Should the Client return the candles and it is found that a greater quantity of candle sand has been used, the Client will be obligated to make an additional payment calculated at a rate of $60 per kilogram.

9.3 The sizes of hire vessels available vary at different times. Specific size requests cannot be guaranteed, although the owner will try their best to satisfy the Client's request. 

9.4 Items can be collected up to two days before the date of the event. Early pick-up is available for an extra cost of 20$ per day.

9.5 Return of Items: Items must be returned to the pickup point within two days from the date of the event. If the event occurs on Friday, Items must be returned on Monday. If the Client fails to return Items within two days or on Monday if the event occurs on Friday, the Client will be charged a late fee of $20 per day. 

9.6 If hire vessels + candle sand are not returned, Client will be charged at $25 per candle for table-sized candles and $50 per candle for floor candles. Transport tubs are charged at $50 per tub.

9.7 If on the return of the Items to the owner the Items are found by the owner to be in an unclean condition, the Client shall pay to the owner the cost of the damaged Items.

(a) if the Client returns the candle sand in an unclean condition (this means removing any visible debris from the candle sand, i.e. flower petals, glass, rice etc), a cleaning fee of $10 per candle will be charged. 

(b) if Client returns the candle sand in wet condition (due to rain or any other water incident), a fee of $10 per candle will be charged.

(c) breakages are charged at $25 per candle for table-sized candles and $50 per candle for floor candles.

10. "Vessel + Candle Sand + Styling" 

10.1 The sizes of hire vessels available vary at different times. Specific size requests cannot be guaranteed, although the owner will try their best to satisfy the Client's request. 

10.2 Where Chameleon Sand Candle is the contracted candle stylist, Chameleon Sand Candle will be the sole provider of sand candles for your wedding/event day. No additional candle stylists will be contracted to supply sand candles, nor will any other persons provide sand candles for elements of your wedding/event.

10.3 The Owner requires a minimum setup time of one (1) hour prior to ceremony invitation time and two (2) hours prior to reception invitation time and/or function start time. It is the Client’s responsibility to arrange access and/or keys to the venue(s) on the Owner’s behalf. The Client agrees to notify the Owner via email of the available venue access time at least fourteen (14) days prior to the event date. Limited access given by the venue may incur a surcharge and will be charged to the Client’s nominated credit card and an invoice notifying the Client of the details of said charges will be sent.

10.4 Any event that requires setup or collection outside of 0900 and 1800 will incur an ‘After Hours’ surcharge of $300.00 and will be charged to the client’s nominated credit card and an invoice notifying the Client of the details of said charges will be sent.

10.5 Whilst the Owner will make every effort to provide the services in accordance with the Client’s originally agreed order, the Owner reserves the right to make amendments on all designs due to inclement weather, or any other unexpected circumstances that may arise on the event date.

11. Credit card authorization

11.1 The Owner requires a credit card authorization to be held at the time of final payment. Credit card details are held as security in the event of any missing item, breakage, damage, surcharge, including but not limited to any of the circumstances outlined in Clauses 4, 6, 7, 9 or 10 above, that occur (‘Bonded Event’). Any Bonded Event will be charged to this credit card with no prior notification to the Hirer. An invoice notifying the Hirer of the details of said charges will be sent. The Owner will destroy any record of your nominated credit card details within thirty (30) days of the event date. In the instance that the Hirer does not own a debit/credit card, a cash bond is payable at the time of final payment (the amount of which will be determined by the size of the order). Cash bonds will be refunded within fourteen (14) days from the time of return of all hired equipment found to be in satisfactory condition by the Owner. In the event that the cash bond does not cover the full charge for a Bonded Event, an invoice in the outstanding amount will be issued to the Hirer and become payable immediately.

12. Payments

12.1 Forms of payment accepted are credit card and direct account debit to the following account: (Please quote your name/company name and invoice number for our reference)

Account name: CHAMELEON CANDLE CO PTY LTD

Bank: CommBank

Account number: 7740 7710

BSB: 062-692

12.2 Late penalty fees may apply to any invoice which has not been paid by the scheduled due date.

12.3 The Client is obligated to notify the Owner if the credit card held on file is no longer valid. This obligation is to be upheld until the thirty (30) days following the event date. If any fee is payable and the Owner is unable to take payment from the credit card on file, the Owner will attempt to contact the Client via email as soon as the Owner becomes aware of the payment failure. If the due amount has not been paid within fourteen (14) days of the transmission of the Owner’s email, the Owner may exercise its right to engage debt collection services of the collection of unpaid debts, and the right to commence legal proceedings for any outstanding amounts owed to it.

12.4 The Owner endeavours to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If the Client is having difficulties or would like to request a payment plan, please contact the Owner via email.

13. Use of images and feedback

13.1 The Owner will use photos and/or video of the set up at the event for its own promotional, publicity and marketing purposes (including but not limited to posts across Instagram and Facebook). Such photos and/or videos will include those taken by the Owner, as well as those already in the public sphere taken by third parties such as the photographer and videographer at the event.

13.2 The Owner may ask the Client for their feedback (such as a testimonial) (‘Feedback’) in relation to its delivery of the services. If the Client is happy to share details of their experience, the Owner will use this Feedback for future business development, as well as for its own promotional, publicity and marketing purposes.

13.3 The Client grants the Owner the right to use and display the Client’s first name, image and likeness in the context of the uses outlined in Clause 13.

14. Subcontractors and Third-Party Service Providers

The hirer agrees that any subcontractors or third-party service providers engaged for the event will have sufficient public liability insurance, and the hirer must provide evidence of this insurance upon request. Chameleon Candle Co Pty Ltd is not liable for any claims arising from the actions or omissions of these third parties.

15. Loss of or Damage to Items

The hirer is liable for any damage or loss to the hired sand candles while in their care, custody, or control. This includes any loss or damage caused by negligence or failure to follow the provided safety guidelines. In the event of damage not caused by negligence, the hirer may still be responsible for compensating Chameleon Candle Co Pty Ltd for the replacement or repair of the items.

16. Liability for Product-Related Incidents

16.1 Chameleon Candle Co Pty Ltd takes all reasonable precautions when setting up sand candles at events to ensure they are safe for use. If, however, the placement or use of the candles by Chameleon Candle Co Pty Ltd results in third-party injury or property damage due to our negligence, our Products Liability insurance will cover the resulting claims. This coverage only applies where the damage or injury arises directly from negligence by Chameleon Candle Co Pty Ltd.

16.2 The hirer must inform Chameleon Candle Co Pty Ltd of any potential hazards at the event location, and is responsible for ensuring that the area provided for the setup of the sand candles is safe, secure, and suitable. If the hirer or any third party alters or misuses the candle setup after installation, Chameleon Candle Co Pty Ltd will not be held liable for any resulting injury or damage.

17. Indemnity and Hold Harmless Clause

The hirer agrees to indemnify and hold harmless Chameleon Candle Co Pty Ltd from any claims, damages, or liabilities arising from the hirer's use of the hired sand candles, except where such claims result from the negligence of Chameleon Candle Co Pty Ltd. The hirer must not enter into any third-party agreements that assume the liability risks of Chameleon Candle Co Pty Ltd without prior written consent.

18. Alcohol-related Events and Higher Excess

In the event that alcohol is served at the event where sand candles are hired, the hirer acknowledges that any claims or damages related to alcohol consumption may subject to a higher insurance excess. The hirer must ensure responsible service of alcohol in accordance with local laws.

19. Listed Human Disease Exclusion

Chameleon Candle Co Pty Ltd will not be liable for any claims, losses, or damages arising directly or indirectly from any listed human disease, pandemic, or related public health emergency as identified by the relevant authorities. The hirer assumes all risk in relation to such events.

20. Protocols in Event of Health Pandemic or State Of Emergency

The Parties agree that no performance will be required of either Party that would knowingly run counter to any laws, health and safety regulations, directives, or executive orders. If, during the Term of this Agreement, any Health Pandemic, would put the Client(s), other vendors, Chameleon Sand Candle staff or personnel at risk, it is in the sole exclusive discretion of Chameleon Sand Candle as to whether or not the services/event must be cancelled or postponed. In the event Chameleon Sand Candle does deem a cancellation or postponement due to a Health Pandemic, no monies paid by the Client shall be refunded. However, Chameleon Sand Candle shall provide the Client(s) with available options for a date transfer as soon as is reasonably practical. In the event that the client chooses to cancel, the client may be liable up to 50% of total invoice.

21. Claims-Made Contracts

All claims relating to the hire of sand candles must be reported immediately and within the hire period. Any facts or circumstances that might give rise to a claim should also be reported as soon as they become known. Failure to report potential claims may void coverage under this agreement.

22. Force Majeure

If the owner is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, lockouts, fires, riots, civil commotion, or unrest, interference by civil or military authorities or act of war) the owner may give written notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of the owner under these terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The owner shall not be liable for any loss or damage suffered by the Hirer as a result of any delays caused by such force majeure events.

23. Acceptance of Terms and Conditions

The Hirer hereby unconditionally accepts these terms and acknowledges that its acceptance is a condition precedent to taking possession of the Items from the owner.

24. Miscellaneous

24.1 The client must provide a list of vendors to the Owner. Creating a magical day for your special event is a team effort and the owner must credit the list of vendors on social media.

24.2 These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia, Australia. The parties agree to submit to the exclusive jurisdiction of the courts of Western Australia in the event of any dispute arising from these Terms and Conditions or the hire of items.

Updated: 26 September 2024