OSOME MOMENTS TERMS AND CONDITIONS
CUSTOMER DATA PROTECTION POLICY:
Our website is secured. We confirm that we will not cancel this security on the website. We understand and accept that we will be held responsible should our security be breached and that we are liable for charge backs.
Any information collected by Osome Moments from users of this site shall not be revealed or disclosed to third parties unless the user’s prior written consent thereto is obtained.
The users hereby agree that Osome Moments may communicate from time to time with them.
METHOD OF PAYMENT:
Osome Moments will accept credit card, cash and Instant EFT payments for payment and order purposes. At the time of placing the order, the transaction details are presented to the bank and an authorisation is obtained for the order. If such authorisation is not obtained, the order will be cancelled. If authorisation is obtained, payment in respect of the order will be collected immediately.
- The owner (Osome Moments) is the proprietor of the Furniture and equipment (“equipment”) listed in the schedule to this Agreement (“schedule”).
- The hirer will hire the equipment specified in the schedule from the owner (Osome Moments) upon the terms and conditions in this Agreement.
- Hire of furniture, equipment and linen
- The hiring of the equipment will commence from the commencement date specified in the schedule and continue for the term specified in the schedule.
- The hirer is entitled to use the equipment for the hire period and for any agreed extension of the period.
- The hirer agrees to return the goods to the address of the owner on or before the end of the hire period as outlined in the schedule
- The owner will not refund any hire charge monies if the hirer elects to return the equipment prior to the end of the hire period, regardless of reason.
- A late return fee equivalent to the hire cost per day will be charged per day for all days when the equipment is returns a day or more late.
- Payment for rental
- The hirer agrees to pay the owner the hire fee specified in the schedule for the equipment for the hire period, which includes any applicable fees, if a hire charge is applicable.
- The hirer must pay a 70% deposit to Osome Moments 14 days prior to commencement date or earlier. A further 30% must be paid 5 days prior to the event date.
- Use, operation and maintenance
- The hirer agrees that the use of the furniture, equipment and linen, carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks.
- The equipment shall not be used by anyone other than the hirer without the expressed permission of the owner.
3.3 The hirer agrees to operate, maintain and store the equipment, furniture and linen strictly in accordance with any instruction provided by the owner, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the equipment as to the operations, maintenance and storage thereof.
- The hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations.
- The hirer shall ensure the equipment is returned to the Osome Moments clean of soil or any other foreign matter. In the event that these requirements are not complied with the hirer shall pay the owner the reasonable costs of compliance with these requirements.
- Hirer’s warranties
- The hirer warrants that:
- the equipment will be used in accordance with the conditions outlined in the schedule;
- the particulars in the schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;
- the equipment will not be used for any illegal purpose;
- the hirer will not, without prior written consent of the owner, modify, or permit any modification of, the equipment in any way; and
- the hirer agrees that the equipment complies with its description, is in merchantable condition and is fit for the hirer’s purpose.
- To the full extent permitted by law the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent on the use or misuse of the furniture, equipment and linen during the hire period.
- Loss, damage or breakdown of furniture, equipment and linen
- The hirer will be responsible for any loss or damage to the equipment irrespective of how the loss or damage occurred (fair wear and tear excepted) during the hire period.
- If there is a breakdown or failure of the equipment then the hirer shall return the equipment to the owner at the hirer’s expense and the hirer shall not attempt to repair the equipment.
- The owner will maintain current insurance policies in respect of the equipment to its full insurable value.
- The hirer will assume all risks and liabilities for and in respect of the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair or storage of the equipment.
- To the extent permitted by law the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the furniture, equipment and linen.
10. Title to goods
- The hirer acknowledges that Osome Moments retains title to the equipment and that the hirer has rights to use the equipment as a mere bailee only. The hirer does not have any right to pledge the owner’s credit in connection with the goods and agrees not to do so.
- The hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt top part with personal possession or otherwise not to deal with the equipment and not to conceal or alter the goods or make any addition or alteration to, or repair of, the equipment.
- The owner may retake possession of the furniture and equipment if the hirer breaches any provision of this agreement, notwithstanding anything else herein contained.
- If repossession takes place, the owner shall only charge the hire fee up to and including the time of repossession.
- Completion of the hire period
- The hire period is completed when the equipment has been returned to the owner:
- in the same condition as when it was hired; and
- on or by the date and time outlined in the schedule.
- The covenants, agreements and obligations contained in this agreement will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
- If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
- Governing law
- This Agreement is governed by the laws of South Africa. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement.
- If you choose to cancel your reservation with us within 60 days of your scheduled event, we will refund 100% of your money. If you cancel within 30 days of your scheduled event, we will refund 80% of your money. If you cancel within 7 days of your scheduled event, we will refund 60%.
- In this Agreement, unless the context otherwise requires:
- A reference to the singular includes the plural and vice versa;
- A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;
- A reference to an individual shall include corporations and vice versa; and
- If a word or expression is defined, its other grammatical forms have a corresponding meaning.
- In this Agreement, headings are for convenience only and do not affect interpretation.
- In this Agreement, unless the context otherwise requires:
The pricing of each product is displayed with the product listing in South African Rands.
Delivery charges differ depending on a variety of factors, including product type, price, weight, as well as whether delivery is to be made within, or outside the borders of South Africa.
Import duties may be payable by recipients of goods in foreign countries and are for the account of the importing customer. Each customer is responsible for determining whether any such levies are payable, and if so, the amount thereof.
By accessing this site, the user consents to the South African law and the jurisdiction of the South African Courts governing any action that may arise in respect of the user’s use of this site.
Osome Moments respects the laws of the country and as such encourages full adherence at all times.
Any user that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be criminally prosecuted.
Osome Moments may institute civil action for damages suffered as result of such conduct.
ALTERATION TO TERMS AND CONDITIONS:
The use of or access to this site constitutes the user’s acceptance of the above terms and conditions.
Osome Moments has the discretion to alter the terms and conditions of this site at any time, without prior notice to the user.