Terms and Conditions – Merrytrees.co.nz
1. Agreement
1.1 These terms and conditions (the "Agreement") govern the rental of Christmas trees ("Tree") and related services provided by Merrytrees.co.nz ("Merrytrees", "we", "us" or "our") to you ("Customer", "you", or "your"). By renting a Tree from Merrytrees, you agree to be bound by this Agreement.
2. Rental Period
2.1 The rental period will be as specified in your order confirmation.
2.2 Merrytrees will deliver the Tree to your nominated address on the agreed delivery date.
2.3 You agree to allow Merrytrees access to the property for delivery and collection of the Tree.
3. Tree Care and Use
3.1 You agree to care for the Tree in a responsible manner, including providing adequate watering.
3.2 Cutting or damaging the Tree is strictly prohibited. Any damage to the tree will result in forfeiture of any refund and additional charges.
3.3 The Tree is supplied in a potting mix that may contain nitrogen pellets. You acknowledge that Merrytrees is not responsible for any harm caused by the potting mix, including but not limited to illness or choking caused by ingesting the potting mix; damage resulting from overwatering.
3.4 You are responsible for ensuring the Tree is kept in a safe location, away from heat sources that may damage or dry it out.
3.5 You are responsible for using appropriate decorations that will not damage the tree. Merrytrees recommends using LED lights.
3.6 The tree shall neither be abused or misused, nor be used or stored in any manner, or at any location which will subject it to abnormal or hazardous conditions or risk.
4. Your Responsibilities
4.1 You are responsible for any loss, damage or theft of the Tree during the rental period.
4.2 You are responsible for providing a safe environment for the Tree.
4.3 You are responsible for ensuring that all members of your household and visitors are aware of these Terms and Conditions.
5. Liability
5.1 Merrytrees is not liable for any damage to your property caused during delivery or collection, except where such damage is a direct result of our negligence.
5.2 Merrytrees is not responsible for any personal injury or property damage arising from the use or placement of the Tree, except where such injury or damage is a direct result of our negligence.
5.3 You are responsible for ensuring you have adequate public liability insurance.
5.4 You agree to indemnify and hold Merrytrees harmless from any claims, losses, damages, liabilities, including legal fees, arising out of your use of the Tree or your breach of this Agreement.
6. Returns and Refunds
6.1 The Tree must be returned in the same condition as it was delivered, fair wear and tear excepted.
6.2 If the Tree is returned damaged or dead, any refund will be forfeited, and you may be charged the full replacement cost of the Tree.
6.3 Merrytrees will assess the condition of the Tree upon its return.
6.4 No refunds will be issued for early returns.
7. Ownership
7.1 The Tree remains the property of Merrytrees at all times. This is a rental agreement only and does not transfer ownership to you.
8. Cancellation
8.1 If you cancel your order more than 7 days before the scheduled delivery date, you will receive a full refund.
8.2 If you cancel your order within 7 days of the scheduled delivery date, you will receive a 50% refund.
8.3 No refunds will be issued once the Tree has been delivered.
9. Payment
9.1 Full payment is required at the time of booking to reserve your Tree.
9.2 Merry Trees accepts online credit card or Cash.
10. Termination
10.1 Merrytrees reserves the right to terminate this Agreement and repossess the Tree if you breach any of these Terms and Conditions.
11. General Conditions
11.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of New Zealand.
11.2 Entire Agreement: This Agreement constitutes the entire agreement between you and Merrytrees relating to the rental of the Tree.
11.3 Amendments: Merrytrees reserves the right to amend these Terms and Conditions at any time. Updated terms will be posted on the website.
11.4 Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.5 Force Majeure: Merrytrees shall not be liable for any failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control.
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