TERMS &
CONDITIONS
TERMS & CONDITIONS
These Terms & Conditions apply to Christmas lighting, decorations, hire, sale, installation, maintenance and removal services supplied by Devine Works Limited, trading as Devine Decorations (“Devine”, “we”, “us”).
By accepting an estimate, placing an order, paying a booking deposit or instructing us to proceed, the Client agrees to these Terms together with any project-specific terms contained within the relevant estimate or order confirmation.
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1. Services & Goods
Devine Decorations provides services including:
a. Hire of Christmas lights, decorations, garlands, wreaths and associated equipment.
b. Sale and supply of Christmas lights, decorations and associated equipment.
c. Installation of Devine-owned, purchased or Client-supplied equipment.
d. Maintenance during an agreed hire or display period.
e. Removal of Christmas lighting and decorations.
f. Design and visualisation of Christmas displays.
Whether equipment is hired or purchased, and whether installation, maintenance and removal are included, will be stated within the relevant estimate.
The purchase of lighting or decorations does not automatically include installation, maintenance, removal or storage unless specifically stated.
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2. Estimates & Bookings
Estimates are based on the information, measurements, photographs and site conditions reasonably available at the time.
Where quantities, dimensions or lengths are described as approximate, the final specification may be adjusted following measurement or installation requirements. Any material change to the agreed price will be discussed with the Client before additional works proceed.
An installation date is not secured until the estimate has been accepted and any required booking deposit has been received.
Unless otherwise stated, estimates remain subject to product and installation availability.
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3. Booking Deposits & Cancellation
A booking deposit may be required to reserve installation dates, labour, equipment and stock.
Where the Client is a consumer, any statutory cancellation rights will apply and are not affected by these Terms. In certain distance or off-premises contracts, consumers may have a 14-day cancellation period. Legislation.gov.uk
Where the Client requests that ordering, preparation, installation or other services commence during an applicable cancellation period, reasonable charges may be payable for work undertaken or costs incurred, where permitted by law.
Following expiry of any applicable statutory cancellation period, Devine may retain or recover reasonable costs and losses arising from cancellation, including committed labour, specially ordered materials, access equipment, transport and subcontractor costs.
Goods made to the Client's specifications or clearly personalised may be exempt from statutory cancellation rights where applicable. Legislation.gov.uk
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4. Installation & Removal Dates
Installation dates are booked in good faith but remain subject to weather, access, safety and circumstances outside our reasonable control.
Where conditions such as high winds, storms, snow, unsafe ground conditions or other hazards prevent safe working, Devine may postpone or reschedule the works.
Unless a specific removal date is confirmed in writing, Christmas removals will be completed within the removal period stated within the estimate or booking confirmation and may be scheduled according to location, routing, weather and operational requirements.
Reasonable access must be provided on the agreed installation and removal dates.
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5. Client Responsibilities & Access
The Client is responsible for:
a. Providing safe and reasonable access for installation, maintenance and removal.
b. Providing suitable and operational electrical supplies where required.
c. Informing Devine of known defects, fragile surfaces, concealed services or other hazards.
d. Obtaining permission to access neighbouring land, driveways or property where required.
e. Ensuring that agreed installation areas are reasonably clear and accessible.
f. Not moving, altering or interfering with hired equipment without our agreement.
Additional visits, labour, parking, access equipment or other costs resulting from unavailable or restricted access may be chargeable.
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6. Fixings, Surfaces & Making Good
Christmas lighting and decorations may require temporary fixing methods including cable clips, nails, screws, hooks, cable ties, straps, clamps or adhesive products depending upon the property and installation agreed.
The Client acknowledges that temporary fixings can leave small fixing holes, minor marks, rubbing, paint disturbance or other minor evidence of installation and removal.
This can particularly apply to timber fascia and bargeboards, painted surfaces, render, brickwork, metalwork, windows, doors and areas where garlands, wreaths or lighting are in contact with the building.
Any filling, decorating, repainting, rendering, timber repair or other making good is excluded unless specifically included within the estimate.
Devine will exercise reasonable care and skill during installation and removal. This clause does not exclude responsibility for damage caused by our failure to exercise reasonable care and skill.
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7. Listed Buildings, Conservation Areas & Permissions
The Client is responsible for obtaining all relevant permissions, consents and approvals required for the installation and removal, including where applicable Listed Building Consent, planning or conservation approval, landlord/freeholder consent, managing-agent approval or permission from any other relevant authority or third party.
Where an installation requires temporary fixings into timber fascia, bargeboards, brickwork or other building fabric, Devine will proceed on the basis that the Client has obtained all permissions required for the proposed fixing method unless otherwise agreed in writing.
Devine reserves the right to refuse any proposed fixing or installation which we reasonably consider unsafe or inappropriate.
The Client is responsible for reasonable claims, enforcement costs, legal costs or other liabilities arising directly from their failure to obtain required permissions or from incorrect or incomplete information supplied to Devine to the extent permitted by law.
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8. Hired Equipment
Unless an estimate specifically states that an item is being purchased by the Client, all lighting, decorations, transformers, cables, timers, garlands, wreaths and associated equipment supplied on hire remain the property of Devine Works Limited.
The Client must take reasonable care of hired equipment during the hire period.
Hired equipment must not be sold, altered, relocated, removed or disposed of by the Client or any third party without our written permission.
The Client may be charged the reasonable repair, replacement or recovery cost of equipment lost or damaged through misuse, negligence, vandalism, unauthorised removal or interference.
Fair wear and tear and faults arising through normal use are excluded.
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9. Hire Period & Third-Party Removal
The hire period ends when hired equipment has been removed or collected by Devine, unless otherwise agreed.
A third party must not remove Devine-owned equipment without our prior written approval.
Where equipment is removed without permission, lost, damaged or cannot be accounted for, the Client may be responsible for the reasonable costs of recovery, inspection, repair or replacement.
Where Devine cannot remove equipment because agreed access has not been provided, reasonable additional hire, labour, travel and access-equipment charges may apply.
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10. Sale of Lights & Decorations
Where the estimate states that lighting or decorations are being sold or purchased, those items become Client-owned goods in accordance with the agreed payment terms.
For consumer purchases, goods supplied must meet the Client's applicable statutory rights, including requirements relating to satisfactory quality, fitness for purpose and description. Nothing within these Terms restricts those rights. Legislation.gov.uk
Any manufacturer's warranty supplied with purchased products is additional to the Client's statutory rights.
Damage or failure caused by misuse, unauthorised alteration, unsuitable electrical supplies, incorrect storage or use outside the manufacturer's specification may not be covered by any additional product warranty.
Unless specifically included within the estimate, Devine does not provide ongoing seasonal maintenance of Client-owned lighting after purchase.
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11. Returns of Purchased Goods
Where statutory cancellation rights apply to goods purchased remotely or away from our business premises, eligible consumers generally have 14 days from receipt of the goods to cancel. Legislation.gov.uk
Any return must be made in accordance with applicable consumer law.
Where permitted by law, Devine may make a reasonable deduction where goods have been handled beyond what is necessary to establish their nature, characteristics and functioning and this has reduced their value. Legislation.gov.uk
This cancellation right may not apply to goods manufactured to the Client's specifications or clearly personalised.
Nothing in this section affects rights relating to faulty, misdescribed or otherwise non-conforming goods.
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12. Client-Owned Equipment
Where Devine installs Christmas lights or decorations already owned or supplied by the Client, Devine is not responsible for their existing condition, compatibility, longevity or performance.
We reserve the right to refuse to install equipment which appears defective, unsafe, unsuitable for external use or incompatible with the proposed installation.
Repairs or replacement of Client-owned equipment are excluded unless specifically agreed.
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13. Maintenance
Where maintenance is included within a hire agreement, Devine will provide reasonable assistance with faults arising during the agreed display period.
Maintenance does not include faults or damage resulting from:
a. Client or third-party interference.
b. Vandalism or accidental damage.
c. Animals or wildlife.
d. Faults with the property's electrical supply.
e. Severe or exceptional weather.
f. Disconnection or alteration of the installation.
g. Client-owned equipment unless specifically included.
Where maintenance is chargeable, labour, replacement parts, travel, parking, specialist access equipment and subcontractor costs may be invoiced.
Maintenance attendance remains subject to safe access and weather conditions.
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14. Weather & Outdoor Installations
Outdoor Christmas displays are exposed to weather and environmental conditions outside Devine's control.
Strong winds, storms, flooding, falling branches or other severe conditions may require an installation to be temporarily switched off, adjusted, repaired or removed for safety.
Devine may suspend or postpone installation, maintenance or removal where conditions are considered unsafe.
Devine is not responsible for damage caused solely by extraordinary weather or external events outside our reasonable control where the installation was otherwise correctly and safely completed.
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15. Electrical Supply
The Client must provide a safe, suitable and accessible electrical supply where required.
Unless specifically included within the estimate, Devine is not responsible for alterations or repairs to the property's fixed electrical installation.
The Client must not alter transformers, plugs, extension cables, timers or electrical connections forming part of a Devine hire installation.
Electricity consumed during the display period is the Client's responsibility.
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16. Design & Installation Variations
Christmas installations are fitted individually to each property and minor variations in spacing, positioning, density and fixing locations may be necessary due to actual building dimensions, access, safety requirements and suitable fixing points.
Where a hire product becomes unavailable or unsuitable, Devine may propose a reasonably comparable alternative.
For purchased goods, any material product substitution will be agreed with the Client before supply wherever reasonably practicable.
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17. Image Render Disclaimer
Any rendered images, edited photographs, visualisations or design mock-ups supplied by Devine are for illustrative purposes only.
Actual colours, lighting density, spacing, positioning, scale, textures and overall appearance may vary due to site dimensions, lighting conditions, screen settings, available fixing points, product variations and installation requirements.
Rendered images are conceptual representations and do not guarantee an exact final appearance.
This does not permit a material departure from an agreed written specification without the Client's agreement.
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18. Price & Payment
Prices and payment stages will be stated within the relevant estimate, order confirmation or invoice.
VAT will be applied where stated and at the applicable rate.
Invoices must be paid by their stated due date.
Devine may suspend further non-essential work or services where payment is materially overdue, subject to applicable law.
For business-to-business transactions, Devine reserves the right to charge statutory late-payment interest and debt-recovery costs where applicable. The current statutory interest regime is 8% above the Bank of England base rate where no different substantial contractual remedy applies. GOV.UK
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19. Variations & Additional Works
Work requested outside the accepted estimate will be treated as additional work and may be charged separately.
Additional charges may also arise where unforeseen conditions are discovered which could not reasonably have been identified when the estimate was prepared.
Where reasonably practicable, additional costs will be communicated to the Client before the additional work proceeds.
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20. Damage & Liability
Devine Works Limited will carry out services with reasonable care and skill.
Any suspected damage should be reported to us as soon as reasonably practicable so that we have an opportunity to inspect and investigate the matter.
Devine is not responsible for pre-existing defects, deterioration, insecure building materials or damage caused by third parties, Client interference or circumstances outside our reasonable control.
Nothing within these Terms excludes or restricts liability that cannot lawfully be excluded or restricted, including applicable consumer statutory rights. Consumer contracts cannot lawfully exclude core rights relating to faulty goods or services that are not carried out with reasonable care and skill. GOV.UK
For business Clients only, and to the extent permitted by law, Devine will not be responsible for indirect or consequential business losses arising from the contract.
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21. Security Deposits
Where a refundable security deposit is required, this will be stated within the estimate or order confirmation.
Following removal and inspection of hired equipment, any refundable balance will be returned less reasonable amounts properly due for loss, damage, unreturned equipment or other agreed charges.
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22. Cancellation or Suspension by Devine
Devine may suspend or terminate work where:
a. Payment is materially overdue.
b. Safe access is not available.
c. Hired equipment is being misused or deliberately damaged.
d. Necessary permissions have not been obtained.
e. Continuing the work would be unsafe or unlawful.
Where cancellation results from circumstances caused by the Client, Devine may recover reasonable costs already incurred.
Where Devine cancels for reasons not caused by the Client, any refund due will take account of work or goods already properly supplied.
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23. Events Outside Our Control
Devine will not be responsible for delay or failure to perform caused by circumstances reasonably outside our control, including severe weather, storms, flooding, road closures, utility failures, accidents, supply-chain disruption or restrictions imposed by public authorities.
We will take reasonable steps to minimise disruption and resume the affected service when reasonably possible.
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24. Complaints & Disputes
Any complaint should first be raised with Devine Works Limited so that we have a reasonable opportunity to investigate and resolve the matter.
The parties may agree to mediation or another appropriate form of alternative dispute resolution.
Nothing within this section prevents a consumer from exercising any statutory right or remedy.
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25. General
These Terms should be read together with the accepted estimate, invoice and any project-specific terms or disclaimers.
Where there is a conflict, a specific written term contained within an accepted project estimate will normally take precedence over these general Terms, except where doing so would conflict with applicable law.
Changes may be agreed in writing, including by email or other written electronic communication.
If one provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
Consumer-facing terms must be fair and transparent, so I would avoid bringing back provisions such as automatic loss of every upfront payment or disproportionate penalties. GOV.UK
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26. Governing Law
These Terms and contracts entered into with Devine Works Limited are governed by the laws of England and Wales.
Nothing within these Terms affects any jurisdictional rights available to consumers under applicable law.
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27. Contact Information
Devine Works Limited trading as Devine Decorations
9 Hayfield
Leybourne
West Malling
ME19 5PX
Telephone: 01732 387097
Email: info@devinedecorations.com