The below policies outline the obligations of the Hirer. By confirming a booking or invoice, making a booking retainer payment, or remitting funds, the Hirer acknowledges and accepts the terms of the Contract, stated by The Small Things Co.

1. About these Terms

1.1 These Hire Terms and Conditions (Terms), together with the accepted Quote or Invoice, form the agreement (Contract) between The Small Things Co. (we, us or our) and the person or entity identified as the customer in the Quote or Invoice (Hirer, you or your).

1.2 Equipment means every item supplied for hire, including its packaging, protective materials, accessories and components. Event Date, Hire Period, Delivery, Collection, Customer Pickup, Customer Return, Bump-in and Bump-out have the dates, times and locations shown in the Quote or Invoice.

1.3 If more than one person is named as the Hirer, each person is jointly and individually responsible for all obligations under the Contract.

1.4 If a person accepts the Contract for an organisation or another person, that person confirms they have authority to do so.

1.5 If these Terms conflict with a specifically agreed written term in the Quote or Invoice, the specifically agreed written term prevails to the extent of the conflict.

2. Acceptance and booking confirmation

2.1 You accept the Contract when you approve the Quote or Invoice in writing or electronically, sign the Contract, or pay any part of the Booking Fee or other amount requested after receiving these Terms.

2.2 A Quote is subject to availability and does not reserve Equipment. A Booking is confirmed only when we receive the 30% Booking Fee and the order is changed to ‘Confirmed’ in our system.

2.3 Unless we agree otherwise in writing, the Booking Fee is due within 5 days after the Invoice is issued. Our system will automatically release provisionally held Equipment if payment is not received by the due date.

3. Prices, GST and payment

3.1 Unless stated otherwise, prices shown to consumers exclude GST. 

3.2 The remaining balance is due 14 days before the Event Date. If a Booking is made within 14 days of the Event Date, the full amount is due when the Booking is confirmed.

3.3 We are not required to release, deliver or install Equipment while an amount is overdue. This does not affect any other right or remedy available to us.

3.4 Card payments may incur a surcharge disclosed before payment. The surcharge will not exceed our applicable cost of accepting that payment method. A fee-free payment method will be available where required by law.

3.5 You must promptly notify us of any suspected payment error. Payment instructions, including bank details, are provided on the Invoice or payment page and do not form part of these Terms.

4. Changes to the Booking

4.1 Requests to add Equipment are subject to availability, revised pricing, transport capacity and operational approval. Additional amounts are payable by the deadline shown on the revised Invoice or, if no deadline is shown, before release or delivery.

4.2 Requests to remove Equipment must be received more than 14 days before the Event Date. Any approved reduction is subject to clause 13 and will not reduce reasonable costs already incurred or committed for your Booking.

4.3 No reductions may be made within 14 days of the Event Date, except where required by law or agreed by us in writing.

4.4 A change to the Event Date, venue, access arrangements, quantity, service scope or Hire Period may require a revised Quote and may result in additional fees.

5. Hire Period and Late Return

5.1 The standard Hire Period is the period between the confirmed collection or delivery time and the confirmed return or collection time shown on the Invoice and must not exceed 4 consecutive 24-hour periods unless we agree otherwise in writing.

5.2 The Customer Pickup and Customer Return times shown on the Invoice are binding. Pickup or return outside those times requires our prior written approval and may incur an additional fee.

5.3 If Equipment is not ready, available or returned by the agreed time, an excess-hire charge applies for each commenced 24-hour period until the Equipment is returned or recovered:

5.4 The excess-hire charge is intended to reflect our additional administration, handling, scheduling disruption and loss of availability. If the applicable charge would be disproportionate to our reasonable loss in the circumstances, it will be reduced accordingly.

5.5 Payment of an excess-hire charge does not transfer ownership of the Equipment or authorise an extension. An extension must be approved in writing.

6. Delivery, Collection and Access

6.1 Unless the Quote expressly includes styling, set-up, pack-down or Bump-in/Bump-out services, Delivery and Collection fees cover transport only.

6.2 You must provide accurate venue access information, including loading restrictions, parking, stairs, lifts, access windows, inductions and contact details. You are responsible for obtaining venue approval and any permits required for the Equipment or services.

6.3 You must ensure the site is safe, accessible and ready at the agreed time. The Equipment must be dismantled where applicable, correctly packed and ready for Collection unless pack-down by our team is included in the Quote.

6.4 Reasonable additional charges may apply for waiting time, additional labour, undisclosed stairs or difficult access, parking, after-hours access, repeat trips, unsuccessful Delivery or Collection, or Equipment that is not ready. Where practicable, we will disclose or obtain approval for these charges before they are incurred.

6.5 If an undisclosed condition creates a safety risk or makes performance impracticable, we may pause or decline the affected work and will discuss a reasonable alternative with you.

7. Transfer of Responsibility and Inspection

7.1 Responsibility for the Equipment transfers to you when it is handed to you, your nominated person, courier or venue, or when Delivery is completed. Responsibility remains with you until the Equipment is physically returned to us or taken back into our possession at Collection.

7.2 If our team retains exclusive possession and control of Equipment while providing an included styling, set-up, pack-down, Bump-in or Bump-out service, you are not responsible for loss or damage caused by our negligence during that period.

7.3 You must inspect the Equipment as soon as reasonably possible after receiving it. Missing items, incorrect quantities or existing damage must be reported with photographs before use and, where reasonably possible, within 4 hours of receipt. This reporting period does not exclude rights that cannot be excluded by law.

7.4 The Equipment remains our property at all times. You must not sell, sub-hire, pledge, alter, permanently attach, dispose of or allow any security interest to arise over it.

8. Care and Permitted Use

8.1 You must use the Equipment only for its intended purpose, follow our reasonable instructions, comply with applicable laws and venue rules, and ensure it is supervised by a responsible adult where appropriate.

8.2 You must protect the Equipment from theft, misuse, fire, water, wind, adverse weather, unstable surfaces and other foreseeable risks. Outdoor use requires our prior approval and an appropriate wet-weather or high-wind plan.

8.3 You must not apply paint, glue, tape, adhesive, labels, nails, screws or other fixings to the Equipment without our prior written approval.

8.4 Candles and flames may be used only in accordance with clause 11, our instructions, venue rules and fire-safety requirements.

8.5 Where candles remain lit after we have completed our services and left the venue, responsibility for their ongoing use, supervision, movement and extinguishment transfers to you. You must ensure that a responsible adult or authorised venue representative continuously supervises all lit candles and complies with our instructions, venue requirements, applicable fire-safety requirements and any manufacturer instructions. Candles must not be moved, altered, left unattended or used with unapproved candleware. To the extent permitted by law, we are not responsible for loss, damage, injury or additional costs caused by the use, movement, supervision or failure to extinguish candles after responsibility has transferred to you, except to the extent caused or contributed to by defective goods supplied by us, our negligence, our failure to exercise due care and skill, or another matter for which liability cannot lawfully be excluded.

9. Damage waiver

9.1 A non-refundable Damage Waiver is applied to all hire items. The Damage Waiver is not insurance and does not remove your duty to take reasonable care of the Equipment.

9.2 The Damage Waiver covers reasonable repair costs for minor accidental damage arising from ordinary use during the Hire Period, up to the amount or limits stated in the Quote or Invoice.

9.3 The Damage Waiver does not cover loss, theft, unexplained disappearance, total destruction, damage beyond economic repair, misuse, negligence, deliberate damage, unauthorised alteration, prohibited candle use, failure to follow instructions, damage caused by weather where suitable precautions were not taken, or damage to packaging.

9.4 We will assess damage reasonably, taking into account fair wear and tear, the age and condition of the Equipment, repairability and the circumstances reported by the Hirer.

10. Lost, Missing or Damaged Equipment

10.1 You must notify us promptly if Equipment is lost, stolen, missing or damaged and provide reasonable information about what occurred. Theft should also be reported to police where appropriate.

10.2 Subject to the Damage Waiver and fair wear and tear, you are responsible for the reasonable cost of cleaning, repair or replacement arising from loss or damage while the Equipment is your responsibility.

10.3 Where replacement is reasonably required, the amount may include the reasonable cost of obtaining the same item or a reasonably comparable item, together with associated freight and recovery costs. We will take reasonable steps to mitigate our loss and, where reasonably available, provide supporting information.

10.4 We will endeavour to notify you of a claim within 7 days after the Hire Period, although some loss or damage may reasonably be discovered later. An amount invoiced under this clause is due 14 days after issue unless disputed in good faith under clause 18.

10.5 If an item invoiced as missing is later returned in substantially the same condition, we will reassess the charge and refund any amount exceeding our reasonable costs and losses.

11. Packaging, Cleaning and Candles

11.1 All packaging, bubble wrap, protective materials and company-branded boxes form part of the Equipment and must be returned in the condition supplied, allowing for reasonable wear and tear.

11.2 You are responsible for the reasonable replacement cost of missing or irreparably damaged packaging.

11.3 Customers who purchase and use candles supplied by us are not charged a wax-cleaning fee for compatible candleware returned with ordinary wax residue.

11.4 If a customer uses candles not supplied or approved by us and candleware is returned with wax or wax residue, a $100 cleaning fee may apply where reasonably required to cover cleaning costs.

11.5 Approved stylists and event-hire businesses using their own candles are charged a non-refundable Industry Candle Usage Fee of $30 + GST instead of the standard wax-cleaning fee, unless the Quote states otherwise. This fee does not cover irreparable damage, excessive cleaning or prohibited candle use.

12. Availability and substitutions

12.1 Bookings are accepted in good faith. If Equipment becomes unavailable because of prior loss, damage, safety concerns or circumstances outside our reasonable control, we will notify you as soon as reasonably practicable.

12.2 We will offer, where reasonably available, a comparable substitute for your approval. If you do not accept the substitute, we will reduce the Invoice or refund the amount paid for the unavailable Equipment.

12.3 If the unavailable Equipment is a material part of the Booking and no reasonable substitute is available, we will work with you on an appropriate remedy, which may include changing the Booking or cancelling the affected part and providing a refund for it.

12.4 We will not reduce confirmed quantities or materially change the Equipment merely for our convenience without your agreement.

13. Cancellation by the Hirer

13.1 A cancellation must be provided in writing. The effective cancellation date is the date we receive the written notice.

13.2 If you cancel more than 14 days before the Event Date, we may retain or charge a cancellation amount from the Booking Fee that reasonably reflects work performed, administration, committed third-party costs, loss of opportunity and other reasonable loss caused by the cancellation. Any part of the Booking Fee exceeding that amount will be refunded.

13.3 If you cancel within 14 days of the Event Date, we may retain amounts paid and recover any outstanding amount only to the extent reasonably required to cover work performed, committed costs and other reasonable loss caused by the cancellation. We will take reasonable steps to mitigate our loss.

13.4 If we re-hire cancelled Equipment for the same period, we will take that into account when calculating our loss.

13.5 This clause does not limit any right to a refund or other remedy under the Australian Consumer Law.

14. Postponement

14.1 A request to change the Event Date is treated as a postponement and must be made in writing. A postponement is subject to Equipment, staffing and transport availability for the new date.

14.2 If we approve the postponement, amounts paid will be transferred to the new date, less reasonable costs already incurred or unable to be transferred. Revised pricing, third-party charges and an administration fee reasonably reflecting the additional work may apply.

14.3 Unless agreed otherwise, the new Event Date must occur within 18 months of the original Event Date. If a suitable date cannot be agreed, the request will be treated as a cancellation under clause 13, subject to clause 15 where applicable.

15. Events Beyond Reasonable Control

15.1 Neither party is liable for delay or failure to perform an obligation, other than an obligation to pay for goods or services already provided, to the extent caused by an event beyond that party’s reasonable control. Examples include government restrictions, venue closure, natural disaster, severe weather, fire, flood, public-health emergency, transport disruption, industrial action or utility failure.

15.2 The affected party must notify the other as soon as reasonably practicable and take reasonable steps to reduce the impact.

15.3 The parties will first try to agree on a reasonable alternative, including rescheduling, reducing the scope or providing a credit. If performance becomes impossible or the Contract is otherwise frustrated, amounts paid will be dealt with according to applicable law, including deduction of reasonable costs already incurred where permitted.

15.4 Nothing in this clause requires either party to act unsafely or unlawfully.

16. Cancellation or Failure by us

16.1 We may suspend or cancel an affected service if you materially breach the Contract and do not remedy the breach within a reasonable period after notice, or immediately where the breach creates an urgent safety, legal or property risk.

16.2 If we cancel for reasons within our control and you are not in breach, we will refund amounts paid for the goods or services not supplied. This does not limit any further remedy available under the Australian Consumer Law.

17. Australian Consumer Law and Liability

17.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in the Contract excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

17.2 To the extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the Contract was made.

17.3 To the extent permitted by law, we are not responsible for loss caused by your misuse of the Equipment, inaccurate or incomplete information supplied by you, an unsafe or unsuitable venue condition outside our control, or the acts or omissions of your venue, guests, suppliers or contractors.

17.4 Nothing in this clause limits liability for personal injury caused by negligence, fraud, wilful misconduct or any liability that cannot lawfully be limited.

18. Concerns and Disputes

18.1 Please notify us promptly of any concern and provide reasonable supporting details. We will review the matter and aim to respond within 10 business days.

18.2 The parties must attempt to resolve a dispute in good faith through direct discussion before commencing court proceedings, except where urgent relief or debt recovery is reasonably required.

18.3 A genuine dispute about part of an Invoice does not excuse payment of any undisputed amount by its due date.

19. Privacy

19.1 We may collect, use and disclose personal information as reasonably required to prepare Quotes, administer Bookings, provide services, process payments, communicate with venues and suppliers, manage claims and comply with law.

19.2 You confirm that you have permission to provide us with the contact details of any nominated person, venue representative or supplier.

20. General

20.1 The Contract is governed by the laws of Victoria, Australia. The parties submit to the courts of Victoria and courts entitled to hear appeals from them.

20.2 A variation to the Contract must be agreed in writing, including by email, by both parties.

20.3 If a provision is invalid or unenforceable, it will be read down to the extent necessary or severed, and the remaining provisions will continue.

20.4 A delay or failure to exercise a right does not waive that right.

20.5 The Quote or Invoice and these Terms record the entire agreement about the Booking, except for any representation or right that cannot lawfully be excluded.

20.6 Notices under the Contract may be sent to the email address or other contact details shown on the Quote or Invoice. You must notify us if your contact details change.