Definitions and law
“Collection Date” means the date stated in your Quotation for the collection of the Goods;
“Event Date” means the date of the event stated in your Quotation;
“Event Decor” means the event décor stated in your Quotation;
“Goods” mean all linen, props, décor to be sold/hire by La Flaire to you which shall include Loan Items and other items set out in your Quotation;
“La Flaire” means La Flaire Sdn Bhd of No. 60, Jalan 17/5, 46400 Petaling Jaya, Selangor;
“Loan Items” means the Loan Items set out in your Quotation;
“Recipient” means the person, firm, company, corporation or public authority to whom the goods are delivered, when it is not you;
“Minimum Contracted Amount” means the minimum contracted amount referred to in your Quotation;
“Rental Fee” means the rental fee stated in your Quotation;
“Security Deposit” means the refundable deposit being 30% of the Rental Fee due to La Flaire in respect of the Loan Items; and
“Quotation” means the quotation issued to you by La Flaire.
These terms and conditions set out these conditions and all other details about your agreement with La Flaire. These conditions exclude any terms and conditions you may have put forward, except where La Flaire has agreed to any amendments or other conditions in writing. All terms and conditions will be deemed to be agreed and accepted once the job is executed and binding on you even if you fail to sign on the Quotation prior to the Event Date. Any dispute or changes will have to be made with signed amendments prior to the commencement of the Event.
Where applicable, all defined terms in this terms and conditions shall refer to the defined terms as set out in your Quotation. The Quotation to these terms and conditions, shall be taken, read and construed as an essential part of your agreement with La Flaire. For the avoidance of doubt, where the Quotation has not been confirmed by the Client within 14 days of its issue, La Flaire reserves the right to alter the products and prices in the Quotation.
Credit Accounts/Payment
A non-refundable Deposit being 50% of the Rental Fee is required for confirmation of the order and approval of the Quotation. The balance 50% of the Rental Fee and the Security Deposit (hereinafter defined) shall be due on the Delivery Date. Payment can be made by cash or cheque.
A refundable deposit being 30% of the Rental Fee is required for the Loan Items (“Security Deposit”). The Security Deposit shall be refunded to you upon La Flaire’s receipt of the Loan Items in accordance with the provisions set out in below.
For the avoidance of doubt, the Rental Fee shall only be in respect of the rental of the Goods and does not include any provision of flowers, delivery charges and labour charges for setting up, and La Flaire may assist to arrange for or recommend such services however the cost of all such additional services shall be borne by you.
All crossed cheques should be made payable to LA FLAIRE SDN BHD. Please include bank charges of 0.03% or RM 0.50 (whichever is higher) for outstation cheques. A charge of 10% of the total fee will be imposed on cheques returned for any reason.
Alternatively, payment can be made via telegraphic transfer to the following account
ACCOUNT NAME : LA FLAIRE SDN BHD
ACCOUNT NUMBER : 5122 3134 3979
SWIFT CODE : MBBEMYKL
BANK NAME : Malayan Banking Berhad (MAYBANK)
ADDRESS : 8 & 10, Jalan SS 2/63,
47300 Petaling Jaya,
Selangor Darul Ehsan.
Alterations
While alterations of orders are permitted, in the event that any further décor is required or there is any alteration in the job description or services required for the Event and subject to the product availability, additional charges may be payable. La Flaire shall inform you of such additional charges and any impact on timelines and shall not be obliged to carry out these changes or additional work until written agreement is reached on the additional charges. You shall pay all quoted and agreed expenses and charges arising from any alteration of the original job description.
Cancellations
Cancellation of complete orders within 07 days of the Delivery Date will incur a hire charge being 75% of the Rental Fee. Cancellation of complete orders more than 07 days prior to the Delivery Date will incur a hire charge being 50% of the Rental Fee. 100% of the Rental Fee will be chargeable for cancellation within 48 hours prior to the Event.
Where La Flaire terminates this Agreement in the event of a breach of this Agreement by you or where excessive demands by you is likely to adversely affect the quality of the Event and damage the reputation of La Flaire, the 50% Deposit and Security Deposit shall be returned to you and La Flaire shall be released from all contract obligations, and shall in no way be held responsible or liable in any manner whatsoever for non-performance.
Limit of our liability
La Flaire will not be liable for any delays caused by any circumstances beyond La Flaire’s control and shall not be responsible for any indirect loss, loss of business, profits, expected savings, wasted money, fees or expenses, wages, due to late collection/delivery, non-delivery, non-collection, unsuitability, breakdown or stoppage of the Goods or any part of them. All times stated or quoted for delivery/collection are approximate.
La Flaire warrants and declares that every effort will be made to provide high quality services. You fully understand and agree that La Flaire shall not be responsible or held liable in the event La Flaire is prohibited from providing event day services due to illness, hospitalization, auto accident, transportation breakdown/disruption, traffic difficulties, acts of God such as inclement weather or other unforeseen incapacitation or other cause of non-arrival on the day of the Event. La Flaire will make every attempt to notify you and to provide for a substitute decorator who can provide services if time and resources permit.
In any event, La Flaire, its agents and assigns shall NOT be held liable for any compensation or any damages (including punitive) due to non-performance of any services resulting from such incapacitations, non-arrival, errors and/or omissions of any type. In no event shall La Flaire (and/or its related entities), officers, directors, employees, or agents, be liable to you for any damages howsoever resulting from any errors or omissions in any content or for any loss or damage or claims of any kind incurred as a result of you engaging La Flaire or the negligence, or acts or omissions of you and/or your family, friends, guests, contractors, workmen, other vendors, suppliers), whether based on warranty, contract, tort, or any other legal theory, and whether or not La Flaire is advised of the possibility of such damages. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
Indemnity
You shall indemnify and hold La Flaire harmless against and all actions, proceedings, demands, claims, liabilities or damages, costs or expenses whatsoever or howsoever arising as a result of any omission, breach or non-compliance by you of these terms and conditions , including without limitation, those arising from or in connection with third party claims for breach of contract, defamation, failure to obtain the relevant licenses, the infringement of any patent, trademark, copyright or other intellectual property rights.
Risk to Goods
The risk in the Goods will pass to you immediately on delivery of the goods to you or the Recipient. It is your responsibility to ensure that the Goods are fully covered by insurance with regard to theft, damage, and public liability risks. The sale price of the Goods shall be the cost of replacement.
Although every possible care will be taken to produce beautiful interior décor, linen, props and/or floral arrangements for the Event, La Flaire cannot place an unconditional guarantee on the above. La Flaire will not be held responsible for any ruined décor, linen, props and/or floral arrangements due to your negligence (or any other); or any other ruined décor due to any other cause in or outside of La Flaire’s control.
Mixing and Matching
You understand that while La Flaire may recommend a colour-theme/ scheme set for you, where you decide to choose to creatively mix and match the colours for the Event, the different fabrics used may incur different rental fees and you shall bear the cost of such increased rental fees.
General Conditions
La Flaire shall make its best efforts to supply you with the Goods requested, but La Flaire reserves the right to supply you with similar goods, linen or products of equal or greater value as set out in the Quotation in the event that any Goods, linen or products become unavailable at the time of production.
All Goods for hire remain the property of La Flaire. All Goods for sale remain the property of La Flaire until full payment in full has been made. It is your responsibility to check the Goods on delivery and to notify us of any discrepancies between Goods supplied and Goods ordered. Complaints made after the return of the Goods will not be considered. Deliveries to third parties or unoccupied premises are made entirely at your risk.
Where any Goods are required to be delivered by registered post, where you receive damaged Goods, all relevant documentation is to be retained. La Flaire requires that any damages are noted on the delivery note at the time of delivery and all other damage claims must be reported to La Flaire within 24 hours of taking delivery.
You shall bear all delivery/ postage charges incurred.
Rights Reserved
Any failure by us to enforce any or all of these conditions shall not amount to or be interpreted as a waiver of any of our rights.
Damage to Goods and Loss of Goods
The Parties agree that the Event Décor as set out in the Quotation is on loan from La Flaire (“Loan Items”). You agree that La Flaire shall at all times retain ownership and title of the Loan Items. You understand and agree to assume all risks of loss or damage to the Loaned Items from any cause, and agree to return it to La Flaire in the condition received from La Flaire within 7 days from the Event Date.
An inventory check shall be conducted by La Flaire upon collection/ receipt of the Loan Items after the Event and you shall be notified of any such damage to the Goods within 10 working days of La Flaire’s collection/ receipt of the Goods. Where the Loan Items are damaged or lost, you shall be required to reimburse La Flaire for the cost of the Loan Items as set out in the Quotation. You will be required to reimburse La Flaire the cost of any Loan Item, in particular, linen items, where they are returned carrying hole(s) larger than ¾ inches in diameter or suffering any other major type of damage including mildew damage and stains which cannot be removed by La Flaire. Where you fail to reimburse La Flaire within 7 days upon receipt of La Flaire’s invoice for the damaged and/or lost Loan Items, La Flaire shall be entitled to forfeit the Security Deposit.
Orders
Orders can be placed by telephone, e-mail or by fax. All orders must be confirmed either by fax or e-mail. With regards to straightforward product rentals, confirmation must be made at least 1 week prior to the Event. With regards tocouture and designs for themed-events, confirmation of orders must be made at least 3 – 6 months in advance for La Flaire to conceptualize and customize the required designs for you.
Co-operation
The Parties agree to positive cooperation and communication for the best possible results. You shall arrange for someone from the venue to liaise with La Flaire for the installation of the décor and design and for the receipt/ collection of any delivery by La Flaire. La Flaire is not responsible for key individuals’ failure to be present or to cooperate during the Event. Although all efforts to negotiate with the venue officiant or site management the ceremony officiant or the reception site management or venue mangement shall be made by La Flaire, La Flaire is limited by the guidelines of the venue officiant or site management the ceremony officiant or the reception site management or venue mangement. You agree to accept the results of their imposition on La Flaire.
Deliveries and Collections
Delivery of Goods will normally be 04–06 hours prior to the commencement of the Event unless specified otherwise. La Flaire will collect all Goods on hire immediately upon completion of function. It is important to ensure that your Recipient is available at the delivery/collection location to sign for the Goods. You must be available or appoint your Recipient to receive or return all Goods during our delivery or collection of Goods at time and date agreed upon. The name and contact number of the appointed Recipient is to be given to La Flaire prior to delivery.
The charges for the delivery of Goods (other thanthe chiavari chairs and bulky decorative props) are as follows:-
(a) Within Petaling Jaya / Kuala Lumpur = RM50 for a return trip
(b) Outside of Petaling Jaya / Kuala Lumpur = RM80 for a return trip
(c) Outside of Selangor / Wilayah = courier charges will apply – depending on weight of products rented
(d) Outside of Malaysia = courier charges will apply – depending on weight of products rented
The charges for the delivery of Goods such as chiavari chairs and bulky decorative props are as follows:-
- Within Petaling Jaya / Kuala Lumpur:
1 ton lorry for 1 trip during day time RM100
1 ton lorry for 1 trip + midnight surcharge RM140
3 ton lorry for 1 trip during day time RM200
3 ton lorry for 1 trip + midnight surcharge RM250
Optional: charges for mover is RM80 per person, per trip
b) Outside of Petaling Jaya / Kuala Lumpur = please enquire with our sales representatives
c) Outside of Selangor / Wilayah = please enquire with our sales representatives
Labour cost to set up (a) table linen (b) chair sash (c) arrangement of decorative props rented, is RM200 per staff at the Event.
Linen Returned Unused
There will be no refund / credit for any Goods that are returned/ unused.
Minimum Amount
All prices quoted are based on a Minimum Contracted Amount. Should the Minimum Contracted Amount be reduced, La Flaire reserves the right to re-quote and review all rates.
Marketing and Promotion
You agree to give La Flaire permission to use any and all images, both photographic prints and digital images and videos or other recording media, in their advertising, studio, literature, event exhibitions, editorial, trade or any other purpose and in any manner and medium. You hereby release La Flaire and its legal representatives and assigns from all claims and liability relating to said photographs, videos or other recording media. It is agreed that La Flaire may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by La Flaire. You acknowledge that this is for promotional purposes only and do not expect any compensation of any kind. There shall be no expiration period for this permission.
Your Responsibility
For the avoidance of doubt, you are responsible for making the necessary payments and obtaining the relevant consents from the relevant authorities in respect of deposit payments; license fees; copyright clearance and obtaining the relevant insurance coverage for the Event.
Terms of Use of this Website
GENERAL
This website is owned and operated by La Flaire Sdn Bhd.
These Terms constitute a legal agreement between La Flaire and you. By accessing www.laflaire.com (“this website”), you affirm that you are either more than 21 years of age, or possess legal parental or guardian consent, and are fully able and competent to legally enter into the Terms, and unconditionally accept to be legally bound by these Terms. You are only authorised to use this website if you agree to abide by this Agreement. Please read these Terms carefully as your entry, access and use of this website is governed by these Terms and by entering, accessing and using this website, you agree to and accept the terms and conditions contained herein. If you do not agree with and to these Terms, you must immediately leave this website and discontinue using it and any of the services provided therein.
In case of violation of these Terms, La Flaire reserves the right to seek all remedies available by law and in equity for such violations. These Terms and apply to all visits to this website, both now and in the future.
La Flaire reserves the right to change these Terms from time to time at its sole discretion. All changes will be posted on this page and your use of this website after such changes have been posted will constitute your agreement to the modified Terms and all of the changes. You should therefore read the Terms carefully each time you visit this website.
This website is controlled and offered by us from our facilities in Malaysia. We make no representations that this website is appropriate or available for use in other locations. Those who access or use this website from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws.
In order to participate in certain activities or services offered on this website, you may be notified that you are required to download software or content and/or agree to additional terms and conditions applicable to such services in which you choose to participate.
These Terms shall be construed and governed by the laws of Malaysia and by accessing this website, you agree and submit to the non-exclusive jurisdiction of the courts of Malaysia.
RESTRICTION ON USE OF MATERIALS
All rights, title and interest in the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, moving images, sound, illustrations, and software (“Contents”), are either owned or controlled by La Flaire or licensed to it.
All Contents and the general design and content, are protected by copyright, trademark and other laws relating to intellectual property rights.
No materials from this website may be modified, used, displayed, reproduced, republished, and/or distributed in any way whether for commercial or non-commercial purpose, without the prior written permission of La Flaire.
You shall indemnify La Flaire against any losses, expenses, costs, or damages incurred as a result of your breach of the Terms or your unauthorized use of the Contents and related rights.
2.1 We grant you permission to use the Contents strictly in accordance with these Terms, provided always that:
(a) your use of this website and the Contents as permitted is strictly and solely for your information and for your personal use for the purchase of the products sold by us (“Approved Use”);
(b) you will not sell, copy, reproduce, distribute, transmit, broadcast or adapt any part of this website and the Contents in any medium or format without our prior written consent;
(c) you will not alter or modify any part of this website other than as expressly permitted by us;
(d) you will retain and display the credits and copyright notices (including without limitation to our name, bylines and the original source of the Contents) and/or trademarks belonging to La Flaire provided with the Contents;
(e) upon notice from us, you will forthwith cease the use of and delete or otherwise remove any Contents from your premises, computer system or other forms of storage (whether physical or electronic) and databases; and
(f) you will otherwise comply with the terms and conditions of these Terms.
NO REPRESENTATION
This website has been compiled in good faith by La Flaire, but no representation is made or warranty given as to the completeness and accuracy of the information presented.
DISCLAIMER
You agree that your use of the website and the content shall be at your sole risk. To the fullest extent permitted by law, la flaire (and/or our related entities), our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. La flaire makes no warranties or representations about the accuracy or completeness of the website's content or the content of any sites linked to this site and assume no liability or responsibility for any:
(a) errors, mistakes, or inaccuracies of content;
(b) death, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website;
(c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication, or any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(d) any interruption or cessation of transmission to or from our website, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any equipment due to technical problems or traffic congestion on the internet or on any of the website or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the website;
(e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party; and/or
(f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content uploaded, posted, e-mailed, transmitted, or otherwise made available via the website.
La flaire does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and we are and will not be a party to or in any way be responsible for any transaction between you and third-party providers of products or services. As with the acquisition of information and purchase of a product or service through any medium or in any environment, you should use your best judgment, exercise caution where appropriate, and if need be, seek independent legal advice.
La Flaire does not warrant or make any representation regarding the correctness, reliability, or otherwise of any materials in this website or the results of their use.
La Flaire does not warrant that the materials contained in this website or this server that it makes available is free of any virus or harmful elements.
All Contents are provided without any warranty and on an “as is where is basis”- any use of the materials is at your own risk. La Flaire disclaims all warranties and representations, whether express, or implied, by law or statute - in particular the warranties disclaimed include but are not limited to implied warranties concerning merchantability, satisfactory quality or fitness of the materials for any particular purpose and/or that the materials does not infringe any third party right.
The electronic transmission of any document or information from you through or to us is entirely at your own risk.
Limitation of liability
In no event shall la flaire (and/or our related entities), our officers, directors, employees, or agents, be liable to you for any damages howsoever resulting from any:
(a) errors, mistakes, or inaccuracies of content;
(b) death, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website;
(c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication, or any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(d) any interruption or cessation of transmission to or from the website, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any equipment due to technical problems or traffic congestion on the internet or on any of the website or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with this website;
(e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through this website by any third party; and/or
(f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content uploaded, posted, e-mailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.
The foregoing limitation of liability shall apply to the fullest extent permitted by applicable laws.
To the maximum extent allowed by applicable law, under no circumstances, including, but not limited to negligence, shall La Flaire be liable for any damages (including without limitation any special or consequential damages) that result from the use of, or the inability to use, any of the Contents. Any website may include technical inaccuracies or typographical errors. To the extent any law does not allow the above disclaimer or renders the above disclaimer invalid, the maximum amount that La Flaire may be liable for shall not in any case exceed the lower of the actual amount paid by the relevant user/claimant to La Flaire or RM1.
La Flaire reserves the right to update or modify this website from time to time. Changes may be made to the website from time to time at the discretion of La Flaire.
La Flaire further reserves the right to deny or restrict access to this website to anyone at anytime and/or to block access from a particular internet address to this website, at any time, without ascribing any reasons whatsoever.
Indemnity
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless us, our affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:
(a) your use of and access to our Website;
(b) your violation of any term of these Terms; or
(c) your violation of any third party right, including without limitation any intellectual property, property, or privacy right.
This Clause will survive these Terms and your use of this website.
NO AGENCY
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is created by this Agreement.
NOTICE
Except as explicitly stated otherwise, any legal notices shall be served at No.31A, Jalan SS21/56B, Damansara Utama, 47400 Petaling Jaya, Selangor Darul Ehsan. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing unless otherwise required by law.
Assignment
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without any restriction whatsoever.
General
These Terms and any other terms and conditions incorporated hereunder, shall constitute the entire agreement between you and us concerning our Website.
The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms operate to the fullest extent permissible by law. If any provision (or any part thereof) of these Terms is unlawful, void or unenforceable, that provision (or such part thereof) is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision. |
