Terms & Conditions

Last updated: June 15th 2025

Terms & Conditions of Hire, Please read these terms and conditions carefully before using Our Service.

1. Definitions

(a) “Agreement” refers to the document titled “Hire Agreement” and forthwith referred to as “the Contract”, and annexed hereto, as well as any other agreements or arrangements between the Owner and the Hirer.

(b) “Artwork” denotes any art, artwork, mirrors, or similar items that may require wall hanging within the Premises.

(c) “Goods” encompasses all items provided by the Owner to the Hirer pursuant to this Agreement, including but not limited to, furniture, Artwork, accessories, soft furnishings, and related items mentioned on page 1 of this Agreement.

(d) “Guarantor” signifies any individual identified on page 1 of this Agreement as guarantor, and any person executing an Agreement with the Owner on behalf of the Hirer.

(e) “Hirer” designates the Hirer specified on page 1 of this Agreement.

(f) “Hirer Goods” refers to any chattels, fixtures, or fittings within the Premises owned or supplied by the Hirer, or by anyone other than the Owner.

(g) “Initial Term” specifies the initial term indicated on page 1 of the Agreement or otherwise agreed upon in writing between the Parties.

(h) “Initial Term Hire Fee” refers to the sum specified as the “Hire Fee for the Initial Term” on page 1 of this agreement, or such other sum as agreed in writing to be payable for the Initial Term.

(i) “Ongoing Hire Fee” indicates the “Ongoing Weekly Hire Fee” specified on page 1 of this agreement or otherwise agreed upon in writing between the Parties.

(j) “Owner” represents DYRE- Decorate Your Real Estate, DYRE PTY LTD

ACN: 679 952 419

(k) “Parties” refers collectively to the Owner and the Hirer.

(l) “Perfected” has the same meaning as it does in the PPSA - Personal Property Securities Act 2009. 12.

It establishes a single national regime to regulate security interests in personal property. This means that the PPSA is applicable across the entire country, including external territories.

(m) “Period of Hire” denotes the Initial Term, any extension of the Initial Term, and any other period during which the Goods are at the Premises or have not been returned from the Premises to the Owner.

(n) “PPSA” stands for the Personal Property Securities Act 2009 (Cth), (The Personal Property Securities Act 2009 (Cth) (PPSA) applies to all states and territories in Australia).

(o) “Premises” specifies the location agreed upon in writing by the Owner as the location where the Goods were to be installed.

(p) “Property” includes any property where the Owner believes the Goods are located.

(q) “Relevant Event” refers to each of the two circumstances specified in clause 12(a).

(r) “Security Interest” holds the same meaning as it does in the PPSA.

(s) “Styling Proposal” means an agreement between the Owner and the Hirer titled “Styling & Purchase Agreement” and is an essential part of these Terms and Conditions.

(t) “Styling Services” indicates styling or design services undertaken by the Owner pursuant to a Styling Proposal.

2. Hire Period and Payment:

(a) The Hirer agrees to hire the Goods for the Initial Term and make them available to the Owner at the expiration of the Initial Term unless the Parties agree that the Period of Hire is to exceed the Initial Term, in which case the Ongoing Hire Fee ‘Shall apply’. The ongoing Fee shall apply and will be the amount quoted by owner.

(This clause outlines the agreement between the Hirer and the Owner regarding the hire of Goods. Specifically, it states that the Hirer agrees to hire the Goods for the Initial Term and make them available to the Owner at the expiration of the Initial Term. If the Parties agree that the Period of Hire is to exceed the Initial Term, then the Ongoing Hire Fee will apply).

(b) The Hirer shall pay the full amount Term Hire Fee to the Owner 7 days before the delivery and installation of the Goods.

(c) The Ongoing Hire Fee for each week of the Period of Hire beyond the Initial Term must be paid by the Hirer to the Owner before the commencement of such a week, with the first day of the first week being the first day after the expiration of the Initial Term.

This clause specifies the payment terms for the Ongoing Hire Fee. It states that the Hirer must pay the Ongoing Hire Fee for each week of the Period of Hire beyond the Initial Term before the start of that week. The first day of the first week is the day immediately following the end of the Initial Term.

(d) The Hirer must provide the Owner with 7 days’ written notice before the end of any Period of Hire, indicating the termination of the Agreement and access arrangements for the Owner to collect the Goods. Failing this, (unless a new hire agreement has been entered into), this Agreement automatically extends for an additional week, and the Ongoing Weekly Hire Fee is payable by the Hirer in advance until the Goods have been returned or collected by the Owner after receiving 7 days’ notice to do so.

(e) If the Hirer enters an unconditional contract for the sale of the Premises (or a conditional contract that becomes unconditional), the Hirer shall immediately notify the Owner, authorising the Owner to collect the Goods even if the Initial Term has not concluded. No part of the Initial Term Hire Fee is refundable to the Hirer because of such early collection.

This clause outlines the procedure if the Hirer sells the Premises. If the Hirer enters an unconditional contract for the sale of the Premises (or a conditional contract that becomes unconditional), they must immediately notify the Owner. This notification authorizes the Owner to collect the Goods even if the Initial Term has not concluded. Importantly, no part of the Initial Term Hire Fee is refundable to the Hirer because of such early collection

(f) Notwithstanding any other provision herein, the Ongoing Weekly Hire Fee shall be payable by the Hirer to the Owner for the entire Period of Hire.

(g) If the Ongoing Hire Fee is not paid strictly per clause 2(c) of this Agreement by the Hirer, the Owner has the right to collect the goods at the expired term of hire if fee is not paid.

3. Delivery & Collection of Goods:

(a) The Hirer is responsible for arranging access to the Premises during normal business hours (excluding public holidays) for the delivery and/or collection of the Goods. If the Owner cannot gain access, the Hirer will identify the Owner concerning any additional costs arising from such inaccessibility or hindrance and do what is necessary to gain access.

(b) The Owner cannot accept responsibility for damages to the Premises or Hirer Goods if no representative on behalf of the Hirer is present at the Premises when the Owner delivers and/or collects the Goods.

(d) The Owner does not allow the delivery and/or collection of the Goods other than by its qualified staff and/or contractors.

(e) Photographs organised by The Hirer are to be scheduled for the day after installation by the Owner.

(f) If the Owner indicates to the Hirer that certain Hirer Goods should be removed or relocated from or within the Premises, then the Owner shall not be required to deliver or install the Goods until such Hirer Goods have been removed or relocated to the Owner’s satisfaction. If such Hirer Goods have not been removed or relocated to the Owner’s satisfaction before the commencement of the Initial Term, then the Hirer shall pay the Owner $200.00 for every hour or part thereof from the beginning of the Initial Term until the time such Hirer Goods have been removed or relocated. The Hirer and the Owner agree that the payments referred to in this clause represent a genuine pre-estimate of the cost incurred by the Owner concerning such delay.

(g) The Hirer acknowledges that the Owner shall not be required to remove or relocate any of the Hirer Goods. Should any such items be needed by the relevant real estate agent or the Owner to be moved, the Hirer agrees to be responsible in all respects for doing so, and all costs that arise or relate directly or indirectly thereto.

(h) Should the Goods include the hanging of Artwork, the Hirer acknowledges that the Owner may use the processes of drilling or employ the use of nails or such other method as the Owner deems fit for hanging such Artwork. It is the responsibility of the Hirer to advise in writing at the time of entering into this Agreement if hooks, nails, screws, or imaging fixtures are not to be used.

4. Access to Premises:

(a) Prior to the delivery and installation of the Goods, the Hirer shall ensure that all tradespeople and painters have completed their work. The Hirer shall be responsible for ensuring that the Premises is entirely safe for access by the Owner for the purpose of delivering and installing the Goods.

(b) The Hirer must immediately inform the Owner of any access difficulties or delays. Failure to notify the Owner of ongoing works at the time of delivery and collection will incur an additional charge of 20% of the Initial Term Hire Fee for lost time and futile delivery or collection. The Hirer and the Owner agree that the charge referred to in this clause constitutes a genuine pre-estimate of the loss or damage to which such charge relates.

5. Change of Address:

The Hirer shall not relocate the Goods from the Premises without the written consent of the Owner. Unauthorized removal of the Goods will be considered unlawful conversion and/or illegal misappropriation. If the Owner cannot locate the Goods, they will be deemed lost, stolen, or destroyed, and the Hirer will pay the Owner on demand the cost of replacement.

6. Usage of Goods:

(a) The Hirer understands that the Goods are provided solely for display purposes and not for domestic or commercial use.

(b) The Hirer shall ensure that the Goods are used safely and appropriately and warrants that they have inspected the Goods to confirm they are in good condition and suitable for the intended purpose.

(c) Before using the Goods, the Hirer shall examine them to ensure quality and fitness for purpose. If the Goods are found defective or unsuitable:

i. They should be returned immediately to the Owner with written notice of the defect or unsuitability.

ii. The Hirer acknowledges that they are not relying on any representations made by the Owner regarding the performance, fitness, or quality of the Goods.

(d) During the Period of Hire, the Hirer is responsible for any loss or damage to the Goods, except that caused by reasonable wear and tear or any deliberate act of the Owner.

(e) If the Goods are not returned or made available per this Agreement, the Owner may notify the police, recover possession of the Goods at the Hirer's expense, and pursue civil or criminal action as necessary. The Owner is not liable for any loss or damage incurred by the Hirer due to such actions.

(f) The Hirer indemnifies the Owner against all actions, claims, suits, demands, or expenses arising from the use of the Goods during the hire period or following termination of this Agreement.

(g) In case of breakdown, failure, defect, or issue with the Goods during the hire period, the Hirer must immediately notify the Owner and not attempt any repairs without the Owner’s consent.

(h) The Owner is not responsible for any expenditure, damage, delay, inconvenience, or loss incurred by the Hirer due to issues with the Goods, regardless of the cause.

(i) The liability of the Owner for breach of any implied warranty under the Competition and Consumer Act 2010 is limited to the replacement of the Goods or the supply of equivalent Goods.

(j) The Hirer is responsible for ensuring the appropriateness of the Goods for the Premises and indemnifies the Owner against any damages, injuries, or losses resulting from the use of the Goods.

7. Cleaning of Goods:

The Hirer will be charged a minimum of $50.00 per item that requires cleaning upon return, including furnishings, rugs, linens, towels, and other items, based on the reasonable judgment of the Owner.

8. Damage to Goods or Premises:

(a) The Hirer agrees to keep the Goods in good order and condition and is responsible for any damage caused to the Goods. The Hirer shall pay the Owner an amount equivalent to the cost of repairing or replacing damaged or lost Goods upon demand.

(b) If the Goods include any Artwork, the Hirer acknowledges that any holes, nails, or fixtures used by the Owner to hang the Artwork will remain after collection and need not be rectified by the Owner.

(d) Subject to clause 12 and fair wear and tear, the Hirer shall indemnify the Owner for any damage to or soiling of the Goods.

(e) If the Owner needs to move the Hirer's Goods for styling purposes, the Owner shall not be responsible for any ensuing damage.

9. Styling Service:

(a) When Goods are provided by the Owner to the Hirer according to a Styling Proposal, all Goods including accessories are at the Owner’s discretion, and changes or substitutions will only be made with the Owner's consent.

(b) Changes to the styling may incur additional charges for selection, delivery, and installation. DYRE Fee Proposals offer 1 free adjustment to installation no large removal or inventory additions.

(c) Photographs taken by the Owner or its agents of the Styling Services at the Premises can be used at the Owner's discretion. Additionally, the Hirer allows the Owner to take their own photography or videography of the Styling Services at the Premises.

(d) The Owner takes no responsibility for Hirer Goods brought to the Premises by the Hirer after the installation of the Goods. The Hirer must ensure any Hirer Goods do not get collected with the Goods during collection.

10. Ownership of Goods:

(a) The Hirer and the Owner agree that the Goods shall remain the property of the Owner.

(b) The Goods shall remain the property of the Owner regardless of their annexation to other property, and the Hirer shall allow the Owner to remove the Goods if required.

(d) If the Agreement or any aspect thereof constitutes a Security Interest, the Hirer shall comply with the requirements to ensure enforceability and effectiveness.

(e) If the Owner’s interest under this Agreement is a Security Interest for the purposes of the PPSA, it relates to the Goods and all proceeds, and each agreement constitutes a security agreement for PPSA purposes.

(f) Upon request, the Hirer must provide details of the location of the Goods and the identity of any sub-lessee or third party possessing the Goods.

(g) For the purposes of section 20(2) of the PPSA, the Goods constitute collateral, and this Agreement is a security agreement.

11. Right of Owner to Terminate Agreement and Retake Possession:

(a) If any payment remains unpaid for more than 7 days or there is any breach of the Agreement, the Owner may terminate the Agreement and retake possession of the Goods.

(b) The Hirer consents to the Owner or its agents entering the Premises or any property where the Goods are believed to be located, using reasonable force if necessary, to collect the Goods. The Hirer waives any claims against the Owner for damages connected with retaking possession.

(c) The Hirer indemnifies the Owner against all claims arising from the retaking of possession and agrees to cover all associated costs.

(d) The Owner may terminate the Agreement and collect the Goods if:

i. The Hirer fails to pay hiring charges when due;

ii. The Hirer compromises or damages the Goods;

iii. The Hirer becomes insolvent or bankrupt, or an administrator is appointed;

iv. The Hirer breaches any part of the Agreement.

12. Risk Protection:

(a) This clause applies if:

i. The Hirer notifies the nearest Police Station within 48 hours of the Goods being stolen or vandalized due to forced entry.

ii. Goods are damaged by fire and reported to the Police within 48 hours.

iii. Severe weather events and unforeseen Act of God.

(b) This clause does not apply if the Relevant Event was caused by the negligence or willful acts of the Hirer or their agents.

(d) The Hirer shall not be liable for any Relevant Event if compliant with this clause, and the Owner shall not seek recovery for losses from the Hirer under these circumstances.

13. Overdue Charge:

The Hirer agrees to pay any fees related to overdue funds, including interest, dishonour fees, collection fees, and legal expenses. Any free hire weeks provided in the Initial Term will be revoked if legal action commences or payments are overdue.

14. Taxes:

The Hirer agrees to pay all applicable taxes, duties, or charges under Australian law, whether existing or introduced post-contract, including GST and Stamp Duty.

15. Cancellation of Hire:

If the Hirer notifies the Owner in writing about the wish to cancel the Agreement before the delivery of the goods to the premises, and provided the Initial Term Hire fee has been paid, the Owner will partially refund the Initial Term Hire fee as follows:

· 25% of the Initial Term Hire fee will be refunded if the notification is received within 24 hours of the business day before the scheduled delivery date;

· The Owner will refund the deposit held for goods.

16. Guarantee:

(a) The Guarantor agrees to guarantee to the Owner the performance and observance by the Hirer of all obligations under this Agreement.

(b) This is a continuing guarantee and binds the Guarantor regardless of:

i. The subsequent death, bankruptcy, or liquidation of any Party.

ii. Any indulgence, waiver, or extension of time granted by the Owner to the Hirer or Guarantor.

(c) If there is any breach by the Hirer or Guarantor covered by this guarantee, including non-payment, the Owner may recover the amount as a debt or damages from the Guarantor without needing to institute legal proceedings against the Hirer or exhaust the Owner’s rights against the Hirer.

17. Assignment:

The Hirer must not sell, transfer, assign, part with possession, mortgage, charge, encumber, or deal with the Goods or any rights under this Agreement without the Owner's prior written consent.

18. Non-denigration:

The Hirer must not disclose or make public statements about this Agreement, the Owner, their conduct, or the Goods. If the Hirer fails to return the Goods as required in clause 6(c)(i), they warrant not to disparage or negatively comment on the Goods.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

· By email: kylie@decorateyourrealestate.com