1. Acceptance of Rental Terms and Conditions
These Rental Terms and Conditions that follow govern your use of Hong Kong Toy Club services. By renting items from Hong Kong Toy Club and/or engaging or using any Hong Kong Toy Club service, you accept and agree to be bound by these Rental Terms and Conditions set herein. Please read them carefully.
2. Changes to Rental Terms and Conditions
Hong Kong Toy Club reserves the right, from time to time, with or without notice to you, to change these Rental Terms and Conditions at our sole and absolute discretion. The most current version of the Rental Terms and Conditions will supersede all previous versions. Your use of the HongKongToyClub.com website or continued use of our service after changes are made means that you agree to be bound by such changes.
By renting toy(s), rental items and/or engaging any service(s) from Hong Kong Toy Club, you will also be referred to as the “hirer” in the content below.
3. How does Hong Kong Toy Club work?
a. Select the toys and/or rental items on our website that you would like to hire.
b. Email us your order along with your party details (date, time, duration, venue, age group and number of children attending) to firstname.lastname@example.org
c. Your order will be verified and confirmed via email/phone shortly.
d. A deposit amount equivalent to 50% of the total rental amount is required as confirmation of your order. This can be done via credit card (via PayPal), cheque deposit or ATM transfer into Hong Kong Toy Club's bank account.
e. Delivery will be arranged. See delivery fee chart here.
f. Balance amount is due and will be collected upon delivery and/or setup of the rented items.
· When ordering /renting from Hong Kong Toy Club, you, the hirer, will receive confirmation of your order via email. Kindly ensure that the email address you provide is correct and the email account is working properly. You should also add our email address, email@example.com, to your contact list/white list so that our emails do not go into spam.
· We make every effort to ensure that product and price details are accurately and correctly displayed on the www.hongkongtoyclub.com website. However, we cannot be held responsible for their accuracy. It is your responsibility to check the details of the products before placing an order as the products and/or their specifications may have changed since you last viewed them on our website.
· All products displayed on the www.hongkongtoyclub.com website are subject to availability. You may wish to check with us on specific product availability before placing your order.
· Prices and stock are not contractually confirmed until you receive the confirmation of rental sent to the email account provided by you. Any contracts or agreements formed between yourself and Hong Kong Toy Club shall be governed and construed according to Hong Kong law and any disputes or proceedings shall be subject to the exclusive jurisdiction of the Hong Kong courts.
· Please note that we will only deliver for a minimum toy order amount of HK$1,200 per order.
5. Payment Terms
· We require a deposit amount equivalent to 50% of the grand total rental/service fee as confirmation of an order. Only with the 50% deposit will delivery be arranged and scheduled.
· For orders consisting of only services such as party entertainment, cakes, party decorations, balloons, etc., full payment of grand total service fee is require to confirm and secure the order.
· The balance amount, where applicable, is due upon our delivery and/or setup of the hired item(s), not after the booking is over. The balance amount can be paid in cheque or cash. Should the balance amount be unreasonably withheld from us when the hired item(s) are handed over to the hirer, we reserve the right to retrieve and pack-up the hired item(s) and thereafter depart from the venue without further notice. The hirer agrees not to hold Hong Kong Toy Club responsible for any consequences, losses, damages and/or any liabilities arising out of such actions taken by Hong Kong Toy Club due to the hirer's non-payment.
6. Payment Methods
· Payment can be made via cheque deposit, ATM transfer, Internet Banking transfer to our bank account or by credit card via PayPal. There is no surcharge for payment by credit card.
· After payment has been made, the hirer should provide the appropriate proof of payment (bank-in slip, payment receipt, deposit slip, transfer note, etc.) to us for onward processing of the order.
· No payment proof is required for credit card payments as we will receive notification directly from the payment service.
7. Rental Period
· Unless otherwise stated, all toys and other available items on HongKongToyClub.com are rented out for up to 3 hours. This rental period is for your exclusive use of the toys and does not include setup and take-down time. Delivery and setup will be done prior to the start of the rental period and take-down will be done after the rental period.
· The rental period may be extended with a surcharge of 15% per item per hour.
8. Delivery Charge
· We will only deliver and setup for a minimum toy order amount of HK$1,200.00 per order.
· There will be a delivery charge, depending on the delivery address. See delivery fee chart here.
· The delivery charge does not depend on the number of items ordered. However, if the number of items hired requires a delivery truck instead of our usual delivery van, the delivery fee will be adjusted accordingly. See delivery fee chart here.
· Please note that delivery charges do not include parking charges, which will be collected at cost per order, where applicable.
· Due to the weight and bulk of many of our toys and rental items, deliveries which require stair-climbing, long distances to/from unloading/loading area, steep slopes, etc. are considered challenging deliveries and will attract additional fees of HK$50 per 45 kg (100 pounds) per flight of stairs (we consider a flight of stairs consisting of 5 or more consecutive steps) per item per way or HK$50 per 100m (or part thereof) per item per way.Some toys may weigh more than 100 kg each and going up and down stairs can be a significant challenge or impossibility. Such circumstances will need to be assessed on a case-by-case basis.
· If we are not informed of challenging delivery situations in advance, we cannot guarantee that setup can be made in time or at all.
9. Rental by Events Companies / Public Events
· Rental Prices displayed on the website are only applicable for private parties. For corporations, businesses, event companies, non-profit organizations and public events, separate rental charges apply. Please email us at firstname.lastname@example.org.
10. Cancellation or Postponement of Order
· At least two weeks’ notice is to be provided by the hirer for any cancellation of order, otherwise, there will be no refund of advance payment. A HK$300 administrative fee is payable for any cancellation of orders.
· Any cancellation or postponement notice must be given via phone AND email to email@example.com to ensure the notification is received.
· If an outdoor party is to be cancelled due to a weather forecast of rain on the party day as issued by the Hong Kong Observatory, any advance payment, minus a $300 administrative charge, will be refunded provided the cancellation is made with at least 7 days' notice. If cancellation is made with less than 7 days' notice, there will be no refund of any advance payment. The 7 days' notice is waived only in the event that the Hong Kong Observatory issues a Typhoon/Tropical Cyclone Signal above (and not including) number 3, on the party day, in which case a refund of any advance payment minus $300 administrative charge will be made.
· A booking can be postponed due to bad weather conditions (Hong Kong Observatory's rainstorm, thunderstorm, or Typhoon/Tropical Cyclone warnings) or extenuating circumstances. For such postponements, the hirer must provide advanced notice by phone and email at least 5 hours prior to the original party start time. Provided the required advanced notice is given by the hirer, any advance payment will be held for the party at a later date. The hirer should note that the toys and/or hire items are subject to availability on the later party date.
· For postponed bookings, no cancellation will be accepted for bookings made after the postponement. There will be no refund of any advance payment for postponed bookings.
11. Wet Weather Conditions
· Please note that in the event that rain has been forecasted for the day of the order, the toys/items hired WILL ONLY be set up in an indoor venue. The hirer should allow for alternative indoor venue in such an event.
· A cleaning charge of 50% of the hired item’s rental amount will be imposed on the hirer if the hired item is returned in conditions that require extensive cleaning, drying or extended periods of cleaning and/or drying. The same is applicable if the toy or hired item is returned wet, for example, by the rain.
· All electric equipment (for example, bouncy castle air blower, electric power extension cords, etc.) must be kept dry and are strictly prohibited from operating under wet conditions or where there is potential of the equipment getting wet.
· No setup will be done outdoors should the Hong Kong Observatory's rainstorm, thunderstorm, or Typhoon/Tropical Cyclone warnings (T1 and T3 excluded) remain in force. We care for your children, our staff, and our toys and equipment.
· The hirer should note that the total rental amount is fully earned and due when the hired items are delivered to the hirer's location, even if they are not setup or used due to bad weather conditions or otherwise.
12. Toy Care and Safety Policy
The Hong Kong Toy Club is committed to cleaning and fully sanitizing each toy and rental item before it is rented out.
The hirer agrees to adhere to the following Toy Care Policies:
a. Use the toy for its intended usage only and in an appropriate environment only.
b. Use age-appropriate toys for the different age groups and keep to the specified player weight limit for each toy.
c. Ensure that toys are kept clean and to wipe down any toys with visible debris (i.e. food, dirt, water, debris, grass, sand, etc.) before returning them back to the Hong Kong Toy Club. A cleaning charge of 50% of the hired item’s rental amount will be imposed on the hirer if the hired item is returned in conditions that require extensive cleaning, drying or extended periods of cleaning and/or drying. The same is applicable if the toy or hired item is returned wet, for example, by the rain.
d. Do not stick or attach any materials to toys.
e. Toys and items must be returned to us as-is, where-is, when they were handed over to the hirer. Special attention should be given to small air-filled balls to ensure they are all in one place for collection. Should the balls be scattered, an additional ball recovery charge of HK$100 will be levied. Please also note that lost balls will attract a replacement fee as stated on the invoice.
Further to the Toy Care Policies above, here are our policies specifically for Bouncy Castles and/or Inflatables:
f. In the event of a thunderstorm warning, the hirer must ensure that all users are removed from the bouncy castle until the warning has been lowered or cancelled. This applies if the bouncy castle is hired for outdoor use.
g. In the event of rain, the hirer must ensure that the users take additional care when mounting and dismounting from the bouncy castles. Special attention should also be given to the air blower and the electrical supply to ensure that this it is not in contact with water. This applies if the bouncy castle is hired for outdoor use.
h. Children and unauthorized personnel must be kept away from the bouncy castle air blower as well as the electrical supply cable and plugs AT ALL TIMES.
i. If the bouncy castle air blower must be turned off for whatever reason, the appropriate care must be taken to ensure that nobody is in or around the bouncy castle that will be deflated.
j. No smoking is allowed in or around the bouncy castles.
k. Each bouncy castle is designed for a specific maximum load. The number of users and their respective ages allowed on the bouncy castle should be restricted to the maximum recommended number which is shown on the item description on our website and/or advised to you at the time of hire or on the day of hire.
l. No chewing gum is allowed in the bouncy castles.
m. No food or drink allowed in the bouncy castles. Please do not feed your children in the bouncy castle.
n. No shoes, objects foreign to the bouncy castle, or sharp objects such as glass, belt buckles, jewellery, spectacles, etc. should be worn by the users (whether young or old) or brought into the bouncy castle.
o. Responsible and competent adult supervision of the use of the bouncy castle(s) must be maintained at all times by the hirer or person(s) appointed by the hirer.
p. In the event of strong wind conditions that may render the bouncy castle(s) unstable, the hirer must ensure that all play on the bouncy castle must cease and all players removed from the bouncy castle(s).
13. Party Assistant Scope of Work
Party Assistants serve only to assist the customer with his/her party needs. Party Assistants are not ultimately responsible for the toys/services hired by the customer and are not responsible for any outcome of the party.
Party Assistants are also not responsible for items that do not belong to Hong Kong Toy Club. Party Assistants are also not responsible for the safety and well-being of any person(s) that may or may not be associated with the customer during the Party Assistants’ course of work assisting the customer.
The hiring of our Party Assistant service cannot serve as insurance against any toy damage.
The safety and dignity of Party Assistants remain paramount to us. Our Party Assistants cannot work under conditions that may compromise their health, safety, and dignity.
The scope of work of a Party Assistant is limited to the following:
· Assist with venue decoration.
· Assist with venue layout.
· Assist with balloon blowing.
· Assist with supervising and assisting children as they play with Hong Kong Toy Club toys.
· Assist with battery changes for Hong Kong Toy Club ride-on toys where applicable and when necessary.
· Where there are large numbers of children, assist with the regulation of children traffic as they access Hong Kong Toy Club toys. This includes limiting time on toys, getting the children to queue up and take their turns to use toys.
· Party Assistants serve as adult supervision of children and thus, will exert authority as adults where necessary to ensure the safety of children and proper use of toys.
· Party Assistants may require refreshment break(s) and/or washroom break(s) from time-to-time. The customer will be informed accordingly and the Party Assistant(s) should be reasonably excused for short periods of absence from the venue.
The following are not part of the work scope of Party Assistants:
· Any form of entertainment
· Individual child-minding or childcare
· Organizing cake-cutting or song-singing
· Clearing up and/or cleaning up the venue
· Handling non-Hong Kong Toy Club items
· Supervising the use of non-Hong Kong Toy Club items
· Troubleshooting non-Hong Kong Toy Club items
14. Damage to Hired Items and Compensation
· It is the hirer’s responsibility to check and ensure that the hired items are received and taken over in good and working condition. Upon taking over the item(s) (by signing on the Hong Kong Toy Club invoice), the hirer assumes responsibility for the hired item(s), their proper and safe use, as well as any damages that may arise during the hirer’s rental period. This condition is NOT DEPENDENT on whether Party Assistants are provided by Hong Kong Toy Club or not.
· It is the hirer’s responsibility to inform Hong Kong Toy Club immediately at the onset of any damage, problem and/or issue with the hired item(s). Use of the problematic hire item(s) must cease immediately pending inspection, assessment and/or repairs by our staff.
· Hong Kong Toy Club reserves the sole right to determine the type, degree, and extent of all and any damage or malfunction of hire item(s) that may arise from the hirer’s rental, whether it is during the hire period or after the hire period. Should any malfunction be deemed to be due to product defect or equipment failure not caused by improper use or abuse by the hirer or the hirer’s guests, Hong Kong Toy Club will provide either a replacement item of a similar value within the hire period or a refund of the unused pro-rated rental amount of the hire item.
· If a hired item has been damaged (e.g, missing part(s), broken piece(s), puncture(s), tear(s), breakage(s), etc.) but the item is still rentable (i.e. only the accessories have been damaged while the major utility and/or function of the item has not been damaged), a penalty of twice its rental price (as indicated on the invoice) will be borne by the hirer and is payable immediately to Hong Kong Toy Club.
· Should a hired item, however, be damaged and can no longer be rented out (i.e. the major utility and/or function of the item has been damaged), the full Replacement Cost of the item (as reflected on the invoice) will be borne by the hirer and is payable immediately to Hong Kong Toy Club.
· Please note that Hong Kong Toy Club reserves the right during the 5-day inspection period to inspect the items hired by the hirer (especially inflatables) after the items have been returned to us; during the 5-day inspection period, should the hired item(s) be found to be damaged, Hong Kong Toy Club is entitled to claim the relevant monetary sum from the hirer.
The hirer is advised to procure relevant and sufficient insurance coverage for their event. Hong Kong Toy Club cannot be held responsible for how the event proceeds as it is neither the organiser nor user of the event.
We can assist with insurance procurement should the hirer require.
16. Disclaimer of Warranties & Limitations on Liability
The service provided by Hong Kong Toy Club and HongKongToyClub.com including all features associated therewith, the website and its contents are provided “as is” with all faults and without warranty of any kind and we make no representations or warranties of any kind with respect to Hong Kong Toy Club service, the HongKongToyClub.com website and its contents. We assume no liability or responsibility for any errors or omissions in the content of HongKongToyClub.com website, any failures, delays, or delivery of any content contained on HongKongToyClub.com website, any losses or damages arising from the use of the content provided on HongKongToyClub.com website, or Hong Kong Toy Club service. TO THE EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not represent or guarantee that your use of the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Hong Kong Toy Club or its affiliated parties. In no event shall Hong Kong Toy Club, its shareholders, directors, officers, or employees be liable (jointly or severally) to you, your family members or your guests for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of Hong Kong Toy Club, its website, its contents or our service, including any features associated therewith.
17. Standard Hold Harmless Agreement
In good faith and valuable consideration, the customers of Hong Kong Toy Club and/or their guest(s) jointly and severally agree to indemnify and hold harmless Hong Kong Toy Club, its shareholders, directors, officers, or employees from any claim, liability, loss, damage or event, arising from the following: Any injury or loss incurred while playing with or using the rented toys or items from Hong Kong Toy Club, any damage to the venue or room (including all furniture, furnishing, lighting, and equipment) at which the hired item(s) are used, and/or legal fees.