Sales & Service Agreement

By purchasing a service from our website, you agree to the following Sales Agreement.

This Service Agreement (the “Agreement”) sets forth terms under which The Bannister Co, LLC (“Company”) shall provide services to you, (the “Client”). By checking that you have read the Sales & Service Agreement, which you are required to do as a condition of the purchase, you are acknowledging that you understand and agree to each of the terms of the Terms of Use Agreement and the further statements set forth below.

1. Scope of Services. The Company is to provide the Client with the following services outlined below. Client understands the following:

1.1 Client is ordering a holiday decor package that includes a decorated holiday tree with the color palette and tree size selected and any additional add on items whether included in the package as noted on the package order page or purchased as separate add on items.

1.2 Each tree, wreath, garland, or item purchased for service may vary based on availability of materials at the time of the order. The Bannister Co, LLC will stay within the color palette and size ordered unless otherwise noted.

1.3 Approximately 4 weeks prior to to the preferred installation date, The Bannister Co, LLC will send initial photos of the decorated items ordered. Any changes outside the normal tweaking of ornaments, picks or items included in the package including asking for additional ornaments, picks, change of color or size of items purchased, custom modifications and any further requests that would financially impact the package are subject to a change order invoice to be discussed at the time of request.

1.4 Approximately 4 weeks prior to the preferred installation date, The Bannister Co, LLC will be in contact to discuss the placement location of the items to be delivered in the Client’s space and any building or logistical items that need to be considered prior to arrival.

1.5 Selecting preferred installation date and time does not confirm the appointment for services delivered until communication from The Bannister Co, LLC has acknowledged and confirmed the date and time. The Bannister Co, LLC will confirm in writing up to 3 business days after the purchase has been processed for the preferred date and time of installation.

1.6 Up to a week prior to the preferred date of installation selected The Bannister Co, LLC will confirm the delivery date and time. Client understands that while the date and time has been confirmed outside circumstances uncontrolled by The Bannister Co, LLC may impact the delivery date and time on the date of arrival including eminent weather, acts of god, acts of war, traffic accidents that may delay delivery. The Bannister Co, LLC will use all reasonable efforts to mitigate any such impact.

1.7 The area where the items are to be delivered is to be free and clear of all obstructions prior to the installation of my order. The tree will need an outlet to be plugged in and any tripping hazards are the responsibility of the Client. Should the area where the items are to be installed be unworkable, suggested options for where the items can be installed will be provided but are not guaranteed.

1.8 Any building restrictions, certificate of insurance documents or items needed to install will be communicated by Client prior to the installation. Should issues be encountered at the time of installation, Client understands The Bannister Co, LLC may have to cancel the order and no refund will be provided.

1.9 The Bannister Co, LLC is not responsible for any personal injury to individuals as a result of the installation including but not limited to, tripping hazards, fire hazards, falling hazards that may result in individual personal or physical damages.

1.10 The Bannister Co, LLC assumes no liability to damaged property to a building, equipment, or physical asset leased or owned by the Client during the installation, lease or pick up period. This incudes any wall scratches, dents, scuffs, holes, tears in materials or fires. The Bannister Co, LLC is a professional holiday decor installation service and we will do our best to avoid any damages to the property.

2. Payment. Client shall provide payment to the Company at a rate based on the package or additional items purchased for the Services rendered. Company shall provide the Client with an invoice upon order of the Services. Payment for the Services is due at the time of purchase through checkout process.

2.1 Client understands that once the order has been placed, items will be sourced and the hand crafted design process will be started.

2.2 Client understands that orders cancelled more than 30 days prior to the delivery date are subject to a 50% refund.

2.3 Client understands that cancellations within 30 days from confirmed installation will not be refunded.

2.4 Client understands that once items have been delivered and installed, the service is non-refundable. Should The Bannister Co, LLC deem that a refund is necessary, they may, in their sole discretion offer a refund. However, Client waives any claim against The Bannister Co, LLC for any amount that is more than what has been paid.

3. Term; Termination. This Agreement shall commence on the date of online purchase and remain in effect until the Services are completed. This Agreement may be extended by mutual written consent of both parties. If either party seeks to terminate this Agreement, the terminating party must provide 31 days notice to the other party.

4. Independent Contractor Status. The Company is serving as an independent contractor in providing the Services. Under this Agreement, the Company is neither an employee nor a partner of the Client.

5. Proprietary Information. All work performed under this Agreement (“Work Product”), including without limitation all notes, reports, documentation, drawings, computer programs, inventions, creations, works, devices, models, work-in-progress and deliverables will be the sole property of the Company, and Client hereby assigns to the Company all right, title and interest therein, including but not limited to all audiovisual, literary, moral rights and other copyrights, patent rights, trade secret rights and other proprietary rights therein. Client retains no right to use the Work Product and agrees not to challenge the validity of the Company’s ownership in the Work Product.

6. Notice. All notices required or permitted under this Agreement will be provided in writing and delivered to both parties.

7. Governing Law. The laws of the State of California to govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, validity, performance, and enforcement.

8. Assignment; Delegation. Neither Party will assign any of its rights under this Agreement or delegate any performance under this Agreement, except with the prior written consent of the Company. Any purported assignment of rights or delegation of performance in violation of this section is void.

9. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all other agreements, whether written or oral, between the parties. By purchasing a service and rental from this site, you agree to abide by the terms listed above.