Rental Terms and Conditions

1. Formation of the Rental Agreement

All offers from the lessor are valid for a period of seven days from their date of issuance.

After this period expires without written confirmation from the customer, the offers lapse, and the reserved rental items become available to other interested parties again. A rental agreement is formed as soon as the customer accepts the offer from the lessor in writing. This written acceptance can also be made in electronic form to accommodate modern means of communication.

All transactions between the lessor and the customer are exclusively governed by the conditions set by the lessor. The precise content and scope of the rental agreement are defined in the written order confirmation from the lessor. Any deviations or supplementary agreements to the rental contract are only valid if explicitly confirmed in writing by the lessor.

2. Prices

Unless otherwise stated, our rental prices are calculated on a daily basis. The prices quoted are for pick-up directly from our warehouse and, unless otherwise mentioned, include both cleaning costs and the applicable statutory value-added tax. Any additional costs arising specifically from the order (such as for transportation, setup and dismantling, and decoration services) will be billed separately. We reserve the right to adjust our prices as necessary.

Price changes only apply to future offers and not to contracts that have already been concluded.

A minimum order value of 150.00 EUR is set for the agreed rental period. For orders below this minimum order value, we will charge a small quantity surcharge of 30.00 EUR.

3. Rental Period

The rental of items is for a minimum rental period of 4 days (rental unit), even if the rented items are returned early or unused. If the renter cannot return the rental items on time at the agreed date, the renter must inform the lessor immediately.

If the rented items are not returned within the agreed rental period, the rental agreement automatically extends until the return. An additional day's rental price will be charged for each extra rental day.

4. Payment Terms

The payment is due upon conclusion of the contract, payable within 7 days by transfer to the account specified in the order confirmation.

The delivery or handover of rental items will only occur after full payment has been received. If payment is not made on time, we reserve the right to withdraw from the contract and release the items. Any cancellation fees in accordance with Section 8 remain unaffected by this.

5. Delivery

Delivery dates are only binding if they are expressly noted in the order confirmation. Depending on the package size and weight, we offer the following delivery options:

Pick-up from our warehouse
Express delivery
Delivery by freight carrier
Direct delivery

During the delivery and collection of the rented items, the renter must ensure that they or a person authorized by them can receive the goods. If the renter or another authorized person is not present at the agreed delivery time, the goods will be left at the event location, and the renter acknowledges the proper and complete delivery. I

f a failed delivery attempt by the freight carrier or courier service is due to incorrect delivery address information, the absence of the renter or another authorized recipient, or similar circumstances, the resulting costs will be charged to the renter.

Rental items can also be picked up directly from our warehouse during our opening hours Monday to Friday from 9:30 AM to 4:00 PM. Pick-ups can also be arranged outside our opening hours for a service fee of 30 EUR.

6. Return/Return Shipping

For the return of the rental items, depending on the type of delivery, the following return options are available:

Self-return to our warehouse
Return shipping via DHL or courier
Return shipping by freight carrier
Pickup

The return must be made in the packaging provided for the rental items. The packaging material is part of the rental and must be fully used and returned to protect the rental items. Damage that occurs during the return shipping due to improper or incomplete packaging will be borne by the lessor.

For parcel shipping, one or more return labels are included in the shipment. It's very important that the shipment is processed by the shipping service provider on the same day.

For delivery by a freight carrier, the pickup is also done by a freight carrier. The freight papers are included with the delivery. The transportation costs do not include setup and dismantling, as well as the collection and packaging of rental items.

Rental items can also be returned directly to our warehouse during our opening hours Monday to Friday from 9:30 AM to 4:00 PM. Returns can also be arranged outside our opening hours for a service fee of 30 EUR.

7. Availability

Should the lessor be unable to provide the rental object as agreed due to circumstances beyond their control, or should other obligations to the renter not be fulfilled in time, the lessor bears no responsibility for this. These circumstances particularly include force majeure, bad weather, fire, the release or risk of release of dangerous substances and/or gases, omissions by the renter or third parties, such as suppliers or transport companies, illness of specialized personnel who are not easily replaceable, strikes, blockades, government restrictions, and terrorism.

The rental agreement can only be terminated by the renter due to The non-timely provision of the rental object if the renter has given the lessor written notice to fulfill their obligation and fulfillment has not occurred within this period - unless it is clear that fulfillment is permanently impossible.

Should damage or defects to the rental object be discovered at the time of handover, making the use of the rental object impossible, the renter is entitled to adequate replacement.

The use of the rental object by the renter is exclusively in accordance with the agreed conditions and for the agreed project. A transfer to third parties is not permitted without written consent from the lessor. If the lessor grants this consent, the renter remains fully compliant with all contractual obligations arising from the rental and payment conditions.

8. Information Obligation of the Renter

The renter is obligated to immediately inform the lessor if:

the rental object is incomplete at delivery (within a maximum of 2 hours after handover),
the rental object is damaged at delivery (within a maximum of 2 hours after handover),
the rental object is stolen or otherwise lost.

Should the renter fail to inform the lessor about defects, damages, or the loss of the rental object within the set periods, this can lead to the loss of rights to rectification, compensation claims, or other warranty rights. It is the renter's responsibility to ensure communication is timely and in accordance with the agreements of the rental contract.

If damage to the lessor occurs through the breach of the renter's information obligation – for example, because timely damage control for a subsequent rental due to late or omitted information could not be carried out – the renter may be required to pay damages. The renter bears the responsibility for immediately reporting any issues to minimize potential additional damages.

9. Liability and Warranty

The rental items are not insured. Liability is transferred to the renter as soon as they take possession of the rented items. The renter is liable for all damages resulting from the use of the rental items during the rental period. Return is subject to reservation, as exact shortages can only be determined after cleaning is complete. In the case of damage, breakage, or loss, we will charge the replacement costs indicated for the respective items. The renter is liable to the lessor for claims by third parties that they assert against the lessor due to damages resulting from the use.

10. Images and Color Representations

The images and photos of rental items shown in our catalogs, mailings, and on our websites are for illustration purposes only and may differ in reality. This particularly applies to the reproduction of colors. Due to technical limitations in the presentation and varying user screen settings, we cannot guarantee that the devices used will accurately reproduce colors as they appear in reality. Deviations between the displayed and actual colors are not considered defects in the rented items and therefore cannot be recognized as grounds for complaints.

11. Cleaning of Rental Items

To ensure quality and satisfaction for all customers, the following guidelines apply to the return and cleaning of rented items:

Table Linens: The returned table linens, including napkins and tablecloths, should be placed uncleaned and dry in the designated laundry bags. These items will be cleaned by the lessor. If stains (such as red wine stains or mildew) or damages (such as burn holes or tears) are found that cannot be removed, the customer will be charged for the affected items.
Cutlery: The cutlery must be returned pre-washed, dry, and packed as it was delivered. Additional processing costs of 0.50 EUR per piece will be charged for cutlery items that remain with food residues or are packed wet and thereby sustain damage.

Charger Plates: Charger plates are primarily intended for decoration purposes and should not be used for eating. Charger plates with a metallic border must not be cleaned in the dishwasher to avoid damage to the metallic border. The lessor will charge a flat rate of 1.00 EUR per plate for the cleaning of charger plates that are heavily soiled with food residues or fat.
Candle Holders/Tealight Holders/Cylinder Vases: These items should only be roughly cleaned of wax residues and candle stumps. The use of sharp or pointed tools is to be avoided to prevent scratches and damage to the material. Failure to adhere to these guidelines will result in additional costs being charged to the renter.

Failure to comply with these guidelines will result in additional costs, which will be charged to the renter at a flat rate of EUR 50 per hour.

12. Cancellation Conditions

To provide flexibility in the event of unforeseen circumstances, we offer renters the option to cancel their rental contract in writing, in whole or in part, under the following conditions:

For cancellations up to and including 60 days before the agreed start of the rental, 30% of the canceled order value will be charged as a cancellation fee.
If cancellation occurs up to and including 30 days before the agreed start of the rental, the cancellation fee will be 75% of the canceled order value.
If the rental contract is canceled less than 30 days before the agreed start of the rental, a cancellation fee of 90% of the canceled order value will be charged.

These cancellation fees cover preparation costs, planning work already carried out, and missed rental opportunities. We, therefore, recommend considering a cancellation as early as possible and informing us promptly to keep cancellation costs as low as possible.

13. Right of Withdrawal

a. Restriction of The Right of Withdrawal for Rental Items
The renter acknowledges that the statutory right of withdrawal according to BGB (German Civil Code) for contracts regarding the rental of items for events or venues, as concluded between the renter and lessor, is not applicable. This is due to the fact that such rental contracts comprise specific services and time-bound performances according to § 312g Nr. 9 BGB.

b. Application of the Right of Withdrawal to Purchased Items
Nevertheless, the statutory right of withdrawal fully applies to the purchase of goods that are not part of the main contract of the rental service. This particularly includes accessory items such as candles, decorative materials, or similar products that are purchased in addition to the rental items by our customers. For this category of purchased items, the customer has the statutory right of withdrawal of fourteen (14) days from receipt of the goods, whereby the customer is entitled to withdraw from the purchase contract without giving any reasons. The customer can revoke their contractual declaration within 14 days without stating reasons in a written form (e.g., a letter, email). The deadline begins after receipt of this instruction in a written form but not before the conclusion of the contract and also not before fulfilling our information obligations. In order to adhere to the withdrawal period, the timely sending of the withdrawal is sufficient.

The withdrawal must be addressed to:

Magnolias on Silk
Marcell Hüttner
Moltkestr. 22
D-31135 Hildesheim

email: info@magnoliasonsilk.de

c. Consequences of Withdrawal
In the event of an effective withdrawal, all payments that we have received from the customer for the relevant purchased items, including the delivery costs for the purchased items, will be refunded immediately and at the latest within 30 days from the day on which the notification of the withdrawal of this contract was received by us. The right of withdrawal exclusively applies to purchased items and is not applicable to the rental services of the lessor.

For specific cancellation conditions regarding rental services, we refer to the relevant section of these conditions.

14. Data Protection

The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR). Further information can be found in our Privacy Policy.

15. Severability Clause

Should any provision of these rental terms be invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a legally permissible provision that most closely reflects the economic purpose of the invalid provision.

16. Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies. The place of jurisdiction for all disputes arising from this contract is the registered office of the lessor, provided the renter is a merchant.

Effective: January 1, 2025