Terms & Conditions
Accuracy of information
Houseproud Homewares uses all reasonable effort to accurately describe its products on the Website. Mistakes however can occur. Houseproud Homewares does not accept responsibility for any error, omission or deficiency in the information provided on this Website. Houseproud Homewares does not warrant that the product descriptions, colours, information or other content on the Website is accurate, complete, current or error free.
The Website is presented “as is”. Houseproud Homewares makes no representations or warranties of any kind whatsoever, expressor implied, in connection with these Terms and Conditions or the Website more generally, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose, except to the extent such representations and warranties cannot be excluded at law.
Eligibility and Information Requirements
To make purchases using the Website you must provide your personal details including your real name, phone number, e-mail address and other requested information. You will be required to provide payment details which you represent and warrant are valid and correct, and you warrant that you are the person referred to in the billing information provided.
You must have been issued a valid credit card by a bank acceptable to Houseproud Homewares and you must authorise Houseproud Homewares to process a charge or charges on your credit card for the total purchase price of the products and freight.
If you register on the Website you will be assigned an email address/username and password for your Houseproud Homewares account. You are responsible to maintain the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping the information current, complete and accurate. You are responsible for all transactions on your account or use of your username and/or password.
We reserve the right to refuse service and/or terminate accounts without prior notice at our absolute discretion.
By making an offer to purchase goods or services from Houseproud Homewares, you expressly authorise Houseproud Homewares to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Warranties you provide
As a precondition of use of this Website, you expressly warrant that:
- you will abide by our Terms and Conditions when using our Website
- you will only provide accurate and complete information
- you are at least 18 years old;
- While using this Website you will not:
- impersonate any person or entity;
- make any false or fraudulent bookings;
- provide false or misleading information;
- post or transmit to or via this Website any unlawful, threatening, defamatory, obscene or pornographic material that might give rise to civil or criminal proceedings;
- knowingly transmit any virus or other disabling feature to the Website;
- interfere with, disrupt, or create an undue burden on the Website or the associated systems;
- frame or mirror any part of the Website without our written approval; or
- except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so.
Personal Non-Commercial Use Only
The Website is only for your personal non-commercial use. You must not access, use, transmit, copy, publish or otherwise deal with any material or information on the Website for any commercial or unlawful purpose.
Limitation of liability
You use this Website at your risk and subject to all applicable laws. Houseproud Homewares, its Directors, office holders and employees have no liability to you for any loss or damage suffered by you in relation to your use of the Website. To the fullest extent permitted by law Houseproud Homewares is not responsible or liable in any way to you for:
- interruption of business;
- access delays or access interruptions to the Website;
- data non-delivery, mis-delivery, corruption, destruction or other modification;
- computer viruses, system failures or malfunctions which may occur in connection with your use of the Website; • any inaccuracies or omissions in content; or
- events beyond Houseproud Homewares’s reasonable control.
To the fullest extent permitted by law, HOUSEPROUD HOMEWARES will not be liable to anyone for any of the following: • loss of profits or revenue;
- costs or damages suffered or incurred by you resulting from your use of the Website;
- any product not being available;
- your inability to access the Website;
- your loss of data, information or material transmitted to or from the Website;
- decisions, action or inaction taken by you in reliance on the information on this Website;
- your use or misuse of this Website or any information or material contained on the Website; or
- any defect, technical problem or virus attached to or arising from the Website or the server.
You indemnify Houseproud Homewares in respect of any claim, action, demand, liability, loss, damage, cost, proceedings or expense directly or indirectly related to:
- your breach or non-observance of any of the Terms and Conditions
- any breach or inaccuracy of any of your representations or warranties; or
- your use of the Website.
Product Colour and Availability
Products offered on the Website may be offered for a limited time only. There is no guarantee of products continuing to be available. While we attempt to carry sufficient stock to satisfy customer requests, if there is insufficient stock then we may not be able to fill your order. Also some products on our Website may not be available in all our stores. Colours and features of products on our Website may differ from the product delivered to you. This can result from the manufacturing process, lighting or the nature of the raw product used in production and other production and storage variables.
At any time, without notice, these Terms and Conditions, our policies and the content of the Website may be altered. This includes terminating any or all of the rights granted by these Terms and Conditions. Any change is effective when posted on the Website. You use of the Website in accordance with the amended Terms and Conditions. Before placing an online order you should read and understand the Terms and Conditions. If you do not agree to any change, then you must not use the Website.
Prices Subject to Change
You use this Website at your risk and subject to all applicable laws. Houseproud Homewares, its Directors, office holders and employees have no liability to you for any loss or damage suffered All quoted prices on the Website are in Australian dollars (AUD). All references to $ and dollars on the Website are to Australian currency. All prices are subject to change effective immediately upon being posted.
Right to Decline Orders
At any time, up to the time of dispatching the product to you, Houseproud Homewares in its absolute discretion can reject any offer made by you to purchase a product on the Website, including but not limited to, an error in the advertised price for, or description of, the product on the Website, or an error in your order. Any automatic confirmation of an order is subject to Houseproud Homewares assessing any risk, delay, product availability or any other matter or matters relevant to the transaction. Houseproud Homewares in its absolute discretion reserves the right to refuse to process an order or refuse service to anyone at any time.
Acceptance of Your Order by Houseproud Homewares
Once an order has been placed, you will receive a confirmation email acknowledging your order. This email is NOT an acceptance of your order. It is a confirmation of receipt of your order. Acceptance of your order and completion of the contract between you and Houseproud Homewares is completed when Houseproud Homewares emails you to confirm the products have been dispatched. The sale contract is therefore made and concluded in Victoria, Australia.
Cancellation of an Order by You
Once the order has been made and the order confirmation forwarded to you, you cannot cancel your order.
Passing of Risk and Title
Title to and all risk associated with the products passes to you upon the products being dispatched.
Delivery to You
In addition to the price of the product you are responsible for delivery charges of whatever nature, including any additional charges incurred as a result of difficulties of delivery to do with access to the premises to which the delivery is to be made. You must provide us the correct details of the delivery address and notify us of any difficulties in obtaining access. You are responsible for ensuring there is adequate access and entry to the site to allow the delivery of the products. If delivery cannot be made, a card will be left and you will be responsible at your expense for organising collection of the products from the address identified on the card. The delivery date nominated by us is an estimated delivery date only. We will use our best efforts to meet the estimated delivery date, however if we do not meet the estimated delivery date then, at our option we will either resupplying the goods at a different time, or refund you the purchase price.
Payment can only be made by credit card or such other method as from time to time we nominate.
You acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, trademarks and logos and registered designs remain the property of Houseproud Homewares. You will not use of misuse or allow anyone else to use of misuse the intellectual property of Houseproud Homewares.
If any part of the Terms and Conditions is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches as closely as possible the intent of the original provision. The remainder of these Terms and Conditions continue to be enforceable and valid.
These terms and conditions will be governed by and construed in accordance with the laws of the State of Victoria. By using this Website you agree that the Courts of Victoria, Australia will deal with any dispute, which may arise from its use. This Website is only available for use by people who can enter a legally binding agreement with us in accordance with the laws of the State of Victoria.
This Website may be accessed from anywhere in the world however Houseproud Homewares makes no offer or invitation to sell any product in any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website and the laws of the State of Victoria, Australia.
This Website and its contents are the property of Houseproud Homewares. They are subject to copyright. Any use of our website and its content for purposes other than personal and non- commercial use is prohibited.
Consumer guarantees / warranty
Houseproud Homewares products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality.
The warranty will not apply if:
- repairs to a product are made or attempted by someone other than a provider approved by Houseproud Homewares;
- you use the product in an abnormal or inappropriate manner or is not maintained properly or is used after partial failure;
- the product has been modified, incorrectly adjusted or operated;
- the product is tampered with in any way; or
- the failure results from or is contributed to by your negligence or misuse.
Your entitlement to monetary compensation (if any) is capped at the amount paid by you for the product in question.
Houseproud Homewares will not be liable for any delay in performing any of their obligations if such delay is caused or contributed to by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.