Terms and Conditions
1. GENERAL CONSIDERATIONS AND SCOPE
1.1 WW E-Services Australia Pty Limited, (ABN: 31 153 920 533) Level 12, 201 Kent Street, Sydney NSW 2000, Australia (hereinafter “The Home”) operates on the Internet portal www.thehome.com.au, a shopping community (hereinafter “thehome.com.au”). References to “we”, “our” and “us” are references to The Home and thehome.com.au.
1.2 On thehome.com.au members of the shopping club (hereinafter referred to as “members” “member” and “you”) will be offered goods. The offering on this site is only directed at end users of legal age. By accepting these Terms and Conditions and becoming a member of our shopping club and you warrant that you are 18 years old or over and that you can form legally binding contracts under applicable law. If you do not qualify, you must not use our services.
1.3 Goods will only be sold in what The Home deems to be normal household quantities. The offers are made as part of a sales event, which means they are limited in time and quantity. These terms and conditions are applicable to all contracts entered into between The Home and members as well as to all general business relationships between The Home and its members. The Home does not accept any other terms and conditions unless explicitly stated otherwise. If periods are stated in business days, these include all weekdays except Saturday and Sunday and all statutory holidays.
1.4 The Home reserves the right to cancel orders to islands and remote areas or to request further shipping fees are paid to cover the cost.
2. MEMBERSHIP OF THEHOME.COM.AU
2.1 Offers on thehome.com.au are available only to members who register on thehome.com.au. Membership is free of charge and can be cancelled at any time upon the member giving written notice to The Home via email to firstname.lastname@example.org.
2.2 Every member will receive password-protected direct access to thehome.com.au. Only members have the right to access the online offers on thehome.com.au.
3. USE OF THEHOME.COM.AUs
3.1 When registering as a member of thehome.com.au, you will be asked to submit personal data in accordance with clause 14.1 below. You are responsible for ensuring that the data is complete and correct. After you have completed the registration process, you will receive confirmation of your registration by email and a password, which will provide you with access to the online services on thehome.com.au. You are obliged to treat this password and any other access data as confidential and protected from access by unauthorised third parties. The Home reserves the right to refuse registration without giving reasons.
3.2 You have the opportunity to publish your own content on thehome.com.au (e.g. ratings). You guarantee that your own content does not interfere with or violate the rights of third parties (such as privacy or intellectual property rights). In this regard, you fully indemnify The Home against any claim by third parties. By publishing content on thehome.com.au, you grant The Home exclusive rights of use over such content without restriction, including transfer to a third party. The Home is entitled to store or release content, and reserves the right of cancellation, reduction, modification or correction of such content.
3.3 You may not use thehome.com.au other than for its intended purpose or disrupt or manipulate any technical processes. If you do anything that is to the detriment of The Home or other members, your membership will be immediately revoked.
3.4 You are only permitted to register and use one membership account at a time. The Home will delete multiple registrations.
3.5 In the password-protected area on thehome.com.au you can access your recently shipped and/or completed orders. In this area you can also change, administer and save your own data and potential subscriptions of newsletters.
3.6 The Home reserves the right to issue a warning, to terminate your membership or to modify or delete content you have submitted if you violate any of the provisions of this clause 3. Any claims for damages by The Home remain unaffected.
4. CONTRACTUAL PARTNERS, LANGUAGE AND CONCLUSION OF CONTRACT
4.1 All contracts entered into on thehome.com.au are between you and The Home.
4.2 thehome.com.au is operated in English; thehome.com.au contracts are concluded exclusively in English.
4.3 The offer of goods on thehome.com.au is not a binding offer but merely an invitation to make an offer. By submitting an order by clicking "order" you are confirming acceptance of an offer. After submitting your order, you will receive a confirmation email from The Home.
4.4 Whilst we work hard to fulfil your order, acceptance of your order is not a legally binding obligation for us to fulfil the order. Further, the confirmation email does not constitute acceptance of a contract, which is only deemed to be completed once goods have been confirmed as available and shipped to you. When ordering multiple items, the acceptance of the contract applies only to goods actually shipped.
4.5 In cases where prices are displayed or charged incorrectly on thehome.com.au due to errors, to the extent permitted by law The Home reserves the right to cancel any order in relation to incorrectly priced items even where you have been charged in relation to the order. The burden of proof regarding an error lies with The Home. Where a payments has already been made in relation to a cancelled order will be refunded immediately.
4.6 In some cases a product photo displayed may reflect a suggestion of how the product could be used/displayed or be for illustration purposes only. Further, the actual product will be specified in the product description.
4.7 Due to screen resolution, the image of a product may vary slightly in colour to the actual colour of the product.
5. PRICES AND SHIPPING FEES
5.1 For orders on thehome.com.au, the prices that are listed at the time of your order on the product page apply. The prices are final prices inclusive of GST and all other price components excluding shipping costs. The shipping costs will be indicated on the product page and are determined mainly by the size and weight of the goods and shipping method you choose. When free shipping is offered, this offer may be restricted to certain areas, with a surcharge for other areas.
5.2. For orders where a one-time shipping fee is charged and 10 or more items are ordered, The Home reserves the right to contact the customer with a new shipping quote.
5.3. The estimated value of each product is shown alongside the sale price for reference and is an estimate of what the product would sell for at an Australian retail outlet. This is often provided by the supplier. As we rarely sell items at full price, the value does not represent the former price which the item was previously sold for on this website.
In some cases our products may be sourced from overseas and not available for sale elsewhere in Australia. In that case the value is estimated based on the retail value in the country of origin, the conversion rate, the import costs to bring that product into the country, and the market value of that product in Australia.
6. FAULTY PRODUCTS
6.1 The Australian Consumer Law ("Law") which forms part of the Competition and Consumer Act 2010 (Cth) implies into consumer contracts certain statutory conditions and warranties that cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Law, a "major" failure, then the remedy will be limited to a refund, repair or replacement (subject to availability) at your election.
6.2 As supplier, we provide the following express warranties subject to the following terms and conditions:
• We will refund or offer a voucher, if voucher used at purchase, for the product as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product.
• Where a refund or voucher is to be provided under the terms of this warranty, we may, to the extent permitted under the Law, require the return of the product to us before refunding it. We will pay for, or reimburse you for, any shipping costs to return the original product to us, provided there is fault with the product.
• You must retain your proof of purchase for any manufacturer warranty claims.
• Refunds will be issued in the form of shop credit, by direct deposit or via the credit card used in original purchase at our discretion.
6.3 In order to obtain these remedies:
• Please email us immediately and provide images and/or videos of damaged, faulty or incorrect goods to be returned. Please contact us at email@example.com. Once contacted we will advise the next course of action. We will not accept products returns for no valid reason and when no prior contact has been made with us.
• Except if and to the extent the Law requires otherwise, refund and reimbursement of freight costs will not be made until the original product is received by us and your claim verified.
• We aim to process refunds within 14 days of receipt by us of the original product.
• We will not refund or replace a product where, in our reasonable opinion, the product has, following sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturers instructions, using it in an abnormal way or failure to take reasonable care.
6.4 Limitation of Liability: Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired.
7.1 Payments may be made by credit card (Visa and Mastercard) or PayPal. The Home reserves the right to exclude a particular payment method for individual products or to require payment by one payment method only.
7.2 The Home will charge credit card payments to your credit card immediately after receipt of an order.
7.3 With the prepayment method, you receive the account data of The Home with your order confirmation.
7.4 Unless otherwise stated. charges and other expenses payable are exclusive of GST but inclusive of any other applicable taxes, duties, imposts and other similar charges payable in respect of the Product and Services.
8. VOUCHERS AND PROMOTIONS
8.1 TheHome vouchers (including but not limited to; hard-copy and/or digital gift or promotional vouchers, promotional codes, credits) are personal to the Member receiving them.
8.1.1 TheHome vouchers are not transferable, have no monetary value and under no circumstances can they be converted into currency. The use of a TheHome Voucher requires the total value of the order to be higher than the monetary value of the discount given by a TheHome Voucher/s.
8.1.2 TheHome reserves the right to specify a minimum spend for which TheHome Vouchers are permitted to be used. In this case, the monetary value of the order (excluding delivery costs) has to be higher than the minimum spent. Only 1 TheHome Voucher can be used per member per sales event. TheHome reserves the right to cancel Vouchers if they were improperly obtained, including but not limited to violation of the TheHome Terms and Conditions.
8.1.3 TheHome “Invite your Friend” Vouchers are valid for 3 months after they are first credited to a Member’s account. Promotional or competition vouchers are valid for 3 months unless otherwise stated. New member signup vouchers are valid for 1 month after signing up.
8.1.4 In addition to the above, if you purchase or receive a Gift Card from TheHome or a third-party recipient, the value on the Gift Card will be added as TheHome credit on the recipient's account. If the recipient does not have an account, the recipient must register an account before the credit is applied. There is no requirement for a minimum spend when using these specific credits and the credits may be applied towards multiple purchases. Printed or hard copy Gift Cards will expire in accordance with the date provided on the Gift Card whereas digital Gift Cards (whereby TheHome generates the Gift Card digitally and sends it to the member's email address) will be valid for 12 months from the purchase date of the digital Gift Card.
8.1.5 In order to apply the credit from a Voucher or Gift Card (digital or hard copy) members will be prohibited from using any additional promotional discounts, credits, promotional codes or credits from additional gift cards (hard copy or digital).
8.1.6 Promotional codes and existing credits cannot in any circumstances be used to purchase gift vouchers in full or as part-payment.
9.1 Deliveries will be made only within Australia to the shipping address provided by you. It is your responsibility to ensure that it is possible to ship to the shipping address during normal business hours. If you change your address after you place your order, we cannot guarantee that your goods will be shipped to this new address and cannot cover any additional postage fees incurred. If you are not at home to accept your delivery and it gets returned to us, we wil contact you and charge a re-delivery fee for the order to be sent out again. The Home uses a mix of couriers to deliver orders, and delivery to the nearest Australia Post Office cannot be guarenteed.
9.2 In cases where free shipping insurance is advertised, The Home will refund your order if it arrives damaged, or is deemed lost in transit after an investigation with the courier. If you give authority to leave a parcel without your signature, this insurance does not apply and The Home takes no responsibility and is not liable for any order not received or damaged whilst unattended.
9.3 In cases where you have provided authority to leave a parcel without your signature, The Home shall not be liable for any direct or indirect loss or damage caused. The Home absolves all risk from the point that the parcel/s arrive at your nominated delivery address.
9.4 The Home normally ships goods a few weeks after the sales event has ended once our account has been credited with the full invoice amount. Earlier shipping is not usually possible since the shipping date depends on suppliers and manufacturers. Individual shipping times are stated on the product pages. Note that unless anything else is stated, delivery can take up to three weeks from the latest ending sale of your order.
9.5 The Home does not assume any sourcing risk especially with reference to a purchase by description. The Home is only obliged to ship from existing stock or from stock ordered from suppliers. The Home’s shipping obligations cease to exist if The Home, through no fault of its own, does not receive goods in full or on time from suppliers, as long as The Home informs you as soon as practicable.
9.6 In cases of force majeure, shipping duration may increase within reason. Force majeure shall include strike, exclusion, official intervention, energy or resource scarcity, shipping difficulties, business complications such as fire or water damage to machinery, lightning or any other unforeseeable business complications for which The Home cannot be held responsible. Starting and ending points of such shipping impediments will be communicated to you as soon as practicable by The Home.
9.7 The Home reserves the right to cancel the contract should delivery fail three times due to the fault of the member. Payments already made will be refunded, excluding shipping costs.
9.8 The Home asks you to immediately inform the deliverer and The Home about obvious transport damage. Doing so has no influence on your warranty rights, but will help The Home to make its own claims against the supplier.
9.9 If an incorrect or incomplete address is entered into the system and your order is returned to us, a re-delivery fee will apply to ship out the order again.
9.10 If Australia Post or our courier delivers the product to your nominated delivery address and it is signed for by an individual who states that they are authorized to sign for your parcel then it is deemed to be a successful delivery. (No credit or refund will be available to you if your parcel is signed for after it was delivered to your nominated address).
10. RIGHT OF CANCELLATION - RETURNS
10.1 Right of withdrawal: You may cancel your contract in writing (e.g. by letter or email) without specific reason if the sale is still live on The Home, unless the product was offered as "next day despatch", in which case it will not be available to cancel.
10.1.1 Notice of cancellation is to be directed to:
firstname.lastname@example.org or via the My Orders section in your account on The Home.
10.1.2 Once a sale has ended, it is no longer possible to cancel your order as it will have been placed with the supplier and paid for.
10.1.3 If an order arrives at your chosen address and you would like to return it, most items can be returned within 30 days of receipt. Please go to the My Orders section of your account to request a return. Returns must be received in the returns facility within 10 days of issuance of a returns label. Return shipping will not be reimbursed. Please see our returns policy for full details.
10.1.4 As soon as an order is received at the returns facility unused, and in its original condition and packaging, customer service will issue a credit refund (less original shipping fee).
10.1.5 Not all items are eligible for return. Please see specific product page details whilst shopping, and click here to view our full return policy.
10.2 End of right of revocation: Your right to cancel does not apply to contracts for the delivery of goods manufactured to your order or clearly tailored to your personal needs, or which are not suitable for a return due to their condition or spoil quickly or whose expiration date has passed, the delivery of audio - or video recordings or software if the delivered data medium has been unsealed by you or the delivery of newspapers and magazines.
11. RETENTION OF TITLE
Ownership of the goods is transferred to the member upon full payment.
The Home is liable only for intent and gross negligence, unless there are fraudulently concealed damages, damages for loss of life, limb or health or damage arising from any infringement of essential contractual obligations. The same applies to violations by The Home’s agents.
13. SERVICE AND COMPLAINTS
The satisfaction of our members is close to our hearts. Therefore we endeavour to deal with your concerns as quickly as possible and always provide you with our feedback after receiving your input. For service inquiries, please contact our customer service department:
Level 12, 201 Kent Street,
NSW, Sydney, 2000
14. DISCLAIMER FOR HYPERTEXT LINKS
The website thehome.com.au includes hyperlinks to other Internet sites. The Home has no control over the content of these sites, nor does it endorse them or take responsibility for their content. Once The Home becomes aware of illegal content, The Home will remove the corresponding links from thehome.com.au.
15. DATA SECURITY
16. IMAGE RIGHTS AND INTELLECTUAL PROPERTY
16.1 All rights to use imagery on thehome.com.au lie with The Home or our partners. The use of the material - in whatever form - is prohibited unless explicit permission from The Home has been granted.
16.2 You acknowledge and agree that all material and information (such as data files, written text, computer software, music, audio files or other sounds, designs, photographs, drawings, videos or other images (hereafter referred to as the “Content”) that you may have access to on thehome.com.au is owned or controlled by The Home, except where stated otherwise.
16.3 You may not modify, adapt, rent, lease, loan, sell, distribute, or create derivative works based on the Content (either in whole or part) unless you have the express written consent of The Home. You should be aware that, in addition to the Content, other content on thehome.com.au, including sponsored content or advertising content, may be protected by intellectual property rights which are owned or controlled by the people or corporations who provided that content to The Home for inclusion on thehome.com.au (the “Supplier Content”). You may not modify, adapt, rent, lease, loan, sell, distribute, or create derivative works based on the Supplier Content (either in whole or part) unless you have the expressed written consent of The Home or by the owners of the Supplier Content, either in these Terms and Conditions or otherwise.
17. PURCHASE OF KNIVES
17.1 By law, we cannot sell or deliver any cutting implements such as knives to anyone under the age of 16 in NSW and ACT, and under the age of 18 in Victoria. When you order these products online, you are confirming that you're of the legal age and that the information you have provided us is true and accurate.
18. PURCHASE OF ALCOHOL
18.1 It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
18.2 By law - the delivery of alcohol must be accepted by an adult being either the person who placed the order, or another adult who is able to accept the delivery on behalf of the person who placed the order.
18.3 TheHome.com.au Liquor License No: 36123474
19. PAYPAL FREE SHIPPING
19.1 Free shipping does not apply to bulky/heavy items. This offer is for new customers only. Free shipping only applies to one order from one sale, and expires on 14 May 2014 at 11pm. Your shipping credit will be automatically added to your account and can be applied in the credit section at checkout.
20. GENERAL PROVISIONS
20.1 Should any provision of this agreement be legally void, this does not invalidate the whole contract. Instead, the invalid provision shall be replaced with an effective provision with the same economic purpose. The same applies to possible gaps in this contract.
20.2 The Home reserves the right to amend these terms and conditions for future business. Excluded from this are unreasonable changes, especially pertaining to essential contract elements, such as the main benefits owed, which would be subject of a contract modification. The Home will publish any amended Terms and Conditions in a timely fashion on thehome.com.au.
20.2.1 In this clause 20.3:
188.8.131.52 The following expressions have the meanings given in the GST Act: “adjustment note”, “consideration”, “GST”, “supply”, “tax invoice”, "supplier", “recipient” and “taxable supply”; and
184.108.40.206 For the avoidance of doubt, “GST” excludes any penalties or additional tax imposed in relation to the GST.
20.2.2 If GST is imposed on any supply made under this Deed by one party (“the supplier”) to another party (“the recipient”) and the consideration payable or to be provided for the supply under any other clause in this Deed is not expressed to be inclusive of GST the receiving party must pay, in addition to and at the same time as any GST exclusive consideration is payable or to be provided for the supply, an additional amount calculated by multiplying the value of that GST exclusive consideration (without deduction or set off) by the prevailing GST rate.
20.2.3 The recipient is not required to pay any amount of GST to the supplying party unless the supplier has made demand for payment by means of a tax invoice.
20.2.4 If the amount of GST recovered by the supplier from the recipient differs from the amount of GST payable at law by the supplier in respect of the supply, the amount payable by the recipient to the supplier will be adjusted accordingly.
20.2.5 Where one party (“the payer”) is liable to reimburse another party (“the payee”) for any expenditure incurred by the payee (“expenditure”), the amount reimbursed by the payer will be the GST exclusive expenditure plus any GST payable by the payer to the payee pursuant to clause 16.3.
20.3 This Deed is governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales and any courts, which have jurisdiction to hear appeals from any of those courts in respect of any proceedings in connection with this Deed.
20.4 No provision of this Deed merges on execution, completion or termination.
20.5 These terms and conditions embody the entire agreement between the parties with respect to their subject matter and supersede any prior negotiations, arrangement, understanding or agreement with respect to the subject matter or any term of these terms and conditions.
21. IDENTIFICATION REQUIREMENTS
21.1 We may restrict sales quantities to each member to normal household quantities in order to enable all of our members to have a chance of purchasing the products they desire.
21.2 In an effort to prevent fraudulent use of credit cards or other payment options, we will make reasonable efforts to validate the legitimacy of the order and/or the cardholder’s identity, which may include requesting proof of identity. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will follow internal company procedures to confirm the order is bona fide. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order (notifying you via email).