Terms and Conditions

Homemakers South Ltd – Terms & Conditions

In these Terms and Conditions, “We” “Us” and “Our” refers to Homemakers South Ltd (ABN 77 071 583 483).

Your access to and use of all information on this Website, including the purchase of our product/s is provided subject to the following Terms and Conditions.

By using or accessing this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

We reserve the right to amend these Terms and Conditions at any time, and your use of the Website following any amendments constitutes your agreement to be bound by these Terms and Conditions as amended.

We may remove content or alter the content of our Website without notice to you.

Product Prices

  1. All prices are in Australian Dollars (AUD) and are inclusive of GST, unless otherwise stated (e.g. Lift Chairs which are GST Free).
  2. We endeavour to ensure that our displayed prices on our website are always current, however, we will from time to time vary our prices, at our discretion.
  3. Prices displayed on this Website are recommended retail prices for purchases through our Website and are valid unless otherwise stated or, until the product is removed from the Website.

Product Descriptions

  1. We strive to ensure that our products are described as accurately as possible, however, We do not warrant that the description is perfect due to manufacturing or other minor product changes. Where We become aware of any significant changes or errors in the description of our products on our Website, We will correct any error or omission as soon as possible.
  2. Product images are provided for illustrative purposes only and We do not guarantee that any image will reproduce exactly as represented on Our Website, nor that any given image will reflect or portray the colour, full design or options relating to that product.

For orders placed through a Homemakers branded retail store

Product availability – Instore

  1. The products described on this Website may be available for purchase in participating Homemakers stores.
  2. It is the individual store's decision to stock that product. Colour availability, stock numbers and price vary from store to store. For further information, contact your nearest Homemakers Store.

Product pricing – Instore

  1. The products sold in participating Homemakers stores may be priced differently compared to the prices represented on Our Website due to a number of factors, including store specials.

For orders placed through the Homemakers South Ltd Website

Product availability – Online Purchase

  1. Where a product is available for purchase online via the Homemakers Website the product will be enabled to allow you to add the product to a shopping cart and process a purchase transaction.
  2. Where a product is listed as available for purchase online via the Homemakers Website, We will endeavour to show only products that are in stock available for sale.
  3. In the unlikely event occurs that a product that you have placed an order for is discovered to be out of stock, We will contact you to advise when it will be in stock. If a product on order is longer being stocked or you do not wish to wait for it to be in stock, We will arrange to cancel the order of that product and refund any payment that We may have received from you for that product.
  4. Please note that for online purchases, We only accept orders where the delivery address for the order is within 100 kilometres of one of Our retail stores located in Australia. If your delivery address is outside of 100km from one of Our retail stores, Our Website will show that the product is unavailable to you for purchase.

Placing an Order – Online Purchase

  1. order to place an order online for a product via the Homemakers Website, you will be required to place the order as a Guest.
  2. Please ensure that you enter all information carefully when creating your Homemakers account. You warrant to Us that all information provided by you in relation to your account is complete, true and accurate and We will rely on the information provided by you.
  3. When you place your order through Our Website, you will be emailed a copy of an order confirmation. The order confirmation will confirm your personal details, as well as items ordered and the purchase price of all items that have been ordered.
  4. Once you receive your order confirmation from us, please check that the order correctly reflects your purchase. If you notice that any details on your order are incorrect, please email orders@homemakersfurniture.com.au immediately.
  5. Changes in your order can be made up to 24 hours after the order has been placed. Thereafter, Homemakers cannot make changes to your order.
  6. Homemakers may reject or cancel any order at its absolute discretion at any time prior to delivery, including, but not limited to:
    1. An error in the advertised price for, or description of, the products on the Website;
    2. An error in your Order;
    3. Your payment being declined, dishonoured or otherwise cancelled;
    4. Your breach of these Terms and Conditions;
    5. Your breach of any other obligations you may have to Homemakers;
    6. Homemakers suspecting a fraud operating on your account or order;
    7. Illegality.
  7. Representations of products for sale made by Homemakers by Our Website do not constitute an offer to sell but an invitation to treat.

Payment for goods – Online Purchase

  1. All payments processed via the Homemakers Website – are processed through a secured third party – eWAY which is an end-to-end payments provider. Established in 1998, eWAY has been paving the way for Australian and New Zealand merchants to receive online payments from their customers. eWAY process billions of dollars in credit card payments every year for over 26,000 merchants and growing. eWAY secures all customer and credit-card data with military-grade software and servers, and the highest level of encryption available. eWAY is certified as meeting Level 1 of the PCI DSS compliance criteria, which is the highest level of compliance available and is the same levels of data security of the biggest banks in the world.
  2. We accept payment via VISA & Mastercard.
  3. Payment for goods ordered through the Website will be processed at the time that the order is placed on Our Website.
  4. Where a payment is made on a weekend or on a public holiday (as gazetted in Victoria), the payment will be processed on the next business day.
  5. Homemakers retains ownership, risk and title of ordered products until such time that that your order has been paid in full, including any delivery charges. Ownership, risk and title to products passes to you at the time of payment in full being received from you.

Delivery of Products – Online Purchase

  1. The order confirmation provided to you by Homemakers after you place an order on Our Website will provide the details of your nearest Homemakers retail store that will be arranging delivery of the products to you.
  2. Any delivery queries should be directed to the local store listed on your order confirmation.
  3. At this point of time We do not allow purchases that are placed online to be picked up.
  4. We have a flat rate charge for delivery of $88 (including GST) for orders placed on Our Website. This will be billed to you when you place your order. In the event that your order is delivered over more than one shipment, the flat rate of shipping shall still apply.
  5. Currently We can only deliver to one location specified on an order for online purchases. However, you can submit multiple orders with different delivery addresses; delivery fees apply to each order/delivery location, regardless of whether multiple orders are placed by a single person or on a single user account.
  6. Due to the bulky nature of the products that We supply, We can only deliver to a physical address. We cannot deliver to a post office box.
  7. We aim to deliver products to you within 3 weeks of placing the order through Our Website, however, this is an estimate only. On occasions there may be delays to deliveries around Christmas and Easter holiday periods, or unexpected delays by transport carriers that are beyond Our control. If there are any delays beyond Our expected delivery timeframes, We will inform you of those delays as soon as We know about them.
  8. You or your delegate (over the age of 16 years) must be present when your purchase is delivered and must sign for the delivery of the goods.
  9. You will be contacted by your local Homemakers retail store to arrange a suitable date and time to deliver your purchases to your specified delivery address.

Product Claims – Online Purchase

  1. For any product claims please see https://homemakersfurniture.com.au/warranty-and-returns-policy

General Conditions related to Our Website

Site Contents, ownership and restrictions

  1. The material on this Website is protected by copyright under the laws of Australia and other countries through international treaties.
  2. Unless otherwise indicated, and except for information directly from or links to third-party Websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, images, graphics, illustrations, designs, logos, icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Homemakers South Ltd and its related companies, affiliates, licensors and licensees.
  3. Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Website solely for the proper and reasonable purposes of:
    1. Using this Website as a shopping resource, provided that you do not modify the Website and that Homemakers South Ltd retains all copyright and other proprietary rights contained in the Contents; and;
    2. You must not, without Our prior written permission, exploit any of Our Website materials or Contents for commercial purposes or other purposes that are not expressly permitted under these Terms and Conditions.
  4. Your right to access and use the Content on Our Website does not include the right to use any data mining robots or other extraction tools.
  5. You are not permitted to meta tag or mirror Our Website without Our prior written permission.

Information from and links to third party Websites

  1. This Website may from time to time contain information from, or hyperlinks or other pointers, to other Websites operated by third parties. Such information and hyperlinks are provided for your convenience only and We are not responsible for the accuracy, relevancy, copyright compliance, legality or decency of the contents of any such information or Websites.
  2. The inclusion of any hyperlink does not imply Our endorsement, support or sponsorship of the linked Website nor of the information and/or products which that Website may provide. You rely on such information or Websites entirely at your own risk.

Links to this Website

  1. You may link to Our Website without Our written consent. Any such linking will be entirely at your own risk and expense. By linking, you must not alter any of Our Website's contents including any intellectual property notices and you must not frame or reformat any of Our pages, files, images, text or other materials.

We can use your feedback

  1. You grant Homemakers South Ltd an irrevocable, non-exclusive licence to use any material, information and ideas (collectively referred to as Feedback) that you transmit to Our Website or otherwise provide to Us from the time you authorise it to be sent. You agree that We may use and adapt any ideas, concepts, techniques, words, images or other content contained in your Feedback for any purpose and without restriction or compensation.
  2. If you provide Us with Feedback, you acknowledge that you are responsible for its content including its legality, originality and copyright.

General prohibitions

  1. You must not upload, post, transmit or otherwise make available through this Website any material which:
    1. violates or infringes the rights of others (including their privacy and intellectual property rights); or
    2. is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; or
    3. encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the site; or
    4. affects the functionality or operation of Our Website or its servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly).

Indemnity

  1. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Homemakers will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:
    1. your account information being incomplete or inaccurate;
    2. any unauthorised use of your password or account which takes place before you notify us, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all;
    3. Use, whether proper or improper, of the goods supplied by Homemakers;
    4. Your failure to provide Homemakers with correct information;
    5. Act action or omission of You in relation to your dealings with Us and the goods supplied by Us;
    6. The transaction between Us and You.
  2. You agree to release and indemnify Us, and keep Us indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Us in connection with:
    1. Use (whether authorised or unauthorised) of your user name, password or Homemakers customer account; and
    2. Your breach of these Terms and Conditions or your breach of any rights of third parties; and
    3. Use of the Website; and
    4. Use of the goods supplied by Homemakers; and
    5. The transaction between Us and You.
  3. In respect of the above indemnities, You authorise Us to cancel Your order and compensate ourselves from Your payment for any loss, damage or detriment suffered by Us, and we shall return the balance of Your payment (if any) to you in accordance with these Terms and Conditions.

Disclaimers

  1. Notwithstanding anything to the contrary contained in these Terms and Conditions, or on Our Website, your purchase of products from Homemakers is subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the products must be of acceptable quality, reasonably fit for the purpose that Homemakers represents they will be fit for, and that the products will correspond with any relevant description. Nothing in Homemakers’ Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
  2. Subject to the operation of the Australian Consumer Law, We do not provide any warranty either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded.
  3. We take all due care in ensuring that Our Website is free of any virus, worm, Trojan horse and/or malware, however, We are not responsible for any damage to your computer system which arises in connection with your use of Our Website or any linked Website.

Jurisdiction

  1. These Terms and Conditions are to be governed by and construed in accordance with the laws of the State of Victoria and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.
  2. If any provision in these Terms and Conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these Terms and Conditions and the remaining provisions will remain in full force and effect.

Privacy

  1. We undertake to take all due care with any information which you may provide to Us when accessing Our Website. However, We do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to Us is entirely at your own risk although We undertake to take reasonable steps to preserve such information in a secure manner.
  2. Our compliance with privacy legislation is set out in Our separate Privacy Policy which may be accessed from Our home page.

These Terms and Conditions were last updated on 14 Sep 2020.