TERMS & CONDITIONS
Who we are
Welcome, we’re an enthusiastic bunch. We love a bit of wit. And everything we do; we do with integrity. HomeBazar.com.au is where we call home, it’s our website - A site operated by Squarespace for Home Bazar Pty Ltd (ABN 66 636 404 987 ).
Please read the following terms and conditions ("Conditions") carefully. By using this Website you agree to be bound by, and to comply with, these Conditions. If you do not agree to these Conditions, please do not use this Website.
We reserve the right at Our discretion to make changes to these Conditions at any time. It is Your responsibility to regularly check these Conditions to see if any changes have been made to them. Your continued use of the Website following the posting by Us on the Website of any changes to these Conditions confirms Your acceptance of those changes.
Contact Us if You have any questions relating to these Conditions by emailing Us at hello@homebazar.com.au.
DEFINITIONS
"Conditions" means these terms and conditions as varied from time to time and which currently comprise of Our Terms and Conditions for Use of the Website, Our Terms of Trade for Online Purchases, Our Delivery and Returns Policy and Our Privacy Policy;
"Contract" means the contract incorporating Our Terms of Trade for Online Purchases which is formed between You and Us when You place an Order and We confirm Our acceptance of Your Order;
"Online Purchase" means the purchase of one or more Products through the Website;
"Order" means an order placed by You via the Website for one or more Products;
"Product" means any of Our products available for sale on this Website;
'We/Us/Our" means Home Bazar Pty Ltd (ABN: 66 636 404 987) of 1795-1797 Sydney Road, Campbellfield VIC 3061;
“You/Your” means a user of the website;
"Website" means the website located at www.homebazar.com.au and operated by Us.
TERMS AND CONDITIONS FOR USE OF THIS WEBSITE
These terms and conditions ("Conditions of Use") apply to Your access and use of the Website.
Website and Content
This Website is created and controlled by Us. All right, title and interest (including present and future copyright) in the Website and in all material appearing on the Website ("Content") is owned by Us or by Our licensors.
The Content may include registered trade marks, and other trade marks that are otherwise protected by law. Except as expressly authorised, You may not use any of these trade marks, including the mark "Home Bazar" which is a registered trade mark owned by Us.
You acknowledge and agree that all copyright, trade mark rights and other intellectual property rights in the Content shall remain at all times vested in Us or our licensors, as applicable.
This website services Australia only and any prices listed are in AUD. The prices listed will differ to the prices listed in New Zealand stores.
Your Use
We grant you a non-exclusive, non-transferable licence to access and use the Website and its Content only for your personal and non-commercial use and in accordance with the manner set out in these Conditions of Use.
You may view the Website and its Content using Your web browser and You may electronically copy and print hard copies of the Website (or any part thereof) solely for Your personal, non-commercial use.
You may use the Website to place an Order and make Online Purchases in accordance with Our Terms of Trade for Online Purchases.
Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Website and its Content (or any part thereof) is strictly prohibited.
You must not use any device, software or routine that interferes with or attempts to interfere with the proper functionality of the Website. In particular, You must not use any so-called "spider" or similar automated software or device to use or access the Website or the Content in any way.
The Website may be accessed throughout Australia and from overseas. We make no representations that its Content complies with the laws (including intellectual property laws) of 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 this Website.
Privacy
By using the Website you acknowledge and agree that We may collect, store, use and disclose personal information about You in accordance with Our Privacy Policy.
Third Party Sites
The Website may contain links to third party sites which are not operated by Us. We are not responsible for the content of those sites as they are not under Our control. These links are provided solely for Your convenience and if You use a link to access a third party site, You access that site and/or use that site's content (including any products and services available thereon) solely at Your own risk.
The inclusion of links to third party sites on the Website does not indicate, expressly or impliedly, an endorsement by Us of those sites or the products and services provided on those sites, nor does it imply any association between Us and the owner(s) or operator(s) of those sites.
We do not permit operators of third party sites to link to this Website without Our prior written permission.
Disclaimer and Limitation of Liability
You agree that the Website and its Content are provided to You on an "as is" basis without any representations or warranties of any kind, express or implied, as to its operation or the information and materials available on the Website.
We reserve the right to modify or withdraw this Website at any time without liability to You.
You acknowledge and agree that use of the Website is at Your own risk and that the Website may contain errors, faults and inaccuracies or that, from time to time, it may be incomplete or out-of-date. All liability howsoever arising out of any errors, faults, inaccuracies or incomplete or out-of-date information on the Website is hereby expressly excluded to the fullest extent permitted by law.
We cannot guarantee that all files or programs available for download and/or execution from or via this Website are free from viruses or other conditions which could damage or interfere with data, hardware or software with which they might be used. You assume all risk of use of all programs and files on this Website, and You release Us entirely of all responsibility for any consequences of their use.
Neither We, nor Our directors, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this Website and any other site linked to this Website. This limitation applies to direct, indirect, consequential, special, punitive or other damages You or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.
General Indemnity
You asite, and You release Us entirely of all responsibility for any consequences of their use.
Neither We, nor Our directors, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this Website and any other site linked to this Website. This limitation applies to direct, indirect, consequential, special, punitive or other damages You or others may set prior notice to You, terminate Your licence to access the Website and the Content if you breach these Conditions of Use.
Applicable Law
These Conditions of Use are governed by, and construed in accordance with, the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia. If any provision of these Conditions of Use are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Conditions of Use which will continue in full force and effect.
Terms of trade for online purchases
These terms and conditions ("Terms of Trade") are the terms and conditions on which We will supply any of the Products You may order through the Website.
These Terms of Trade only apply to the purchase of Products offered for sale through this Website ("Online Purchases").
When using the Website and/or placing an Order through the Website, You accept that communication between You and Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on the Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
Description and Availability
We take all reasonable measures to ensure that details, measurements and descriptions of Products given on this Website are as accurate and complete as possible but there may be variations between these and the Products themselves.
All Products are subject to availability.
Price
Prices appearing on this Website are in Australian dollars and are inclusive of GST (where applicable) at the current rates.
The cost of Your Order will be the price of the Products ordered plus the appropriate delivery charge. Please note that all prices on this Website are for Online Purchases only.
Due to circumstances beyond Our control, prices may have to be altered, including as a result of any variations in the rate of GST. If this occurs, You will be notified and requested to reconfirm Your Order at the altered price.
Placing an Order
You must not order Products via this Website if You are not resident in Australia or if You are younger than 16 years of age.
All Orders are subject to acceptance by Us and are subject to availability. After placing an Order, You will receive an email from Us acknowledging that We have received Your Order. Please note that this does not mean that Your Order has been accepted.
Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us and are confirmed only when dispatched. Once Your Order has been accepted by Us, a Contract is formed between You and Us.
Risk and title to the Products You have ordered passes to You upon delivery or collection, as applicable, of the Products and payment of the purchase price.
Payment Methods
We accept Master Card, Visa, Paypal as methods of payment on this Website.
We believe that making an Online Purchase on the Website is secure. This is because we are partnered with The Bank of Melbourne and Paypal. Simply complete the requested details when prompted to do so in the checkout section of this Website.
You confirm that the card being used is Yours.
Delivery Locations
Products ordered via the Website can only be delivered within mainland Australia and Tasmania.
Our carriers are unable to deliver to the following locations: Airports, Hospitals and Prisons and Post Offices (P.O.) boxes. We will also at Our discretion exclude delivery to any addresses which are considered to be insecure.
Please refer to Our Delivery and Returns Policy.
Satisfaction Guarantee
It is important to Us that You are delighted with all our Products. If there is any reason why You are not completely satisfied with a Product You ordered from Us, You may cancel the Contract and obtain a refund by returning the Product to Us within 30 days after You received it, provided it is unused and in a re-saleable condition and provided further that You can supply the delivery note or receipt as Your proof of purchase of the Product. (Please refer to the "Returns Policy”).
If after purchase, any Product fails to give reasonable wear - due to either defective workmanship or materials you may obtain a refund by returning the Product to Us within a reasonable period of time and provided that You can supply the delivery note or receipt as Your proof of purchase of the Product, We will credit the purchase price of the Product to the credit card which was used to place the Order. This guarantee is in addition to and does not affect Your statutory rights.
Lost Parcels
We will begin Our missing parcels procedure if your Order fails to arrive within 10 days of dispatch and You notify Us in writing. We will investigate Your claim and, if We are satisfied that the non-arrival of the Product(s) was attributable to Us, then a refund will be credited to the credit card which was used to place the Order.
Please note that we may refuse to make future deliveries to addresses that are considered to be insecure. In this event You will be contacted by Our service team and asked to provide an alternative delivery location for future Orders.
Disclaimer and limitation of liability
We warrant to You that any Product purchased from Us through the Website is of merchantable quality and reasonably fit for the purposes for which products of the kind are commonly supplied.
To the extent permitted by law and except for the warranty set out above, We disclaim any and all warranties of any kind (whether expressed or implied) in relation to the Products.
To the extent permitted by law, in no event will We be liable to You in contract, tort, or otherwise for any loss, damages, costs or expenses including without limitation any consequential, special, incidental or indirect damages of any kind or for loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by You arising out of a Contract or these Terms of Trade.
Without limitation to the foregoing, Our liability for losses You suffer as a result of Us breaching a Contract is strictly limited to the purchase price of the Product You purchased.
Nothing herein shall affect Your statutory rights.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside Our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following:-
a) strikes, lock-outs or other industrial action;
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) Impossibility of the use of public or private telecommunications networks;
f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
Language
The English language is the only language offered for the conclusion of a Contract.
Notices
All notices given by You to Us shall be in writing to Our address set out in these Terms of Trade.
We may give notice to You at either the email or postal address You provided to Us when placing the Order.
Notice will be deemed received and properly served:-
(a) immediately when posted on the Website;
(b) twenty-four (24) hours after an email is sent provided that such email was sent to the specified email address of the addressee, or
(c) three (3) days after the date of posting any letter provided that such letter was properly addressed, stamped and placed in the post.
Severability
If any part of these Terms of Trade or a Contract is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the Terms of Trade or provisions in the Contract shall continue to be valid to the fullest extent permitted by law.
Entire Agreement
Each Contract shall be governed by these Terms of Trade which contain the entire agreement between You and Us in respect of Your Online Purchase.
Governing Law
Each Contract shall be governed by and construed in accordance with the laws of Victoria, Australia and You hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia.