1) Deliveries
- 1.1) Delivery
- (a) Subject to you complying with these Terms, and formation of a contract under section 4(f), House Society will sell and supply the products to you in accordance with your Order.
- (b) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
- (c) On receipt of your payment under clause 5, your Order will be dispatched to your specified delivery address generally within 10 Business Days of you placing an Order.
- (d) You will be required to be available in person to accept delivery of your Order.
- (e) If you wish to change a delivery date or delivery address, you must contact us by email at hello@housesociety.com.au any time up until 72 hours prior to dispatch of your Order, unless you have been provided with a notice that your Order has been dispatched.
- (f)House Society will not accept responsibility for delivery failures or delays by any delivery provider.
- 1.2) Unavailability or delays
- (a) We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, but we cannot guarantee any firm delivery dates.
- (b) If any product is unavailable for immediate delivery, House Society will provide you with notice by way of email of such unavailability and the anticipated time of delivery.
- (c) Other than in respect of delivery to regional or remote areas, if we are unable to deliver your product within 10 Business Days of you placing an Order, we may cancel your order and arrange a refund in accordance with section 9 for any payment that you have made.
- 1.3) Receiving delivery of Order
- (a) You must ensure that you are able to take delivery of the product without undue delay and at a time reasonably specified by us.
- (b) If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier.
- (c) If delivery or collection is delayed by your unreasonable refusal to accept delivery or if you do not (within 2 weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do any of the following:
- 1. charge you for our reasonable storage fees and other costs reasonably incurred by us; or
- 2. no longer make the product available for delivery or collection and notify you that we are cancelling the contract (as formed under section 4(g)), in which case we will process a refund in accordance with section 9).
- 1.4) Title and Risk
- (a) Unless otherwise specified:
- 1. title in the product shall pass to you upon completion of delivery in accordance with sections 1 to 1.3; and
- 2. all risk in the product shall pass to you upon completion of delivery in accordance with section 1 to 1.3.
- (b) If delivery is delayed by your fault, risk shall pass at the date when delivery would have occurred.
- (c) From the time that risk passes to you, we will not be liable for loss or destruction of the product.
- (d) You must take care when opening the product so as to not damage it.
- (a) Unless otherwise specified:
2) Warranties
- 2.1) House Society warranties
We warrant to you that:
- (a) our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure;
- (b) separate to any compulsory consumer guarantees under the Competition and Consumer Act 2010 (Cth), from one year from the date of purchase, that the products:
- 1. are of acceptable quality;
- 2. are fit for any disclosed purposes;
- 3. match any description provided;
- 4. match the sample or demonstration model;
- 5. express warranties will be honoured;
- 6. spare parts and repair facilities will be available for a reasonable time after purchase;
- (c) we have full right and title to sell you the products in accordance with these Terms;
- 2.2) Your warranties
You warrant to us that:
- (a) you have full right and title to purchase the products in accordance with these Terms;
- (b) you have complied with the obligations imposed on you in section 3 when creating your Account.
3) Exchanges, returns & refunds
- 3.1) Exchanges
Please choose carefully, as we do not offer exchanges of any product for another product.
- 3.2) Change of mind returns
Please choose carefully, as we do not offer change of mind returns for any product.
- 3.3) Damaged in transit
- (a) Products must be inspected by you upon delivery.
- (b) If any products appear to be damaged on delivery, please contact us by email at hello@housesociety.com.au and provide us with:
- 1. a description of the damage;
- 2. photographs of the damage;
- 3. your shipping details (including address and date of delivery); and
- 4. your order number, as soon as possible (and not longer than 24 hours from receiving the Order).
- (c) Once considering your notification of damage, House Society may then arrange for the damaged goods to be collected in accordance with section 6 and either arrange (in our sole discretion) to provide you with a refund or a replacement.
- 3.4) Faulty products
- (a) If your product is faulty, please inform us as soon as you become aware of the fault by contacting us in writing at hello@housesociety.com.au and describing the fault (Fault Notice).
- (b) If the product that you have purchased has any of the following types of problems, being a major problem:
- 1. if you had known about this problem, you would not have purchased the product;
- 2. the product is significantly different from the sample or description;
- 3. the product is substantially unfit for its common purpose and cannot be fixed within a reasonable time;
- 4. the product does not do what you asked for and cannot be fixed within a reasonable time;
- 5. the product is unsafe, then we may provide you with your choice of:
- 6. refund for the full purchase price paid; or
- 7. replacement of the product for the same product.
- (c) If the product that you have purchased has problem, other than those specified in section 3.4(b), being a minor problem, then we may, in our sole discretion, provide you with:
- 1. refund for the full purchase price paid; or
- 2. replacement of the product for the same product.
- 3.5) Repairs
- (a) If the fault in the product is a minor fault in section 4(c), then you must accept a free repair if we offer that to you.
- (b) We will take all reasonable endeavours to collect, at our own cost, a product with a minor fault for repair within 10 Business Days of receipt of a Fault Notice or such other reasonable time period.
- (c) On receiving your product for repair, the product will be assessed and/or repaired within a reasonable timeframe. You may be provided with an indicative time frame for the repair, which may vary due to reasons beyond our control.
- (d) If we are unable to collect your product for repair within the timeframe specified in section 5(b), or take an unreasonable amount of time to repair your product, you may:
- 1. take the product for repair at a third party repairer, and provide us with a receipt for the costs of repairs;
- 2. request a replacement product in writing;
- 3. request a refund for the product in writing (and we will arrange for the product to be returned);
- 4. request in writing, compensation for a drop in value of the product due to the repairs required.
- (e) Should House Society undertake any repairs to the product, as at the date of completion of the repairs and for a period of one year from then, we repeat the warranties in section 1 but in respect of the repairs only.
- 3.6) Returns
Where a return is made due to a product being damaged in transit under section 3.3, a faulty product under section 9.4 or a product repair not progressing under section 3.5(d)(3), we will make all arrangements for and bear all costs associated with shipping return or transportation of the product.
- 3.7) Replacements
If you are entitled to a replacement of a product in accordance with section 3.3, 3.4(b) or 3.4(c), then we will:
- (a) arrange for a product of an identical type to be delivered to you; and
- (b) collect the faulty product, at our own cost.
- 3.8) Refunds
- (a) A full refund will be provided in the following circumstances:
- 1. your Order is not accepted for any reason or we have agreed to cancel your Order as per section 4(h);
- 2. a product is unavailable for delivery as per section 2(c);
- 3. where a product has a major problem and you have elected to receive a refund in section 4(b);
- 4. where a product has a minor problem and we have elected to provide you with, and you have accepted receiving a refund in section 4(c);
- 5. you have requested and we have accepted your request under section 5(d)(3) to receive a refund.
- (b) You are not entitled to a refund in the following circumstances:
- 1. you found the same or a similar product cheaper somewhere else; or
- 2. any other reason not otherwise specified.
- (c) A refund will ordinarily be processed within 3 Business Days of us receiving the returned product, and you confirming your bank details.
- (a) A full refund will be provided in the following circumstances: