Terms & Conditions

These Terms & Conditions of Purchase are current on and from AUGUST 2018.

We want our customers to be completely satisfied with every purchase! We therefore recommend that you read these Terms & Conditions of Purchase carefully, so you are familiar with the terms that apply to your purchase of our beautiful products.

1) House Society online

  • The House Society Pty Ltd ACN 625 198 245 as Trustee for House Society Trust (referred as “House Society”, “we“, “our” or “us“) operates the business from housesociety.com.au and the associated mobile application (“Site“).
  • Your purchase of a product from our Site is subject to these Terms & Conditions of Purchase (“Terms”), Site Terms of Use and any other conditions that we specify from time to time.
  • The products described on the Site are available from House Society online only, and there is no in-store pick-up available.
  • You and House Society may enter into a sale contract for the sale and supply of products, by you making an offer to purchase the products at the specified price, subject to these Terms.

2) Acceptance of terms

  • We strongly recommend that you read all of the terms in these Terms & Conditions.
  • By browsing, accessing, using the Site or ordering a product, you agree to be bound by these Terms & Conditions and the Site Terms of Use.
  • If you do not agree, please do not use our Site or cease using our Site.

3) Guests and registered users

  • (a) You may access or use our Site as a guest or register as an Account holder.
  • (b) To become a member of the Site, you must:
    • 1. provide your name, address, telephone number, valid email address and nominate a password;
    • 2. be at least 18 years of age and capable of entering into this agreement; and
    • 3. all information you supply to us is true, accurate, current and complete.
  • (c) If you do not comply with section 3(b), we may not be able to activate your Account or supply products to you. You agree to keep your details current at all times by accessing your account via the Site.
  • (d) You will receive an email from us as soon as practicable after you create your Account.
  • (e) You must not use another person’s Account without their permission.
  • (f) You must keep your password secure as you are responsible for any activity on your Account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or Account.
  • (g) If you forget your password for your Account, you may re-set that password by clicking on the relevant link on the Site and we will email you a new password.
  • (h) We reserve the right to terminate or suspend an Account without notice for any reason whatsoever including, without limitation, if we determine or suspect that you have breached these Terms.

4) Orders

  • (a) Representations of products for sale by House Society on the Site do not constitute an offer to sell, but instead an invitation to treat.
  • (b) When placing an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it, including providing us with:
    • 1. your full name;
    • 2. a delivery address, which cannot be a PO Box;
    • 3. a billing address (if different from your delivery address)
    • 4. your contact phone number and email address; and
    • 5. any special delivery instructions.
  • (c) If you discover that you have made a mistake with your Order after you have submitted it to the Site, please email us immediately (and not more than 24 hours) at hello@housesociety.com.au, provided that your Order has not already been dispatched in accordance with section 7 of these Terms. We cannot guarantee that we will be able to amend your Order in accordance with your instructions.
  • We offer cancellations of your Order, provided you give us written notification to hello@housesociety.com.au of the cancellation within 24 hours of submitting your Order to the Site and your Order has not already been dispatched in accordance with section 7 of these Terms. We cannot guarantee that we will be able to cancel your Order in accordance with your instructions.
  • (d) When you complete the placing of an Order, you will receive a confirmation email from us. This email is only an acknowledgement, and will not constitute acceptance of your Order.
  • (e) A contract for the purchase of the products will only be formed on the happening of all of the below:
    • 1. you place an Order online for the products through our Site;
    • 2. you confirm the details of your Order in accordance with the procedures on our Site;
    • 3. you make payment in full of any amounts due and owing and in accordance with section 5 of these Terms;
    • 4. you receive an email from us notifying you that the items have been shipped.
  • (g) Until a contract has been formed in accordance with section 4(f), we are not obliged to provide you with the products. Before this time, we may in our sole discretion, refuse to accept an Order from you, refuse to process an Order or cancel an Order for any reason, including but not limited to:
    • 1. unavailability of stock or we may offer you an alternative product (in which case, you may be required to re-submit an Order);
    • 2. an error in the advertised price for, or description of, the products on our Site;
    • 3. an error in your Order;
    • 4. we suspect that you might sell our products to other consumers, and we have not given you authority in writing to do so.
  • (h) If an Order is not accepted for any reason or a cancellation has been permitted under section 4(d) and House Society have received payment, we will organise a refund to be issued to you in accordance with section 9.
  • (i) If you have any enquiries about the progress of your order, please email House Society at hello@housesociety.com.au, and we will endeavour to answer your enquiry.

5) Price & payment

  • (a) Prices are shown in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change from time to time.
  • (b) If you are purchasing a product for delivery to an address in New Zealand, you may be charged additional amounts for any currency conversion, shipping or customs and excise duties as applicable.
  • (c) Each published saving or discount offered in by reference to the recommended retail price of the normal ticketed price of that product on our Site.
  • (d) Images of any products shown without any advertised price beside that image are not offered for sale. Unless otherwise stated, any accessories shown in any images of any products are not included in the price.
  • (e) We reserve the right to correct any errors published on our Site.
  • (f) Once you select a product that you wish to order, irrespective of any previous prices you have seen or heard, you will be shown on the Site the price you may pay consistent with section 5(a).
  • (g) All payments must be made in full prior to delivery under section 7
  • (h) Payment must be made in any of the following manners:
    • 1. by credit or debit card;
    • 2. by direct debit;
    • 3. by e-gift card (if available);
    • 4. by PayPal or other secure payment gateway facilities (and will be subject to any terms and conditions of these providers);
    • 5. by another payment gateway (and will be subject to any terms and conditions of these providers).

6) eGift Cards

  • 6.1) Purchase & Payment – eGift Cards
    • (a) If available, eGift Cards may be purchased online from House Society.
    • (b) Payment for the eGift Card must be made in any of the following manners:
      • 1. by credit or debit card;
      • 2. by direct debit;
      • 3. by PayPal or other secure payment gateway facilities (and will be subject to any terms and conditions of these providers);
      • 4. by another payment gateway (and will be subject to any terms and conditions of these providers).
    • (c) All payments under section 1(b) must be made in full prior to delivery of the eGift Card under section 6.2 occurring.
  • 6.2) Delivery – eGift Card

eGift Cards will be delivered to the email addressed nominated by you in your order, at no additional cost to you. You must ensure that you provide us with the correct email address for the delivery of the eGift Card, as we cannot re-issue an eGift Card that has been sent to the incorrect email address.

  • 6.3) Activation & Expiry
    • (a) eGift Cards will be automatically activated at the time of delivery to the email address in accordance with section 2.
    • (b) An eGift Card will expire 12 months from the date of issue under section 2, and any balance remaining after the expiry date will not be redeemable.
  • 6.4) Redemption

An eGift Card may be redeemed for goods and services purchased from the Site, and may be applied at the point of purchase.

  • 6.5) Exclusions
    • (a) An eGift Card that House Society in its sole discretion considers to be fraudulent will not be redeemable by the holder.
    • (b) An eGift Card cannot be:
      • 1. used to make a purchase over the phone;
      • 2. used to purchase another eGift Card; or
      • 3. exchanged for cash.
    • 6.6) Lost or Stolen Cards

It an eGift Card is lost or stolen, House Society bear no responsibility for re-issuing, refunding ort honouring the eGift Card if lost or stolen.

7) Deliveries

  • 7.1) 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.
  • 7.2) 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.
  • 7.3) 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).
    • 7.4) 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 7.3; and
        • 2. all risk in the product shall pass to you upon completion of delivery in accordance with section 1 to 7.3.
      • (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.

8) Warranties

  • 8.1) 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;
  • 8.2) 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.

9) Exchanges, returns & refunds

  • 9.1) Exchanges

Please choose carefully, as we do not offer exchanges of any product for another product.

  • 9.2) Change of mind returns

Please choose carefully, as we do not offer change of mind returns for any product.

  • 9.3) 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.
  • 9.4) 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 9.4(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.
  • 9.5) 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.
  • 9.6) Returns

Where a return is made due to a product being damaged in transit under section 9.3, a faulty product under section 9.4 or a product repair not progressing under section 9.5(d)(3), we will make all arrangements for and bear all costs associated with shipping return or transportation of the product.

  • 9.7) Replacements

If you are entitled to a replacement of a product in accordance with section 9.3, 9.4(b) or 9.4(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.
  • 9.8) 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.

10) Privacy policy

  • (a) We do not provide your personal information to third parties for their marketing purposes without your explicit consent.
  • (b) We do not transfer or store your personal information at a destination outside of Australia, but our third party service provider do. By accepting these Terms you expressly acknowledge, consent and agree to the disclosure, transfer, storing or processing of any of your personal information outside of Australia.
  • (c) The Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of personal information outside of Australia do not breach the privacy principles contained within Privacy Act.
  • (d) We acknowledge the importance of protecting personal information and have taken reasonable steps, to ensure that any personal information is used by third parties securely and in accordance with the terms of these Terms and Site Terms of Use.

11) Disclaimer and our limitation of liability

  • 11.1) Disclaimers
    • (a) Any Liability which may arise under or in respect of the Terms of Use sit separately to and are not affected by any liability that may arise under or in respect of these Terms.
    • (b) You acknowledge and agree that, despite all reasonable precautions on our part, we exclude all Liability to you or anyone else for Loss or damage of any kind (howsoever caused or arising) relating in any way to your purchase, including but not limited to any Loss or damage you may suffer as a result of:
      • 1. any Loss of or damage to the product you have purchased where we are not responsible for such Loss or damage; and
      • 2. the unavailability of any product you have purchased,

and you acknowledge that the existence of any of the above in section 11.1(b) will not be a breach of this agreement.

  • 11.2) Implied terms
    • (a)To the full extent permitted by law,
      • 1. any term which would otherwise be implied into these Terms is excluded (subject to section 2(b));
      • 2. you acknowledge that we provide the Site on an ‘as is, where is’ basis, and we make no warranties or representations, express or implied, as to the Site (and any information or documentation provided in connection with it).
    • (b) Notwithstanding section 2(a)(1), nothing in these Terms excludes liability for:
      • 1. a compulsory consumer guarantee which applies under the Competition and Consumer Act 2010 (Cth) and which cannot be excluded, restricted or modified and as applicable to any product;
      • 2. any other term which cannot lawfully be excluded,

such terms will apply, save that our Liability for breach of any such term will be in accordance with the remainder of this section 11.

  • 11.3) Consequential Loss

To the maximum extent permitted by law, we (and any of our Related Entities) do not accept responsibility for any Loss or damage (whether in contract, tort, statute or otherwise) for any consequential, incidental, special, exemplary or indirect damages of any kind, or for any loss of profits, revenue or opportunity arising out of or in connection with this agreement, your use of this Site or reliance on any information contained in this Site, or use of any linked web site, however caused, even if we have been advised of or should have known the possibility of such damages.

  • 11.4) Limitation of liability
    • (a) To the extent we are held liable in connection with these Terms (whether in contract, under a right of indemnity, tort or statute), then our cumulative liability will be limited (at our option) to any one or more of the following:
      • 1. re-supplying the product to which the liability relates or the supply of equivalent services; or
      • 2. refunding (subject to the cap on liability in this section) the amount you paid for the relevant product under this agreement.
    • (b) This limitation of liability extends to Loss, damage or personal injury caused directly or indirectly by your access to or inability to access the Site and your reliance on any information provided on the Site, even if we have been advised of the possibility of such damages or injury.
    • (c) Despite anything else in these Terms, to the extent that we are liable in connection with these Terms (whether in contract, under a right of indemnity, tort or statute), our cumulative liability in the aggregate (to the fullest extent permitted by law) will not exceed the amount you paid for the relevant product under this agreement.
    • (d) The parties acknowledge and agree that the foregoing provisions represent a reasonable allocation of risk and that the parties would not enter into this agreement absent such provisions.

12) Your Indemnity

  • (a) You agree to indemnify us and our Related Entities (as that term in defined under the Corporations Act 2001 (Cth)) and agents from all Claims, Liabilities and expenses (including legal fees) that arise from
    • 1. your breach of these Terms;
    • 2. your breach of any warranty given in section 2;
    • 3. your breach of any applicable law or third party rights.
  • (b) We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

13) Miscellaneous

  • 13.1) Governing Law; Jurisdiction

These terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of Queensland, Australia.

  • 13.2) Notices
    • (a)You can give us notice under this agreement by email at hello@housesociety.com.au.
    • (b) We can give you notice under these Terms by emailing you at the address you provide in your Account.
    • (c) You agree to keep your contact information up-to-date, and understand that we will have no way of notifying you if your contact information is not current.
  • 13.3) Assignment
    • (a) You must not assign, transfer or novate all or any part of its rights or obligations under or relating to this agreement or grant, declare, create or dispose of any right or interest in it, without the prior written consent of each other party.
    • (b) House Society may assign, transfer or novate all or any part of its rights or obligations under or relating to these Terms in its sole discretion and without prior notice to you.
  • 13.4) Severability

If a provision of this agreement is illegal, invalid, unenforceable or void in a jurisdiction it is severed for that jurisdiction and the remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

  • 13.5) Variation

An amendment or variation to these Terms is effective from the date it is published on the Site.

  • 13.6) Waiver
    • (a) A party’s waiver of a right under or relating to this agreement, whether prospectively or retrospectively, is not effective unless it is in writing and signed by that party.
    • (b) No other act, omission or delay by a party will constitute a waiver of a right.
  • 13.7) Your responsibility

It is your responsibility to:

  • (a) make your own enquiries and an independent decision before forming an opinion or taking any action based on the information contained in our Site; and
  • (b) ensure that the product you wish to purchase is sufficient and suitable for your purposes and meets your individual requirements.

14) Definitions & interpretation

  • 14.1) Definitions

In this agreement:

Account means an account in your name that you register on our Site.

Business Day means a day which is not a Saturday, Sunday or public holiday in Queensland, Australia.

Claim means, in relation to a person, any action, allegation, claim, demand, judgment, liability, proceeding, remedy, right of action or right of set-off made against the person concerned however it arises whether:

  • (a) it is present, unascertained, immediate, future or contingent;
  • (b) it is based in contract, tort, statute or otherwise; or
  • (c) it involves a third party or a party to this agreement.

Fault Notice means a notice under section 9.4(a).

Liability means any liability, debt or obligation, whether actual, contingent or prospective, present or future, qualified or unqualified or incurred jointly or severally with any other person.

Loss means any loss (including Consequential Loss under section 11.3), claims, actions, liabilities, damages, expenses, diminution in value or deficiency of any kind whether direct, indirect, consequential or otherwise.

Order means the order submitted by you to the Site to purchase products from us.

Related Entity means a person which is a related entity within the meaning of that term in section 9 of the Corporations Act.

Site means www.housesociety.com.au and the associated mobile application.

  • 14.2) Interpretation
    • (a) Unless the contrary intention appears, a reference in this agreement to:
      • 1. this agreement or another document includes any variation or replacement of it despite any change in the identity of the parties;
      • 2. one gender includes the others;
      • 3. the singular includes the plural and the plural includes the singular;
      • 4. a person, partnership, corporation, trust, association, joint venture, unincorporated body, Government Body or other entity includes any other of them;
      • 5. an item, recital, section, sub-section, paragraph, schedule or attachment is to an item, recital, section, sub-section, paragraph of, or schedule or attachment to, this agreement and a reference to this agreement includes any schedule or attachment;
      • 6. a party includes the party’s executors, administrators, successors, substitutes (including a person who becomes a party by novation) and permitted assigns;
      • 7. any statute, ordinance, code or other law includes regulations and other instruments under any of them and consolidations, amendments, re-enactments or replacements of any of them;
      • 8. money is to Australian dollars, unless otherwise stated; and
      • 9. a time is a reference to time unless otherwise specified.
    • (b) The words include, including, such as, for example and similar expressions are not to be construed as words of limitation.
    • (c) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
    • (d) Headings and any table of contents or index are for convenience only and do not affect the interpretation of this agreement.
    • (e) A provision of this agreement must not be construed to the disadvantage of a party merely because that party or its advisers were responsible for the preparation of this agreement or the inclusion of the provision in this agreement.
  • 14.3) Parties
    • (a) If a party consists of more than one person, this agreement binds each of them separately and any two or more of them jointly.
    • (b) An agreement, covenant, obligation, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them separately.
    • (c) An agreement, covenant, obligation, representation or warranty on the part of two or more persons binds them jointly and each of them separately.
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