Terms & Conditions
ABOUT THESE TERMS AND CONDITIONS
In Thing Homeware Pty Ltd ABN: 71 598 360 731 "we" "us" operates a website, www.inthinghomeware.com.au (our "Site") and the Site and related services are made available to the Customer ("you") pursuant to the following Terms of Conditions and any other policies posted on our Site from time to time (collectively). Please read the Terms & Conditions carefully before placing any orders on our Site. We recommend you should keep a copy of the Terms & Conditions for future reference. We may modify the Terms & Conditions at any time. By accessing or using this Site, you agree to these terms & conditions of use. If you do not agree to these terms you may not use this Site.
AUSTRALIAN SALES ONLY
We sell and ship Products only within Australia. We will not make deliveries outside of Australia.
ELIGIBILITY TO PURCHASE
In order to make a purchase through the Site, you will be required to register and provide your personal details. In particular, you must be over 18 years of age and you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and guarantee that the payment details you provide on ordering are both valid and correct and that you are the person referred to in the billing information provided.
ACCEPTANCE OF YOUR ORDER
You may place an Order by filling in the Order Form on the In Thing Homeware Site and clicking the "Submit My Order" button. Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms & Conditions. Information contained on the Site constitutes an invitation to treat. No information on our Site constitutes or should be deemed as an offer by us to supply any Products; however In Thing Homeware will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. In Thing Homeware and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming items in stock and shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone. At this point you can opt to receive a refund for 'out-of-stock' items or wait for stock to arrive and be shipped to you at no further cost.
We reserve the right not to accept your order if we are unable to obtain authorisation for payment, the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms & Conditions .
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site, removing or editing content on the Site; refusing to process a transaction; or suspending any transaction after processing has begun.
PAYMENT METHODS AND PROCESSING
In Thing Homeware currently accepts PayPal (coming soon), Visa or MasterCard only. Payment processing will not begin until we receive all the information we need. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding SA & Australian Public holidays. We process credit card and PayPal payments after you click the "Submit My Order" button. For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase subject to payment being received by us. Payments will be debited and cleared from your account upon dispatch of your order by In Thing Homeware. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to In Thing Homeware, we will not be liable for any delay or non-delivery.
We take all reasonable care to make our Site secure. All credit card transactions on this Site are processed using a secure online payment gateway that encrypts your card details in a secure host environment.
To help ensure that your shopping experience is safe, simple and secure In Thing Homeware uses Secure Socket Layer (SSL) technology. When ordering using SSL you will have a message come up about Certificate Authorisation which varies depending on what browser you are using. E2commerce provides our Certificate Authorisation which means that once you receive their message, they have authorised that we are in fact In Thing Homeware.
Our online ordering system is the industry standard for encryption technology to protect your online order information. SSL encrypts all information including your credit card and all personal information passed from you to In Thing Homeware. Encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions.
We will take all reasonable care to keep the details of your order and payment secure, but we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site unless that access was made possible by our negligence.
• We are unable to accept credit cards issued by banks outside of Australia;
• We do not accept Bank Transfers, Cheques or Direct Deposits;
• Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order, if exceeded;
• You may be required to provide further identification for additional security reference checks.
We have made every effort to display as accurately as possible the colours of our Products that appear on our Site. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
Prices shown on the Site are in Australian dollars and are inclusive of GST at the applicable rate.
PRICING AND STOCK AVAILABILITY
In Thing Homeware always seeks to list Products with competitive prices.
• In Thing Homeware reserves the right to change prices for Products displayed at on our Site at any time before you submit an Order;
• The price of Products shown excludes shipping costs. The shipping cost will be recalculated based on how many and what items you place in your shopping cart;
• The promotions and sales prices that are offered on the In Thing Homeware website are available online only. They may not correspond to those in store. In Thing Homeware may operate other promotions and sales concurrently in store;
• In Thing Homeware reserves the right to extend or withdraw the offer at any time without notice;
• Certain online promotions and offers are subject to additional terms and conditions which will be specified with the offer on the website (e.g. duration of the promotion or sale, method of calculation of savings etc.). Please read these additional terms and conditions carefully.
DELIVERY AND SHIPPING
Your accepted order will be dispatched within two (2) Business Days. A confirmation email showing that we have received your order will automatically be sent to you once you have proceeded through to the end of the check out.
Timing of Delivery
Estimated delivery time within Australia is approximately two (2) to ten (10) days from the date your payment is received. The estimated delivery times are in business days (Monday through Friday excluding Public holidays in South Australia). Estimated times are to be used as a guide only depending on your location and the availability of stock. Whilst we endeavour to fulfil all orders, please note some items, sizes or colours may not be available at time of dispatch. Your credit card will only be charged for items available at time of dispatch. If your Product has not arrived after the estimated delivery time, please contact In Thing Homeware by phone on 08 8355 2719 or via email at email@example.com.
Cancellation Or Change
It may be possible for you to cancel or change your order if your order has not started the picking process in our store. Please contact In Thing Homeware on 08 8355 2719 or email us at firstname.lastname@example.org and if cancellation or change remains possible, we will assist you.
Please note we only ship orders to Australian Residential and Business Addresses and Post Office boxes. Unless otherwise agreed by us, we will deliver your Products to the Australian address indicated on your Order Confirmation. We dispatch all orders using Australia Post eParcel service. If no-one is available to take delivery of your Products, our carrier (Australia Post eParcel) will leave a card so you can pick-up your Product from your local Post Office. We will use our reasonable efforts to deliver your Products to you within the estimated delivery time; however, we do not guarantee that we will deliver within this time frame. Title and risk of loss to all Products will pass to you on delivery.
If you have specified a recipient who is not you, for delivery purposes, then you accept that evidence of a signature by a person who identifies themselves as that person at that delivery address, is evidence of delivery to you and fulfilment by us of our responsibility.
All purchases for delivery in Australia will be charged as follows:
• In Thing Homeware offers free shipping for orders of $100 (inclusive of GST) or more within a specified Adelaide Metropolitan Area;
• Orders under the value of $100 (inclusive of GST) will incur weight based standard shipping;
• Our freight and handling fees do not include insurance and we may not be held responsible for any damages, destruction or loss of goods after delivery to Australia Post;
• Any applicable shipping charges for your order will be shown during the checkout.
In Thing Homeware may at its discretion offer limited time Free Shipping promotions from time to time based on the following eligibility criteria:
• Order is placed during the stated promotional period;
• Free shipping eligibility registration information must be completed in full (incorrect post codes will be advised in the registration process);
• Free Shipping offer is valid for all Australian territories and states;
• Shipping charges will apply to ineligible products/orders;
• Offer is not available for commercial or wholesale/bulk orders.
After your order has been dispatched a confirmation email will be sent to the email address you provided, with an Australian eParcel tracking number. You can track the shipping status of your order at Australia Post.
For more information, please see our Delivery Information section here:
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms & Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au. If a Product has a minor defect, we may provide a repair or offer you a replacement or a refund at our discretion. If a Product has a major defect, you are entitled, within a reasonable time after delivery, to:
• reject the goods and receive a refund;
• reject the goods and receive an identical replacement, or one of similar value if reasonably available to In Thing Homeware.
If the Products arrive damaged or inoperable a claim must be made by either calling us on 08 8355 2719, emailing us at email@example.com or lodging a claim on our website at http://inthinghomeware.com.au/index.php?route=account/return/insert within three (3) business days after the parcel has been delivered and provide a full detailed description of the problem with supporting photographic evidence as well as your order number. Depending on the problem we will determine how best to resolve your problem with minimum inconvenience to you. Please note items that are damaged as a result of normal wear and tear are not considered to be faulty. Where possible, we will offer to repair Products that we accept are faulty. If we consider the Product is not repairable or the same product is not available, you are entitled to a full refund in the original tender. Our normal warranty for the Products supplied to you, applies if they arrive damaged or inoperable.
Where In Thing Homeware agrees that a Product is defective and needs to be replaced or repaired return shipping is at the expense of the Customer. We recommend that items are returned to us via courier or registered post to ensure that they are protected and insured during transit. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.
RETURNS & REPLACEMENTS
Returning A Product If You Change Your Mind
We do not provide a refund if you change your mind. If, for any reason whatsoever, you are not satisfied with any Product delivered to you, return the Product within five (5) business days of receiving the RAN , return the Product in the original packaging to ensure they are adequately protected in transit, with all tags and stickers still attached and with your original tax invoice (as proof of purchase) to us. This refund does not include the costs of return postage. The Customer is responsible for return postage to our store. We cannot accept returns in store for change of mind. We recommend that items are returned to us via courier or registered post to ensure that they are protected and insured during transit. Returns that are damaged or soiled may not be accepted and may be sent back to you and/or a credit note refused.
For information on the most appropriate way to return items for change of mind you must first contact In Thing Homeware via one of the following methods:
Phone: (08) 8355 2719
The Change of Mind conditions do not apply to Products that we repair or replace under these Terms & Conditions.
Your entitlements to a refund, exchange, repair or credit are governed by the Australian Consumer Law and these Change of Mind conditions are in addition to those rights.
Where we agree to replace a Product:
• A replacement for the Product that you ordered will be shipped to you at our expense after we have received your returned Product other than for change of mind;
• The delivery time for the replacement Product will be the same as stated for the original Product;
• Consumer Guarantees will apply but no additional guarantees apply to all replacement products.
Goods With Manufacturer’s Warranty And/or Refund/Replacement Policy
Many of our Products come with a guarantee or warranty from the manufacturer. Please refer to the warranty terms and conditions on or in the packaging, however nothing in those warranty terms and conditions excludes the application of the Consumer Guarantees that apply under the Australian Consumer Law, and our Change of Mind conditions.
Return Authorisation Number
A Return Authorisation Number (RAN) is required for Replacement Products, Credit Notes and Refunds. Where we have provisionally determined that a Product is defective, we will issue you with a RAN. Products cannot be returned without a RAN. The Product should be returned to In Thing Homeware within five (5) business days of the issuance of the RAN to qualify for a Replacement, Credit Note or Refund. Original packaging is considered part of the Product, and your return may not be accepted if the packaging is damaged. All Products must be returned in original packaging, including any accessories, manuals, documentation and registration that were shipped with the Product. If the accessories are not included, only a partial Refund or Credit Note will be applied.
It is your responsibility to ensure that the Products are protected from damage in transit. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a Refund or Credit Note refused.
You will be notified by email once your return has been received and processed.
Unidentified returns may be returned to the sender; therefore please ensure all details are clear and concise and you include a copy of your invoice, RAN and order number.
Organising the Return of Products
To return any item for any reason you must arrange the return either by return postage through Australia Post/Courier. We strongly advise sending your item via Registered Post or with Insurance as we do not accept responsibility for returned items lost or damaged in transit.
Australia Post: Products must be returned whenever we agree to provide you with a Refund, Credit Note or Replacement Product or ask you to return the Product to us for inspection. In Thing Homeware will provide you with an RAN which you must include in your return. You must then take the Product to any Australia Post Office for return.
Returning to Store: Please contact In Thing Homeware to arrange a return to store, provided that the return is not for a change of mind. We can be reached at:
Phone: 08 8355 2719
Please retain your Invoice as proof of purchase along with the card used, as it must be presented when returning the goods.
You can view our Returns Policy here:
GIFT VOUCHER SALES
All sales of Gift Voucher on this site are made through the online store. Transactions are processed the following business day.
Delivery Methods For Gift Vouchers
In Thing Homeware delivers using Australia Post
There Are Two Delivery Methods Available
Express Post: delivered within 1-3 business days to all Capital cities at a cost of $4.40 (inc. GST) per order. Please refer to Australia Post for delivery times to your postcode.
Regular Australia Post: delivered within two (2) - ten (10) working days (depending on location). There are no costs for regular mail.
In Thing Homeware Gift Vouchers are not eligible for refund or exchange. They may not be used towards Lay-by. All Terms & Conditions apply to the use of Gift Vouchers.
To the extent permitted by law, In Thing Homeware is not liable for any delay in performing any of its obligations under these Term & Conditions if such delay is caused by circumstances beyond the reasonable control of In Thing Homeware, and In Thing Homeware shall be entitled to a reasonable extension of time for the performance of such obligations.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents including any graphics, photographs, music, video, or text on this Site, grants no rights to you in relation to any copyright, designs, trademarks, and any other intellectual property and material rights relating to it including our software and all HTML and other code contained in this Site. All such IP, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the IP only as expressly authorised by In Thing Homeware and/or its third party licensors. Any reproduction or redistribution of the IP is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing the IP for your own personal use. This Site is for your personal, non-commercial use only. You may not use this Site for any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
YOUR USE OF WEBSITE
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms & Conditions, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY WEBSITES
We may include links on this Site to other websites or resources operated by parties other than In Thing Homeware. We have not reviewed all of the websites linked to this Site and we are not responsible and have no liability whatsoever (directly or indirectly) for the content or accuracy of any of these website pages nor for the availability of such external websites, the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
COMPENSATION AND LIABILITY
You agree to compensate us fully on demand for any liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms & Conditions by you, or arising from the use by any other persons accessing this Site using your internet account caused by your action or inaction. You also agree that we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the Site or any part of it, or from your decision to purchase item(s) from In Thing Homeware, except to the extent of our negligence or breach of the these Terms & Conditions.
You acknowledge that if you breach the Terms & Conditions and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the Terms & Conditions. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the Terms & Conditions in any way.
You acknowledge and agree that the Terms & Conditions together with all our policies and procedures will be governed by and construed in accordance with the law of South Australia, Australia, and the relevant courts of Australia will have exclusive jurisdiction.
If any portion of these Terms & Conditions is or becomes contrary to any Australian law, that portion will be read down to the extent necessary for the portion to retain valid operation or if it cannot be read down, will be severed from the Terms & Conditions and the rest of the Terms & Conditions will not be affected by the severance. If any portion of these Terms & Conditions is inconsistent with any other policies or terms constituting these Terms & Conditions, then these Terms & Conditions will prevail to the extent of the inconsistency.
Terms & Conditions Last Updated On 18th April 2016