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Terms and Conditions

GENERAL

 

All contracts and dealings between House of Ellery and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by House of Ellery to the Customer through the website www.houseofellery.com.au (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).

By using the Website, the Customer agrees to be bound by these Terms, as may be amended by House of Ellery from time to time.

VARIATION

House of Ellery has the right to amend, remove or vary these Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms as the case may be from time to time.

ACCESS

Access to the Website is permitted on a temporary basis, and House of Ellery reserves the right to withdraw or amend the Services without notice. House of Ellery will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, House of Ellery may restrict access to some parts or all of the Website without notice.

INTELLECTUAL PROPERTY

  1. All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of House of Ellery.

  2. The Customer is authorised to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.

  3. The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of House of Ellery. Such consent may be withheld by House of Ellery at its absolute discretion.

  4. The Customer must not remove any copyright or trade mark notices from the content found on the Website.

  5. House of Ellery makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.

TERMS OF SALE

  1. By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and House of Ellery with respect to the supply of the Goods in accordance with these Terms.

  2. All Orders are subject to availability of the Goods and confirmation of the Order price.

  3. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure for which House of Ellery will not be responsible.

  4. The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.

  5. In order to contract with House of Ellery the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to House of Ellery.

  6. House of Ellery reserves the right to accept or reject an Order for any reason at any time.

  7. When placing an Order the Customer undertakes that all details that are provided to House of Ellery are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.

PRICE

  1. The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee.

  2. Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable are inclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also include GST where applicable.

  3. House of Ellery reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.

  4. In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.

  5. House of Ellery will issue the Customer with a tax invoice once payment in respect of the Order has been processed.

        DAMAGED OR FAULTY GOODS

        1. All Goods are thoroughly inspected to ensure that they are in the best condition prior being sent to the Customer. All Goods come with guarantees that comply with Australian Consumer Law.

        2. If the Customer discovers that a Good is faulty or damaged, the Customer must notify House of Ellery immediately via the contact us link with the order number, a description of the product, and the Customer’s preference for a refund, replacement, exchange or repair. If House of Ellery inspects the Good/s and confirms that there is a fault, the Customer will be entitled to a full refund, replacement (if available), exchange or repair (where possible).

        3. House of Ellery will meet the packaging and postage costs associated with the Customer returning a faulty or damaged Good provided a sales receipt for returned postage costs is provided. 

        4. Customers are liable for any delivery costs if the Good is found not to be faulty.

        DELIVERY (Australia Only)

        1. Any period or date for delivery of Goods stated by House of Ellery is intended as an estimate only and is not a contractual commitment. House of Ellery will use its best endeavours to meet any estimate delivery dates but House of Ellery will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.

        2. House of Ellery reserves the right to amend delivery methods without notice.

        3. All deliveries of Goods purchased by the Customer will be made by Australia Post unless an alternate arrangement has been made between the Customer and House of Ellery. Australia Post will usually leave a card if no-one is home and the delivery if unsuccessful.

        4. If the Customer believes their nominated delivery address will be unattended at the time of delivery, House of Ellery suggests having the Order delivered to an alternate address that the Customer knows will be attended during normal business hours. 

        5. Once Goods have left the House of Ellery headquarters they then become property of Australia Post. House of Ellery is legally not responsible for lost, stolen or damaged goods. All risk in the Goods will remain with the Customer upon Delivery and House of Ellery will not offer a replacement Good or refund a Customer for any lost or damaged Goods.

        6. When the order is processed and packed, it generally takes between 1-3 delivery days for delivery to a major metro area. For all regional areas, the Customer should allow between 2-5 business days for their order to arrive. All orders placed after 12pm AEST on Friday or on a weekend/public holiday will be posted the following business day.

        7. If the Customer has not received their purchase within 5 business days of receiving their shipping notification email please contact us.

        8. Delivery of Orders placed on the weekend/public holiday will not be processed until the next business day.

        LIMITATION OF LIABILITY AND INDEMNITY

        1. The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, House of Ellery makes no warranties or other representations in relation to the supply of Goods. House of Ellery's liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.

        2. The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify House of Ellery, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.

        3. House of Ellery does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.

        4. Further to clause 3, the Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies House of Ellery against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless House of Ellery retakes possession of the Goods in accordance with clause 9.

        LINKING TO THIS WEBSITE

        1. The Website may provide links to websites and access to content from third parties, including users and affiliates of House of Ellery.

        2. The Customer agrees that House of Ellery is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.

        3. To the fullest extent permitted by law in no way will House of Ellery, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.

        WAIVER

        1. The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.

        2. The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.

        3. Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.

        FORCE MAJEURE

        If the performance of House of Ellery's obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of House of Ellery, House of Ellery will not be liable for any loss or damage suffered by the Customer or any other person and House of Ellery will give the Customer written notice if the force majeure event has continued unabated for 30 days.

        GOVERNING LAW AND JURISDICTION

        These Terms contained herein shall be governed by the laws of New South Wales, Australia and the Customer submits to the exclusive jurisdiction of the Courts of New South Wales to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.

        SEVERABILITY

        1. The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.

        2. The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.

        ENTIRE AGREEMENT

        These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.