Hello and thank you for taking the time to visit The Essence of Home! We try our best to ensure your experience with us is nothing less than delightful, and that includes making the Terms & Conditions as readable and easy to understand as possible.

Still got questions? No problem! Please contact us via our website or email us at hello@theessenceofhome.co.

About our Terms and Conditions

Our Terms and Conditions, which includes our Privacy Policy, is here to set out agreements between you and us, The Essence of Home. By using our website, you accept these Terms and Conditions, including our Privacy Policy, and agree that your use of our website, including any purchase of goods from us, is subject to the terms as mentioned.

The Terms & Conditions provided cannot be varied in any form without our written consent. We encourage you to read our Terms & Conditions as there may be times when we update them so that we are up to date with laws and regulations. We also encourage that if you have any questions with the products and/or services we offer, so please contact us at any time. 

Terms of Use & Access

There may be times when we need to restrict access to our website, either in part or entirely. This can happen when we are doing server checks and maintenance. We will not be liable for when our website is unavailable at any time or for any period. 

You are responsible for making all arrangements necessary for your own access to our website. This includes ensuring that you or other people who access our website through your Internet connection are aware of our Terms and Conditions, and as the use of our website is subject to the terms stated. 

We reserve the right to change and update any of the Terms & Conditions as stated on our website at any time.

Shipping Promotions

Free shipping, flat rate, capped price or other types of shipping price promotions may be offered at specified times and on specified products. Where a shipping promotion is offered, it will only be available on selected products and to selected locations.

Our Products

We endeavour to ensure that all our products are accurately described, and we rely on information provided to us by our suppliers. Unfortunately, on some occasions, there may be mistakes in our description, in which case we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order.

Please note that all product images are owned by either our partner brands or ourselves. We do not take credit in any lifestyle photography as they are styled and taken by creative stylists and photographers from our brand.

For products that are hand crafted, or made from natural or organic materials, there may be small variations between the product image(s) and the product you receive. Handcrafted and/or natural materials will be stated on the individual product. We endeavour to ensure that all colours are potrayed accurately, but there may be slight variances in depending on the contrast, brightness and exposure of your displays and screens. The shade of colour from screen to screen is not a fault or error, it is simply the light construction of each screen. This will not be eligible for returns due to a faulty item if you wish to return your goods. 

We do not warrant that our product descriptions, colours, information or other content available or offered on our website are accurate, complete, reliable, current or error-free. Neither do we make any warranty about the standard or quality of any of the products offered via our website.

On rare occasions, our suppliers find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances in which we may refuse to process an order after you have received an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from our website, whether it has been sold or not, removing or editing any materials or contents on our website, or for refusing to process or accept an order after we have sent you the order confirmation.

Our website changes and updates

We aim to update our website regularly and may update its content at any time. If the need arises, we may restrict access to our website, or close it indefinitely. We will endeavour to take action in ensuring our website contains accurate information and content, however, we reserve the right to update our website as soon as an inaccuracy or error is brought to our attention.

Your orders with us

After placing your order and receiving a confirmation of your payment process, we will provide you with an order confirmation by email. This email does not in any way guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order only. Your order represents an offer to purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched. Once this email has been sent and the goods have been handed over to the designated carrier, the contract between you and us is complete. The sale contract is therefore concluded in our business location (New South Wales, Australia).

If delivery of an order will result in unacceptably high freight charges to The Essence of Home, we reserve the right to contact you to request further shipping fees or to cancel an order prior to dispatch. If we cancel your order in these circumstances we will issue a full refund to you.

In the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch. We will contact you by email as soon as possible to let you know. You may choose to have a store credit to your account or a refund to the value of the unavailable product. We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms and Conditions or our website. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion.

Payments, Pricing and GST

All prices displayed on our website are in Australian dollars unless you have chosen to use our currency converter. Australian prices include GST and are seen on our order notifications as well as before check out. All payments are processed in Australian dollars. We accept payment by various methods, including by credit card (Visa and MasterCard), Amex, PayPal, ApplePay and GPay.

Some of the retail prices for each product are provided to us by our supplier and is shown alongside the sale price for your reference. Prices are subject to change effective immediately upon posting to our website or another form of notification.

For products sourced from international markets, our supplier provides us with a retail price in Australian dollars based upon a conversion of the price in their market from which we source the products. In circumstances where our products have not previously been introduced in any retail market, we work with our supplier to set a retail price based on the price of products we deem to be competitive products in the Australian retail market. 

Payment security

We leverage Shopify's secure payment gateway and encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member's card is used fraudulently.

In an effort to prevent fraudulent use of credit cards or other payment options, we will undertake reasonable efforts to validate the legitimacy of the order and payment method. This process may include requesting proof of identity and a formal check on. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high-value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will follow internal company procedures to confirm the order is bona fide. Orders undertaking a formal check will be placed on hold until we have received confirmation this transaction is legitimate. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order (notifying you via email).

Delivery

All delivery costs quoted are based on ground floor/front door basis, unless stated otherwise. It is the buyers' responsibility to make arrangement to carry the item upstairs. Our courier company does not offer delivery to upstairs. 

All deliveries will take place during normal business hours Monday -Friday 9 am to 5 pm. We do not offer preferential shipping unless otherwise stated, and are not able to process weekend deliveries. Additionally, we are currently not offering international shipping. 

Your deliveries contain valuable goods, as such our couriers are contracted to produce a proof of delivery so we recommend someone is there when delivery is expected. For small parcels, we use a variety of domestic couriers, which includes AusPost and TNT. In the case of using TNT as couriers, we will automatically assume you give Leave of Authority as all TNT orders require this. Please note that we take no responsibility for missing goods and may refuse your order if we deem the delivery location to be particularly unsafe and/or high risk of goods being damaged.

Please note for larger/bulkier items, should there be no one at home during delivery, there may be a redelivery and penalty fee incurred on you.
It is the buyers' responsibility to ensure the delivery address is correct at the time of dispatch. Re-direction fees may apply if goods have already been dispatched

For non-bulky goods delivery, our courier may not be able to give you advance notice depending on which courier we use.

We will aim to provide you with either online or email updates as to the whereabouts of your order. Unfortunately, we cannot guarantee that online tracking is always available as some couriers may not have the system in place. Our customer care team will aim to update you with any shipping information within 48 hours of an update.

The Essence of Home uses external freight services for deliveries. It is the customers responsibility to track the delivery progress via our emails or with the courier once items are despatched. We cannot guarantee a specific delivery date or time and take no responsibility with any delivery delay due to the couriers schedule.

We reserve the right to revise the freight cost calculated by the system if there are any errors or if there was an increase in the freight costs by the courier companies.

For more information on Shipping, Delivery, Exchange and Cancellation of orders, please see our Delivery & Returns page. 

Product Description & Representation

We make every effort to correctly and accurately represent our furniture and other products we sell online. 

Natural timber has inherent colour and grain variations. Where we use natural timbers you should expect there may be colour, grain and other natural imperfections and variations from the pictures online.

Most of our products use natural materials such as bamboo, leather, marble, hemp, wool, cotton, linen and a variety of metals. Whilst manufacturers do make every effort to retain design integrity you should expect there may be slight colour variations and other natural imperfections from the pictures online.

Consumer Guarantee

Under Australian Consumer Law you are automatically guaranteed when you buy products and services. 

If there is a problem with your item that appears to be damaged or may be unsafe for use, please note we reserve the right to repair, replace, or refund on a case-by-case basis.

Liability 

To the extent permitted by law, we, our directors and employees, and third parties connected to us hereby exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website, products or services or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion:

  • in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
  • in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the amount paid by you for the products in question. You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our website, or any other products or services accessed via our website.

Intellectual property

We are the owner or licensee of all intellectual property rights (including, ithout limitation, trademarks and copyright) on our website, and in the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved.

You must not scrape or modify the paper or digital copies of any materials you have printed off, downloaded or extracted in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

You must not use any part of the materials on our website, services or e-commerce facilities for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our website in breach of these Terms and Conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You are not permitted to copy, publish or use any of the content in any way, whether personal or commercial, without our prior written permission.

Imported Goods

Products available on The Essence of Home may be sourced from within Australia or globally. Products which are sourced directly from outside Australia and are available for sale on theessenceofhome.com.au are labelled as Import Goods.

By purchasing Import Goods you acknowledge and agree that you will be recorded as the importer of record. As a result, you will be the responsible party for any Taxes associated with the importation of goods. Taxes, Duties and Shipping charges will be provided in full at the time of checkout. You acknowledge that The Essence of Home is not liable for any loss, damage, cost or expense that you incur as a result of your obligation to act as the importer of record for the Direct Import Goods. Orders with a customs value over the ‘low-value import threshold’ (currently AUD$1,000, subject to change at any time) are subject to duties and taxes, if applicable on your order, will be calculated at checkout and paid by the customer. For further information on applicable duties and taxes, visit www.customs.gov.au.

For Australian customs purposes, each order placed will be considered as the one consignment in which case the total value of the number of Imported Goods will be taken into account in assessing whether the low-value import threshold has been reached.

The Essence of Home will be using its nominated Delivery company for all shipping and delivery requirements, on your behalf. The cost of shipping and any other duties will be charged separately from the price of the Direct Import Goods. All charges will be shown and charged in full at the time of checkout.

Direct Import Goods are sourced from international markets and as such some may not be available for sale in Australia. This means that there may be no Australia Recommended Retail Price for some Products. Returns for Imported goods will remain the same as the local goods. Where we have been able to establish that a Product is for sale in the country, we have used that products market price as the Recommended Retail Price. In other cases, a Recommended Retail Price or “List Price” has been established by converting the price in the market from which the goods were sourced into Australian dollars. This List Price is sourced and converted to Australian Dollars daily to ensure the best possible reflection of foreign market prices. Exchange Rates are sourced daily with data provided by Google.