Terms and Conditions of Use
About These Terms and Conditions
In these Terms and Conditions "we" and "us" mean Home Culture and "you" means you the customer. These Terms and Conditions together with any special conditions Home Culture specifies in the applicable Order constitute the entire contract between Home Culture and you for the supply of products you purchase on the Home Culture website ("Products").
We may make changes to these Terms and Conditions at any time without notice to you. The relevant version of these Terms and Conditions is the one appearing on our website at the time you place an Order.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia and shall be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Accuracy of Information
Whilst Home Culture makes every reasonable effort to present accurate information on our website www.homeculture.com.au the information may contain typographical errors or inaccuracies and may not be complete or current. Given the nature of the presentation of the products on the web and different types of displays and screens in use, colours and fabrics shown on our website may slightly differ from the actual item. If the product does not meet your reasonable expectations you may return it to us in accordance with our return policy. Home Culture reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
When you use our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing and have been received by you.
You agree that Home Culture may send promotional and marketing-related emails to you.
You can anytime opt to discontinue receiving emails by unchecking the box entitled "Sign up for our newsletter" in the "My Account">"My Personal Information" section of the website.
You must not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity, or for any other activity which infringes the rights of Home Culture or anyone else.
You further agree not to send email invitations to join Home Culture to people who do not know you or who are unlikely to recognize you as a known contact. Any invitation emails you send to other people must clearly identify you as the sender. You must not send more than one invitation email to each recipient, and you must not send any invitation emails that contravene the Spam Act 2003 (Cth) or any similar legislation in any other applicable jurisdiction.
Notwithstanding any other rights or restrictions in these Terms and Conditions, you must not use this website to: a) send offensive or unsolicited e-mails, b) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; c) misrepresent the identity of a user or use a false name or e-mail address; d) impersonate any other person, including but not limited to, a registered user of this website or an employee of Home Culture; e) conduct fraudulent activities; or g) collect or harvest information regarding other users of the website for any reason.
The discounted prices shown on our website are relative to the recommended retail prices as given to us by the applicable supplier. However, prices usually do not include shipping and handling costs.
The entire content of our website, including, but not limited to, text, design, graphics, interfaces or code and the selection and arrangements thereof is copyright 2011 of Home Culture or its suppliers and licensors and may not be copied, used, published or disseminated in any way by any person, without the prior written permission of Home Culture.
All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Home Culture or other respective owners that have granted Home Culture the right and license to use such Marks.
The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.
To the extent permitted by law, Home Culture will not be liable for any loss of income, profits, contracts, data or for any indirect or consequential loss or damage of any kind whether caused by wrongful acts (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any product supplied to you shall in no circumstances exceed the stated value of the Product at the time of purchase, and we reserve the right to pay such amount to you in total satisfaction of any claim you may have against us.
Our website may include links to third party websites. Home Culture expressly declares that it has no influence on the design and content of the linked pages. We dissociate ourselves from, and will not be liable for the contents of any linked pages of third parties to www.homeculture.com.au, or for the outcome of any transaction you may conduct on those third-party websites. You should not rely upon the accuracy or completeness of any information contained on the third-party websites without our specific written assurance that you may do so.
You hereby irrevocably indemnify Home Culture and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (collectively "those indemnified") against any damage, loss, or expense (including without limitation, legal fees and expenses) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of those indemnified alleging that you have breached any of these Terms and Conditions. Home Culture will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without express prior written permission from Home Culture.
If any part of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other parts of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.