Terms & Conditions

As a visitor or customer of the Home Storage & Living website, you agree to the terms outlined in the following terms and conditions. The following terms and condition are in relation to all orders and dealings as a result of or whilst browsing the Home Storage & Living website.
All orders placed through our store are an acceptance of the below outlined conditions:

The following terms and conditions may be updated and amended at a later date, for this reason we suggest you check back regularly to make sure you are aware of all terms and conditions which may affect you as a customer.

1. User Agreement

 

1. By using the Home Storage & Living website (and App and mobile site) and our social media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy. This Agreement is between you and Oceanic Square Pty Ltd (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.

 

2. Registration and User Requirements

 

1. You must be a registered member to access some features of the Website or our services. When you register, you will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.

2. By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.

3. To register an account or to use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.

 

3. Access and use of the Website

 

1. You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.

2. You must not (or attempt to):

- interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;

- use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;

- interfere (or attempt to interfere) with security-related or other features of our site; or

- use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.

3. We may refer fraudulent or abusive or illegal activity to the relevant authorities. If you have an account with us, you are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.

4. You must not use another member's account without our, and/or the other user's, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

5. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

 

4. Information on this Website

 

1. Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.

 

5. Disclaimer and Liability

 

1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

- errors, mistakes or inaccuracies on the Website or our social media pages;

- you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;

- personal injury or property damage of any nature resulting from your access to or use of the Website;

- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

- any interruption or cessation of transmission to or from the Website;

- any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or

- the quality of any product or service of any linked sites.

2. Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

3. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

 

6. Indemnity

 

1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

 

7. Placing Orders

 

1. You are responsible for any discrepancies or errors in your order caused by you.

2. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.

3. Orders placed by you are offers to purchase either:

- a voucher for particular goods and/or services under the terms and conditions in this Agreement, (including delivery and other charges); or

- goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).

4. Goods sold by Home Storage & Living are not reserved in-cart, and an order is only finalised when you have completed checkout process and received an order confirmation from us and payment is received in full.

5. We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.

6. Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will be refunded in full.

7. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. If you change your mind, you can return your goods provided you meet the requirements set out in our Change of Mind Returns policy in clause 17.

8. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

9. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.

 

8. Guest Checkout

 

1. You can make purchases on our Website without creating an account by using our Guest Checkout.

2. When you use Guest Checkout, we will collect any personal information you provide, including your name, email and delivery address, in accordance with our Privacy Policy.

 

9. Price, Payment and Use of Discount/Coupon Codes

 

1. The prices of goods, delivery and other charges shown are in Australian dollars.

2. All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.

3. A discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts.

 

10. Accepted Payment Options

 

1. Home Storage & Living accepts the following forms of payment:

- Zip - Buy Now, Pay Later

- Afterpay - Buy Now, Pay Later

- Mastercard Credit Card

- Visa Credit Card

- PayPal

 

11. Store Credits

 

1. If you have an account with us, any unused portion of your Store Credit shall be credited to your account.

2. To the extent permitted by law, Home Storage & Living reserves the right to change any of the terms and conditions in relation to its Store Credit upon the provision of reasonable notice, including by notice on the Home Storage & Living Website.

3. Store credits expire after 12 months from the date of issue. Unless otherwise stated in any promotional materials or elsewhere by us, store credits issued for promotional purposes, or otherwise at our discretion (including for goodwill purposes) will expire after 3 months.

4. Store credits cannot be redeemed for cash or used for the purchase of gift cards. Where a minimum spend applies to any promotional event on the website, store credits do not count towards the minimum spend totals.

 

12. Shipping and Delivery

 

1. Home Storage & Living has all customer purchases packed and sent from our store using a variety of delivery options and partners including Direct Freight Express Couriers, Australia Post, StarTrack Express and Couriers Please.

2. Upon customer orders being successfully collection from our store for delivery, customers will then receive a tracking email so as they can track the progress of delivery.

3. Customer orders received on a weekend or public holiday are deemed to be received on the following business day.

4. We currently do not operate a customer collection or pick-up service from our main Distribution Centre, with all customer orders being arranged for delivery through one of our delivery partners.

5. Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.

6. Depending on the location of delivery, delivery time frames can vary to locations throughout Australia depending on the service and delivery partner of use. The following is an estimate of delivery times throughout Australia as supplied to us by our delivery partners:

- Queensland: 1 - 5 business days

- New South Wales: 1 - 7 business days

- Australian Capital Territory: 2 - 7 business days

- Victoria: 2 - 7 business days

- South Australia: 2 - 7 business days

- Northern Territory: 4 - 10 business days

- Western Australia: 4 - 10 business days

- Tasmania: 4 - 10 business days

7. We will use our best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard and express post).

8. Customer shipping addresses stored and used by Home Storage & Living must be either a business or residential address. Delivery cannot be completed to a PO Box or Parcel Locker location.

9. Deliveries completed by external courier and delivery services are only able to be made to the ground floors at the delivery location, and cannot be brought inside any residence or office location.

10. All parcels are sent to the address supplied during the checkout process. Home Storage & Living will not bear responsibility for items delivered to an incorrect or incomplete address as supplied to us during the checkout process.

11. All shipping charges will be made available to you at checkout. In addition, certain goods (including large and bulky items or special orders) may be subject to additional freight charges to those supplied during the checkout process.

12. For goods sold by Home Storage & Living, some orders may not require a signature and will be left in a safe place at your delivery address in accordance with the couriers standard practices.

13. A signature may be required for some deliveries. You are responsible for ensuring you are able to accept delivery. Home Storage & Living will not be responsible:

- for late delivery where attempted delivery has occurred on or before the stated delivery time-frames;

- for lost or missing parcels that have been signed for at your selected delivery address (regardless of whether or not you have personally accepted delivery);

- for lost or missing parcels where multiple redelivery attempts have been made by our delivery partners;

- for lost or missing parcels left at your chosen location where you have expressly given authority to leave with the item's carrier. Authority to Leave can be provided during the checkout process.

14. We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.

15. Where additional delivery attempts have been required by our delivery partners, a redelivery fee may be charged in excess of your original delivery fee paid.

 

13. Packaging and Labelling

 

1. We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.

2. Because some goods are imported or originate from outside of Australia, their packaging, ingredients, composition and quality may vary from the same or similar product available in Australia and made directly for the Australian market.

 

14. Returns and Exchanges

 

1. Home Storage & Living currently offers a 30 Day Refund and Return policy on all items sold through our store, provided the item in question is:

- returned within 30 days of receiving your order;

- as new and is not used, worn, or opened and has all original packaging and tags in-tact (including any package seals (if any) being unbroken);

- in a resalable condition; and

- not damaged in any way.

2. Customers have 30 days from the date received to make contact with a Home Storage & Living Customer Support Representative to arrange a refund and return, including for Change of Mind returns

3. Customers must cover the cost of return delivery and any subsequent packing material. Should you require Home Storage & Living to take care of the return shipping, you will be contacted by email from a Customer Service Representative outlining the day of collection, and the cost of return shipping. Collection of any return items is to be from the original shipping address and return and original shipping fees will then be deducted from your purchase refund should you wish to proceed.

4. Home Storage & Living allows a return for a refund or exchange of your purchase, provided the item in question is:

- returned within 30 days of receiving your order;

- as new and is not used, worn, or opened and has all original packaging and tags in-tact (including any package seals (if any) being unbroken);

- in a resalable condition; and

- not damaged in any way.

5. We cannot accept change of mind returns on items that come in sealed packages or boxes where seals are damaged or broken.

6. To return your item for a change or mind, you must follow our returns process.

7. You will be responsible for the cost and risk of returning goods, including the cost of return shipping. If the item is not received by us, you will not be eligible for a credit, exchange or refund. We recommend you insure high value items that you return for change of mind or refund.

8. You may be provided with a product exchange, refund or store credit at our discretion only when the returned product is received.

9. If the returned item does not meet the conditions of this policy, you will be responsible for the cost of receiving your returned goods back to your nominated address

 

15. Problems with your goods – contacting us

 

1. If you have a problem with your goods, please contact us via the Help Centre. We will investigate your issues and advise you whether your product may be returned and, where required, provide you with instructions on how to return your goods.

2. If your goods still have a valid manufacturer warranty, we recommend you first contact the manufacturer in relation to any fault or defect, however, you may still contact us.

3. Once an item is returned we will either inspect your goods and investigate any claimed defect or in some cases, send the goods to third parties for assessment and/or repair. Where applicable we provide a remedy in relation to your goods.

4. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer's instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.

5. Refunds will be issued using the payment method used for purchase. If you have an account with us, store credits will be issued to the account used to purchase the goods.

6. We aim to process refunds and replacements within 7 business days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.

 

16. Defective Goods

 

1. All goods sold on Home Storage & Living come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for 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.

2. Any product warranty given by Home Storage & Living will apply in addition to other rights and remedies you may have under the Australian Consumer Law.

3. Goods that you purchase from our site may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by Home Storage & Living, and rights you may have in relation to those warranties are separate to any warranty rights given to you by Home Storage & Living. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.

 

17. Social Media and Content

 

1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.

2. You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.

3. As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website and you must not post (or allow) content to be posted that:

- you do not have the right to post;

- is defamatory or in contempt of any legal or other proceedings;

- is misleading or deceptive;

- is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;

- denounces religious or political beliefs;

- contains religious or political material;

- is indecent, obscene, vulgar, pornographic or offensive;

- infringes any copyright, trade mark, patent or other intellectual property right of another person;

- contains any unsolicited or unauthorised advertising or promotional material;

- contains or links to viruses, malware, spyware or similar software; or

- impersonates any person or misrepresents your relationship with any person.

4. We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.

5. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

 

18. Home Storage & Living Newsletter Membership

 

1. The Home Storage & Living Newsletter Membership is for shoppers of Home Storage & Living, in order to become a club member and receive the benefits of signing up to the Home Storage & Living Newsletter Membership, you are confirming that you have reviewed, understood and agree to the Terms and Conditions that follow. Each benefit may have a few additional conditions, and those will be communicated when needed.

2. From time to time we may revise these Terms and Conditions. If the Terms and Conditions change, we will post the new terms and conditions to the Home Storage & Living web site and notify you of such change by email. Each time you access a benefit of the Home Storage & Living Newsletter Membership you agree to these or any new Terms and Conditions.

3. This membership may be changed or revoked at any time at the complete discretion of Home Storage & Living

- Eligibility: In order to become a member of the Home Storage & Living Newsletter Membership, you must be a resident of Australia, be at least 16 years of age when you register, have an active email address and mobile telephone number. Only individuals can join to become a member; no corporations, partnerships, limited liability companies, trusts, etc. are permitted. There are no membership fees associated with the Home Storage & Living Newsletter Membership at this time.

- Privacy: We will use the information you provide us in the manner described in our Privacy Policy, which you may read by clicking on the Privacy Policy link where it appears on the Home Storage & Living Website. If we revise our Privacy Policy, then the revised Privacy Policy will automatically be applicable.

4. Benefits of being in the club: By being a member of the Home Storage & Living Newsletter Membership, you may receive benefits such as:

- Member Only Discounts

- Bonus items

- Early E-access to catalogues and promotions

- A Special Birthday Offer

- Other special promotional offers as determined by us from time to time

5. Members will receive email notifications when a new offer is available to you. We may have special conditions for some offers and the details will be provided when you are notified of those offers.

6. Coupon Codes and Membership Discounts: As part of our Home Storage & Living Newsletter Memberships, members may receive an initial Welcome Email 10% off coupon and future Birthday 20% off Coupon.
These coupons are 'one use per customer' and only to be used on purchases over $80.00. Some item exlusions apply where bulk delivery surcharges apply including our range of Sofas & Armchairs

 

19. Intellectual Property

 

1. All content, graphics, user and visual interfaces, photographs, trade marks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to Home Storage & Living, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights.

2. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

3. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

4. You may not:

- modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or

- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

 

20. Transfer and Assignment

 

1. You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party.

2. We shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party.

3. We shall be entitled to assign the benefit of any agreements we have with you to the third party.

 

21. General

 

1. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.

2. This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

3. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

4. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

 

22. Privacy and Personal information

 

1. If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.