General T & C

You acknowledge and agree that Homelush .com.au (Homelush) will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods supplied to you, or on behalf of you.

You agree to indemnify and hold Homelush .com.au (Homelush) harmless from and against any and all claims, loss or expense that may be incurred by Homelush .com.au (Homelush) which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

Homelush .com.au (Homelush) reserves the right to change these Terms and Conditions without notice. Terms and Conditions published in this website will always be the latest and will override any prior Terms and Conditions provided in any other form.

How To Order

Please see our How to Order for information about how to place an order on our website. All orders placed on homelush.com.au are subject to the acceptance of our terms and conditions.

During the order process, you will be asked to check a box whereby you confirm that you have read, understood and agree to both the content and the applicability of these Terms. We will not take or process any orders unless these terms have been accepted.

The Terms in force at the time of completion of the contract will apply to your order, unless you specifically agree to the applicability of a newer, revised version.

When placing an order on our website you must register with us and provide a username and password (“log-in details”). Information that you provide on this website must be complete and accurate at all times. You are responsible for maintaining the confidentiality of your log in details. We shall not be liable for any damages or losses that may arise as a result of any failure by your own provided security. In the event that you have any concerns regarding your log in details or become aware of any possible misuse, please contact us at support@homelush.com.au.


Confirmation of your order

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we dispatch the products to you. Before that time, we may notify you we do not accept the order, or you may cancel it.

All products that you order through the website will remain our property until we have received your payment in full for the ordered products.

Payment

Payments can be made by any method mentioned in the Payment Methods section.

We process the order as soon as we receive your payment. Once we have checked your card details and the current stock, the item is ready to be shipped off for delivery.

To ensure that your credit or debit card is not used without your permission, we will validate information given during the order process (name, address and other personal information submitted by you) against appropriate third party databases. By agreeing to these Terms, you agree to these checks. This information is only used to check your identity. No credit checks are performed and this will not affect your credit rating. All information given by you will be treated in accordance with our privacy policy.

We take your payment controlled by a third party merchant service provider that is compliant in respect of the payment card industry data security standards.

Delivery

Delivery charges and timescales vary depending on the delivery address and the type of product you wish to receive. For further information, please see our delivery information.

We make every effort to meet the delivery dispatch we promise. However, occasionally due to unforeseen factors, delays are inevitable. We shall not be held responsible for any delay or failure to deliver products within the estimated timescales if it is wholly or partly caused by circumstances which do not lie within our control.

If no one is available at your residential or delivery address to accept the order, a note will be left to advise you of the current location of your order, which could be with your neighbor. Alternatively your order may have been returned to one of the carrier’s depots, and the note will advise you of how you may take delivery of your order.

The risk of damage or loss of products remains our responsibility until the earlier of the date the product passes to you (having paid in full for the product) or the date the first delivery attempt was made.

Delivery refunds can only be made in accordance with your legal rights or other applicable legislations.

Returns

For direct information on returning your ordered goods, please refer to our Returns Policy section.

You have the right to cancel your order within 7 days, beginning on the day after you received the Products. In this case, you have to pay the return cost and shipping cost yourself. Furthermore you will receive a full refund of the price paid for the Products but nothing will be refunded for the shipment cost. The refund for the product will be processed in accordance the Refunds section below and otherwise in accordance with your statutory rights.

If you wish to cancel your order, you must inform us in writing by e-mail. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

These Terms do not affect your other statutory rights as a consumer is not intended to be a full statement of your statutory rights. For more information on your right as a consumer under protection of the distance selling regulations, please contact your local authority, trading standards department or a consumer advice centre.

On rare occasions, it is possible that product specifications change. If this is the case, we will contact you as soon as we can to offer you an alternative similar to the original product. If you are unhappy or not satisfied with the substitute or replacement, please contact our customer service.

If you believe that you have received defective, damaged or incorrect products, you must inform us within a reasonable amount of time. Please do not return the product to us in the first instance. Rather, we will contact you to discuss an appropriate remedy and may offer you (without limitation) a repair or replacement parts, a replacement product or a full refund. Where we offer you a refund, we will refund the price of a defective damaged or incorrect product in full, any applicable delivery charges and any reasonable costs you may incur in returning the item to us.

 

Privacy Policy

Homelush/Homelush (“we”, ”us”, ”our”) are committed to protecting and respecting your privacy.

This summary, together with our full privacy policy and terms of use (which can be found at https://www.homelush.com.au/legal) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

Information we may collect from you

We may collect and process the following data about you:

• Information that you provide to us in your dealings with us. This includes information provided at the time of registering to use our site, subscribing to our services or requesting further services and/or information from us.
• We may also ask you for information when you enter a competition or promotion sponsored by us, and when you report a problem with our site.
• If you contact us, we may keep a record of that correspondence.
• Details of transactions you carry out through our site and of the fulfillment of your orders.
• Details we receive from credit reference and fraud detection agencies.
• Details of your visits to our site including, but not limited to, traffic data, location data and the resources that you access.

Please note that we DO NOT view or retain any credit card details on our system for your added protection.

IP addresses

We may collect information about your computer, including where relevant your IP address, operating system and browser type. This data is processed for the purposes of fraud prevention, for various administrative purposes and may also be used by us to promote certain offers and advertisements according to your general location.

Cookies

For the same reason, we may obtain information about your general internet usage by using a cookie which is stored on your browser or the hard drive of your computer. Cookies are text files which contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. Some of the cookies we use are essential for the site to operate, whereas others are aimed at enhancing and personalising your user experience.

The information gathered by cookies on our site(s) may be used in the following ways:

• To tailor advertisements or promotions you receive. For example, if you have looked at a specific type of edible product, we might use this information to personalise any subsequent advertisements you see. We may also personalise our service based on the type of computer system you use, together with the purchase pattern of other customers who may have looked at similar products to you.

We may also provide you with advertisements which may be customised using information such as the search terms you use on our site. For example, if you searched for a specific product or accessed our site via a specific banner ad or search word, we may present you with content and/or offers linked to that banner ad or searchword.

• We may use navigational information about where you go on our site to better understand how our site is used and to ensure that the product offerings that are presented to you are relevant.

• We do not use any data about where you go, or present you with advertisements outside of our site other than on sites which provide for such use in their respective privacy policies.

• We may collect information on how frequently you visit the site and the type of products and/or services that you view to enable us to measure the popularity of our sites and our product offerings.

Types of Cookie

Strictly Necessary Cookies

These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website, remembering how far you are through your pay as you go order, making sure that the Homelush.com.au website looks consistent or remembering what’s in your basket. Without these cookies, many of the basic functionalities of our website – the stuff you expect the site to enable you to do like filling in your shopping basket, we simply can’t provide.

Tip – these cookies make the basic functions of the website work.

Performance Cookies

These cookies collect information about how visitors use our website, for instance which pages visitors go to most often, and the pages that they don’t. This understanding enables Homelush to continually improve the experience we deliver to you (and other visitors like you) so that the site is easy to use and includes content that you find helpful (for instance, performance cookies indicated that users find reviews really helpful and so that gave us confidence that we should provide more reviews on each product page) These cookies don’t collect information that identifies a visitor – so we can’t identify you individually.

All the information these cookies collect is aggregated and therefore anonymous. This information is only used to improve how the Homelush.com.au website works.

Tip – these cookies collect anonymous information on the pages visited.

Functionality Cookies

These cookies allow the website to remember the choices you make as you browse the site (for instance, your login details to enable you to provide your comments in our new community forums). They provide more enhanced and personal features. The information they collect is anonymised and the usage only relates to www.homelush.com.au – they cannot track your browsing activity on other websites once you’ve departed Homelush.com.au

Tip – these cookies remember choices you have made to improve your website experience on www.homelush.com.au

Advertising or Targeting Cookies

These cookies are used to deliver adverts more relevant to you, and your interests (assumed by analysing your onsite browsing behaviour). They can also provide caps on the number of times you might see an advert – to hopefully stop them becoming annoying and repetitive. These cookies remember that you have visited Homelush.com.au, track what products you may have looked at, and this information may be shared with our advertising partners. If you see an advert from Homelush, once you have left our site and are browsing other sites on the internet, that magically seems to understand what previously interested you (you browsed a specific item on the site) then this is enabled by targeting cookies.

Tip – these cookies collect information about your browsing habits in order to make advertising more relevant for you.

By using this site, you agree to our use of cookies in the manner outlined above. If you do not wish to receive tailored advertising, you can withdraw this consent at any time by changing your browser settings to reject cookies.

Please note that it is not a good idea to reject all cookies as this could prevent you from gaining full use of this site. To learn more about cookies click here, or to disable them click here.

Where we store your personal data

All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Uses made of the information

We use information held about you in the following ways:

• to provide you with goods and/or services that you have ordered
• to prevent and detect fraud, crime and money laundering
• to check your identity
• to trace and recover debts
• for credit and credit related services and to manage your accounts
• to update our records about you
• to make credit, fraud and identity checks on you (when applicable)

In addition, Homelush may use your Personal Information for research and statistical analysis to develop and improve our
products and services.

You will also have the opportunity to consent to us contacting you by post, email, phone, SMS or MMS from time to time occasionally about products and services which Homelush and carefully selected third parties believe may be of interest to you.

If you are an existing customer, we may also contact you by electronic means (email or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

Disclosure of your information

We may disclose your personal information to any member of Homelush.

We may disclose your personal information to third parties:

• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; and

• if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use.

We may also provide information about our dealings with you to credit reference and fraud prevention agencies. For full details about the third parties to which your data may be disclosed and how they may process this data, please see our privacy policy and terms of use at https://www.homelush.com.au/legal

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and/or in our privacy policy and terms of use at https://www.homelush.com.au/legal and, where appropriate, notified to you by email.