Please read these terms & conditions of use carefully before using this website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern horgans.com.au’s relationship with you in relation to your use of this website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to horgans.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
Amendment of terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and horgans.com.au’s rights and obligations to each other.
Limitation of liability
It is an essential pre-condition to you using our website that you agree and accept that horgans.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Competition and consumer act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), horgans.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
Links to other websites
horgans.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between horgans.com.au and the owners of those websites. horgans.com.au takes no responsibility for any of the content found on the linked websites.
horgans.com.au’s website may contain information or advertisements provided by third parties for which horgans.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
Disclaimer
To the fullest extent permitted by law, horgans.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. horgans.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of horgans.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
Your privacy
At horgans.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. horgans.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
Third parties
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
Disclosure of information
horgans.com.au may be required, in certain circumstances, to disclose information in good faith and where horgans.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
Exclusion of competitors
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of horgans.com.au. horgans.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then horgans.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. horgans.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
Copyright, trademark and restrictions of use
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
horgans.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Whole agreement
These terms and conditions represent the whole agreement between you and horgans.com.au concerning your use and access to horgans.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of unenforceable terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
Jurisdiction
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and horgans.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.
Delivery of goods
All goods are delivered ex-warehouse. Horgans will arrange a freight company to deliver to the purchaser’s address, unless the purchaser states otherwise. Liability passes to the purchaser upon delivery of the goods to the designated address of the purchaser. Liability passes to the purchaser ex-warehouse, if purchaser organises freight ex-warehouse.
Freight is payable at checkout, therefore freight costs are the responsibility of the purchaser, and are additional to the cost of goods sold. The purchaser must sign for the number of cartons received upon delivery. Horgans will not be held responsible for cartons signed for, but not received. If upon delivery cartons are damaged, we ask that you please mark the consignment note and notify Horgans immediately. Please note that bulky and fragile items require specialist carriers and may take longer to reach nominated destinations. Orders will only be sent directly to purchaser’s client at Horgans discretion.
If the goods are to be delivered to a location other than ground level, then sufficient access must be available by staircase or lift. If delivery cannot be made to the location specified due to the nature of the premises, insufficient access, incorrect detail regarding the access provided or unavailable to meet the delivery, the customer will be liable for all additional costs incurred. If the item(s) is(are) returned, the customer is liable for all additional delivery costs and restocking fees.
Site delivery checklist
Horgans will not accept responsibility for delivery failures or delays by our delivery contractors with items returned due to access limitations. To ensure you have a smooth and seamless delivery please see the points listed below as these are what you are required to agree with before checking out an order on our website.
You agree that;
- You have checked the size of your products and determined that they will fit either into a lift cart or via stairs into your property?
- You have checked if the lift requires a booking and have arranged in a timely manner?
- You have assessed if a loading dock booking is required and have arranged this prior to delivery?
If delivery cannot be made or is delayed due to the nature of the premises, insufficient access, incorrect access details provided or no-one is home, the customer is liable for all addition freight costs and restocking fees.
Vintage and hand-crafted products
Many of our pieces are hand crafted and hand finished to provide a unique look. Given their nature, natural imperfections are to be expected and celebrated. Each piece may be different and vary over time with exposure to light and use. Horgans is not responsible for the condition of items that have been used inappropriately or in a commercial situation.
Horgans and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Horgans, you accept these conditions. Please read them carefully. In addition, when you use any current or future Horgans service or visit or purchase from any business affiliated with Horgans, whether or not included in the Horgans Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
Care instructions
Please read & follow the product Care Instructions provided on the website. Horgans is not responsible for the condition of items when these instructions are not followed. If you visit or shop at Horgans you agree to follow these instructions.
Pricing
All prices are exclusive of the G.S.T. Prices quoted are deemed correct at time of publishing. However, errors and omissions, fluctuating currencies and other factors beyond our control can occur, so we reserve the right to make changes if and when necessary. Pricing may change without notification and Horgans have the right to withdraw an item from sale at their discretion. The 10% off welcome offer is only applied to full priced items in your cart - items already on sale are not included in the offer or discounted further. Any freight applicable to your order is not included in the 10% off welcome offer.
Payments
Horgans accepts payment by Visa, Mastercard, American Express, Paypal and After-Pay.
Credits, returns, refunds, damaged or faulty goods
Credits are only accepted if authorised by Horgans head office and only if Horgans are notified within seven (7) days of receipt of goods. Notification of a claim must be made by email to Horgans’ Sydney office (sales@horgans.com.au).
Failure to claim within this period constitutes full acceptance of the goods. The goods must be in the original packaging in which they were shipped when returning goods, after authorisation has been given. Horgans sales representatives and agents will not accept return of claimed goods unless authorisation from Horgans head office is given prior.
Horgans will not discount goods if the purchaser sells goods at a discount before authorisation is given by Horgans. To expedite claims, please include invoice number of purchase, a detailed description of reason for claim and include images and/or videos of fault. If upon return to Horgans Sydney office it is evident the claim is invalid, a restocking fee may be applied.
Please choose carefully. We do not give refunds, credit or accept returns if you change your mind or make a wrong decision.
Sample & ex-display products
All Horgans Sample & ex-display products are excluded from Terms of Sale, Terms & Conditions. We do not offer refund or exchange on sample or ex-display items – these products are void of warranty & sold ‘as-is’. Sample or ex-display items may have imperfections or defects, we do not offer repairs or add-ons. Any images are a guide only.
Using your own carrier
Horgans take great pride in the effort made to ensure products are packaged to a high standard. If transit damage occurs for items collected by the customer or the customers nominated carrier, the customer will need to take necessary steps to resolve the issue with their own carrier. All shipments should be inspected upon collection and immediately on arrival from nominated carrier with all exceptions noted on the delivery receipt at the time of delivery by the carrier.
Overdue accounts and payments
Until an overdue account is brought up to date, Horgans reserve the right not to supply further goods to the purchaser. Horgans is entitled to take action to recover the balance owing of an invoice.
Deliveries
Delays up to four weeks or more may occur due to availability of incoming shipments from overseas. Goods, which are not supplied to the purchaser, will remain on back-order until the goods are available. Once items become available, Horgans will endeavour to despatch the items as soon as possible. Orders at the purchaser’s request and Horgans discretion may be delayed for a limited time. In this instance Horgans cannot guarantee stock availability.
Cancellations & returns
Cancellation of orders or part of orders must be made in writing, via email or fax, and until done so, will remain an order. Cancelled orders that have already been reserved and/or packed will only be allowed at Horgans discretion. If accepted a minimum re-stocking fee of 30% applies. Dispatched orders can not be returned due to change of mind. Orders will be cancelled at the discretion of Horgans. Reasons for cancellations include, but are not limited, to breach of Terms & Condition’s, non-response by purchaser to Horgans communication and rejected/declined payments.
If a product is to be returned which had been installed in a property and needs to be dismantled, deconstructed or removed from a wall etc - Horgans are not responsible for any damage to the property as a result of the install, nor is Horgans responsible for any damages or make good needed as a result of the removal of products for return.
Change of business ownership
Change to a business ownership must be made in writing to Horgans. New owners will be on pro-forma basis for initial order with Horgans.
Electronic communication
When you visit Horgans or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Horgans or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Horgans and protected by international copyright laws. All software used on this site is the property of Horgans or its software suppliers and protected by international copyright laws.
License and site access
Horgans grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Horgans. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Horgans.
You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Horgans and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Horgans' name or trademarks without the express written consent of Horgans.
Any unauthorised use terminates the permission or license granted by Horgans. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Horgans so long as the link does not portray Horgans, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Horgans logo or other proprietary graphic or trademark as part of the link without express written permission.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Horgans does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Horgans only with involvement of a parent or guardian.
Horgans and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, comments, communications, & other content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Horgans reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Horgans and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Horgans and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Horgans or its affiliates for all claims resulting from content you supply. Horgans has the right but not the obligation to monitor and edit or remove any activity or content. Horgans takes no responsibility and assumes no liability for any content posted by you or any third party.
Copyright complaints
Horgans and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
Copyright complaints
All items purchased from Horgans are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product descriptions & variations
Horgans and its affiliates attempt to be as accurate as possible. However, Horgans does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. All products are for domestic use only unless otherwise described. For clarification or added information of a product please contact our friendly staff who are more than happy to help.
Due to variations in screen resolution and devices, colours and image may vary to actual product. Please note the image is not always an exact representation of the product. We always do our best to match our descriptions and image to be as close as possible.
Other businesses
Parties other than Horgans and its subsidiaries sell product lines on this site. In addition, we provide may links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Horgans does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.Warranties
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement 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 goods fail to be of acceptable quality and the failure does not amount to a major failure.
Each Product sold by Horgans is also covered by Horgans Limited Warranty, where the product is used in a domestic environment.
Structural warranty for furniture from date of purchase: 2 years (1 year if ex-display stock)
Structural warranty for outdoor furniture from date of purchase: 2 years (1 year if ex-display stock)
Upholstery Items from date of purchase: 1 year (1 year if ex-display stock)
This warranty covers defects in manufacture and materials, but specifically excludes:
- Damage to the product, howsoever caused.
- Fading, deterioration and discolouration of fabric, including mould or mildew.
- Damage caused to the product due to abuse, lack of proper maintenance, or using the product in a manner unintended by the manufacturer.
- Colour variations in stone, marble, metal and ceramic
- Variation in grain or finish of timber products.
- Any movement, cracking or bowing in timber resulting from change in humidity or fluctuating temperatures.
- Damage to products resulting from exposure to foreign substances.
Disclaimer of warranties and limitation of liability
This site is provided by Horgans on an "as is" and "as available" basis. Horgans makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Horgans disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Horgans does not warrant that this site, its servers, or e-mail sent from Horgans are free of viruses or other harmful components.
Horgans will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Applicable law
By visiting Horgans, you agree that the laws of Horgans, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Horgans or its affiliates.
Disputes
Any dispute relating in any way to your visit to Horgans or to products you purchase through Horgans shall be submitted to confidential arbitration in Sydney, Australia, except that, to the extent you have in any manner violated or threatened to violate Horgans' intellectual property rights, Horgans may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
