Welcome to fancyhomes.com.au (“Web Site”), which is operated by Golden Fancy Pty Ltd. T/S Fancy Homes ACN 159 383 972. Throughout the site, the terms “we”, “us” and “our” refer to Fancy Homes. Fancy Homes offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. ONLINE STORE TERMS
1.1 Your Status
By agreeing to these Terms and conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
1.2 Use of website
1.2.1 Right to amend the website is reserved by Fancy Homes and in any conditions you do not have the right to alter or modify any information provided on the website.
1.2.2 The information presented on the website is general information only. We will endeavour to ensure the update and precision of all information.
1.2.3 By using this website, you accept all the terms and conditions. If you do not accept you must stop using this website immediately.
1.2.4 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. PRICE AND PAYMENT
4.1.1 All prices listed on the Website are in Australian Dollars unless otherwise specified.
4.1.2 Prices for our products are subject to change without notice.
4.1.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4.2.1 We Require payment in full before dispatch of Goods.
4.2.2 We will contact you as soon as possible to advise you of your estimated delivery date and at this time the balance of any monies due will be payable. Only once we have received the balance of any monies due in cleared funds, will we be able to confirm your actual delivery date.
4.2.3 Please note, we will not accept personal cheques or money orders on final payment.
5. PRODUCTS AND SERVICES
5.1 Product specifications
5.1.1 We are taking responsible steps to ensure the products delivered to you are in good conditions
5.1.2 We will not be held responsible for any incidence or consequential damages relating to the use or mis-use of the products under any circumstances, being the vehicle, equipment, you or any third party involved.
5.1.3 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
Actual products may vary in color and we advise you to visit our stores to view exact swatches.
5.1.4 Leather Products are made from quality natural leather and accordingly they may not be uniform in colour or texture. Only the finest hides are selected but they will show natural marks and scars on the hide. Some leathers will mellow with age and exposure to sunlight and heat.
5.1.5 Please note that our lounge sets are made for a maximum individual weight of 110 kg of seating. No more than 25 kg of pressure weight should apply on the armrest
5.1.6 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We are committed to work through any issues you may have in accordance with our policies. Should any problems arise, please contact us and we will endeavour to assist. Our response time is up to 3 business days, or longer for weekends.
However, We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
6.1. Standard Warranty
Fancy Homes products 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 for 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
6.1.1 Warranty on leather/fabric lounges
Fancy Homes limited warrants that the sofa lounges is supplied free of material defects. We offer 3-years structure warranty against faulty workmanship and/or faulty materials. 1-year warranty for the sofa leathers, fabrics, foam and fibre fillings, suspensions, springs, mechanisms including headrests and footrest.
6.1.2 Warranty on leather/fabric beds
Fancy Homes limited warrants that the bed is supplied free of material defects. We offer 3-years structure warranty against faulty workmanship and 1-year warranty for the leathers, fabrics, foam and fibre fillings, mechanisms including headrests and gas lift function.
6.1.3 Warranty on Outdoor Furniture
The powder coated Aluminum frame is warranted against failure due to a manufacturing fault for a period up to 3 years from the date of delivery.
Fabrics, PE Wicker, foams, fibre fillings, zippers, touch fasteners, legs and all other fittings and accessories are warranted against failure due to a manufacturing defect for a period of 1 year.
6.2 Extended warranty by Guardsman®
On top of our standard warranty, Fancy Homes has partnered with Guardsman, the world's leading supplier of furniture care and warranty products so that we can offer you up to five years additional warranty on our leather/fabric lounges, beds and Outdoor Furniture.
6.2.1 Leather furniture protection warranties
Guardsman® Leather Care Collection, including a 5 Year Product Warranty provides you with one of the most durable and long lasting investments money can buy. Fine leather is soft, luxurious, and meant to be enjoyed by the whole family. With proper care, it will improve with age and last for many, many years to come.
However, even the best leather is subject to staining and or damage. That is why the Guardsman® Leather Care Collection, including Guardsman's 5 Year Product Warranty, offers a total care and maintenance system for your leather furniture. Trust it to Guardsman to help you achieve “total peace of mind”. Guardsman has over 80 years experience maintaining and caring for fine leather furniture. For the best in leather care, rest assured it's Guardsman.
The Guardsman® Leather Care Collection includes:
- 250ml Leather Protector
- 250ml Leather Cleaner
- Ink Remover Wipes
- Application Cloth, Dusting Cloth and Cleaning Sponge
- Furniture Care Guide
- 5 Year Product Warranty terms and conditions booklet
The leather care products are not to be used on nubuck or suede leather.
The Guardsman® Leather Care Collection will help protect your leather furniture against (see table below):
|Staining (accidental damage)
Guardsman® Leather Care Collection
|All Accidental Stains||x|
|Human and Pet Bodily Fluids||x|
|Ballpoint Pen and Lipstick||x|
6.2.2 Fabric furniture protection warranties
When you purchase soft-covered upholstery for your home it represents an important investment and its appearance is a reflection of your taste and personality.
Any upholstery investment should be protected and correctly cared for in order to maintain its original look.
Accidental spills can result in stains from many diverse substances within the home.
Guardsman® Gold Fabric Protection and Elite Fabric Protection both provide the maximum protection against all of these spills becoming permanent stains.
With the application of Guardsman® Gold or the Elite Fabric Protector and the comprehensive product warranty that accompanies these products, there is no better way to care for your furniture investment.
Service back up included for both warranty offers*
- 5 Year Product Warranty
- Toll - Free telephone advisory service
- Free cleaning solution and care leaflet
- Free home visits from a professional cleaner to resolve the problem
- Replacement guarantee if stain cannot be removed
|Coverage Guardsman® Gold Fabric Protection||Guardsman® Elite Fabric Protection|
|Human and Pet Bodily Fluids||YES||YES|
|Dyes (Inc. Indelible ink and Tumeric)||YES||YES|
6.2.3 Outdoor furniture Care Collection Warranty
Protect your new outdoor furniture from the stains and damage of everyday life.
Guardsman® Outdoor Care Collection protection includes a 5 Year Product Warranty.
Warranties provide maximum protection against all of these spills becoming permanent stains and accidental damage. There is no better way to care for your outdoor furniture investment
6.3 Exceptions to Warranty
This warranty covers defects in manufacture and materials, but specifically excludes:
(a) knew of, or were made aware of, the faults before you bought the product.
(b) damage caused to the product as a result of failure by the purchaser or end user to comply with care or installation instructions provided.
(c) damage through abuse,lack of proper care or misused a product in any way that caused the problem.
(d) All product warranty is for domestic use only and the warranty dose not extend to commercial use.
6.4 This Warranty Does NOT cover:
6.4.1 normal wear and tear
(a) leathers and fabrics will fade and crease;
(b) foam and fillings will soften and form the shape of the user over time;
(c) depending on the covering and the degree of use, the covering materials, cushion fillings and suspension may need to be replaced periodically at the purchaser’s expense;
(d) scars, marks and differing pore density and colour are natural characteristics of leather;
(e) the leather and fabric products are upholstered by hand and therefore, the size and weight of these products may have minor variations of up to 5% from the sample products or from any product specifications you have been quoted,
6.4.2 Damage caused by spills such as acid, solvents, dyes or other corrosive materials, ink, paint, or bodily fluids;
6.4.3 Damage caused by improper cleaning, negligence, treatment of the product with chemicals, exposing the product to the sun, extreme heat or bright light such as lamps, or otherwise caused by your acts and/or omissions.
6.4.5 Glass may contain small bubbles and slight scratch. This is not considered as defect.
6.4.6 Goods sold as "Floor stock" or "as is" condition are not subject to normal sample standards or warranty periods and no further claim can be made against the Company for repair or replacement of the product.
6.5 Condition of Warranty:
6.5.1 Your dated receipt (Proof of purchase) must be presented for all claims.
6.5.2 You are responsible for returning the goods to Fancy Homes warehouse at your expense in the circumstances which you have picked up the goods, However, if the item is faulty and the cost to return will be significant to you and you have paid any delivery fee in full, then Fancy Homes have to arrange for the goods to be collected from you within a reasonable time.
6.5.3 Fancy Homes reserves the right to repair or replace the product or to make a substitution with a similar item, should the specific article no longer be available. The replacement will be an individual item and not a complete setting.
6.5.4 All warranty takes effect from the date of purchase and will not be extended as a result of a claim, regardless if a repair or replacement have been transacted.
6.4.5 the warranty against defects is not transferable. It is limited to the original purchaser specified in the original Sales Order at the original delivery address.
6.5.5 The terms of warranty shall be in accordance with standards of the Australian Competition and Consumer Commission. Under the scope of these standards, the Company will assess whether a fault is minor or major and for any minor fault the Company may elect to provide a replacement, rather than a refund.
7. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
10. PRIVACY STATEMENT
10.1 WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s Internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing: With your permission, we may send you emails about our store, new products and other updates.
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
11. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
13. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
14. CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and conditions constitutes acceptance of those changes.
15. CONTACT INFORMATION
If you have any questions, please feel free to contact us. In the event of any dispute our first desire is to resolve all the problems to the satisfaction of all parties
Fancy Homes is obliged by law to provide the following information.
The website www.fancyhomes.com.au is operated by Golden Fancy Pty Ltd. Registered in Australia (ACN 159 383 972) Questions about the Terms and conditions should be sent to us at firstname.lastname@example.org