Terms & Conditions

About

This empirehome.com.au website (“website”, “site”) is owned by and the content is published by Gillin Pty Ltd ABN 48 009 133 082 (trading as Empire Home) of Empire Home, 2 Hathor Way, Bibra Lake WA 6163 (“us”, “our”, “we”, “Empire Home”, “Empire Home Online”).

You must not access, browse or use empirehome.com.au (“website”) unless you agree to be bound by the terms and conditions set out below. If you do not agree to these terms and conditions, you must not use this website or purchase from this website.

Online Orders

Thank you for shopping at Empire Home, to ensure your online purchase and subsequent delivery runs as smoothly as possible we ask that you take the time to read the terms and conditions of sale when checking out online carefully.

It is your responsibility to review at point of online checkout to ensure that all details are correct; this must include model, size, colour, price, quantity, and any other special requirements. We reserve the right to charge an administration fee, of 30% of the purchase total for a cancelled order after a payment is taken. Please note that after the despatch of your goods we will not refund for a change of mind or incorrect choice and no refund or exchange will be entered into.

Should you have an issue with your product and need to report this matter to Empire Home we request that you online@empirehome.com.au in the first instance. Our products are sold for domestic use only. Wood products are sold with the understanding that each piece will be unique with a variation of colour. Natural wood is beautiful, unique and varied, consistency is only achieved in man made products. Our furniture collections may be subject to a variance of up to 3% of that of the dimensions indicated.

Returns & Exchanges

If you need to request a refund, return or exchange we ask that you take the time to read this returns policy.

Please do not send item(s) back to Empire without first contacting our online team. Contact Empire customer service via:

Email: online@empirehome.com.au
Phone: 0409 093 030

Included with your request must be the following information:

1. A daytime and after hours contact number.
2. Receipt number OR a copy of your invoice/receipt.
3. A brief description of the fault or issue.

Please do not return the items by post or courier until we have replied or spoken to you. We have return options that may be easier and more secure than standard return post services.

Returns for Change of Mind

We encourage you to choose carefully from our collection. Remember that we're always here to help you find the right item and we're happy to talk to you about what would be best for your home.

Returns for change of mind must be completed within 10 days of the date of shipment. Please note Empire does not offer a refund for change of mind returns, however we may offer a credit voucher or exchange. The exchange or credit will not include shipping and handling charges, and these charges will be charged at the time of return or deducted from a credit voucher or exchange value should we decide to offer one. The exchange or credit will be issued when the goods are received by Empire in original condition, including complete, undamaged product packaging where applicable.

Empire will not accept the return of items from the following categories for a change of mind return under any circumstances:

i) discounted or sale items
ii) cosmetics, jewellery, soap, personal care products, and fragrances
iii) bedding
iv) gift vouchers

These products can still be returned if they are faulty, not fit for purpose or the product is significantly different from the published sample or description.

Returns for Damaged Items

If your goods have arrived damaged please let us know as soon as possible. Damaged goods returns must be requested within 7 days of receiving your purchase. Once the return is approved we will organise a pick-up where possible. In the case of damaged or faulty goods, a photograph of the item can help us determine the best way we can assist you. Please include a photograph with your email.

Other Returns

At Empire’s discretion, we will accept product returns and provide you with an exchange voucher, refund or repair where:

i) the product is faulty or is not of a reasonably acceptable quality; OR
ii) the item is not fit for its intended purpose; OR
iii) the product is significantly different from the published sample or description; AND
iv) you can present your Empire tax invoice or other adequate proof of purchase.

Empire may elect to return the product to the manufacturer's repair agent to determine the nature of the problem. Empire reserves the right not to offer an exchange voucher, refund or repair where the item fault is a result of misuse, poor storage or neglect.

Deliveries

COVID 19 - In the event your delivery suburb or nearest store is affected by a State Health Order to minimise community contact, ALL delivery options (as outlined below) will revert to a 'to door and no contact' service. In these instances, customer may elect to delay delivery until such restrictions are lifted or collect their order from their elected store/warehouse location and have any paid delivery fee refunded. Orders will not be cancelled based on State Health Orders and Restrictions

Please examine all goods prior to signing the acceptance of the product in good condition. Any damages must be reported to the delivery/courier driver and recorded on our delivery sheet. Empire Home is not responsible for any damages that may occur after leaving the warehouse. If no-one is at home on the arranged delivery day, a second delivery fee will apply.

Courier Deliveries: Unpacking, rubbish removal and assembly is NOT included in this service. All parcels are shipped requiring a customer signature upon receipt. You may elect to mark your parcel for

‘Authority to Leave’ with the courier, however it is important to note any goods under these consignments will no longer be considered the responsibility of Empire Home or the consigned courier should they be lost, stolen or damaged upon arrival.

Standard and Premium deliveries: We cannot give you exact delivery times on the delivery day; however, we will endeavour to get there as close as possible to the 2–3-hour time window we quote the day before your delivery. If you wish to change the delivery day, please ensure that you notify us at least 24 hours prior to the scheduled delivery day. If you are purchasing large items (size) of furniture, please ensure that you know whether the items will permit the safe delivery of purchased furniture into your home.

Empire Home are not responsible for any furniture items that do not fit into your house, apartment, your lift leading to your property, stairways, corridors, and doorways, and we will not refund or exchange if this occurs. Our delivery driver/s will take the utmost care and responsibility when delivering your product into your home, however we are not responsible when there is a real risk that the goods and or your premises will be damaged due to poor accessibility. Our delivery driver/s will inform you on arrival should they decide this to be the case. The goods may then be left at the safest agreed point, or you may decide to sign an indemnity (if offered) and waiver for any damage to product or premises as a result of our drivers being requested by you to attempt such a delivery.

Gift Vouchers

If you are purchasing a Gift Voucher as a gift for another person, you should ensure that person is aware of these Terms including the expiry date of the Gift Voucher.

Purchasing a Gift Voucher

Gift Vouchers are available to purchase online or from any Empire Home store. For Empire Home locations please view here.

When you purchase a Gift Voucher, you nominate the amount you want to put on the card (must be a minimum of $50.00) and pay that amount by any means other than by another Gift Voucher.

Empire will also collect personal information about you or the recipient of the Gift Voucher and create an account in the name of the cardholder which will be linked to the gift voucher. The information we collect will include the persons name, email, address and contact number. Please refer to our Privacy Policy here in relation to how we collect, use, handle and disclose your personal information.

If you order your Gift Voucher online, please allow 1-3 business days until you receive the voucher. The Gift Voucher will be valid for thirty six (36) months from the date of purchase.

Using the Gift Voucher

Gift Vouchers may be used to purchase goods at any Empire Home store in Australia. At this time, Gift Vouchers cannot be used to purchase goods throughout our website. To redeem your Gift Voucher, please present the card at the time of purchase in the store.

Please note:

If your Gift Voucher exceeds the total amount of your order, the remaining balance will be automatically updated on your Gift Voucher; if your order exceeds the value of the Gift Voucher, you must pay the remaining balance of your total order amount by an alternative form of payment (if you have existing store credit, this may be used).

Gift Vouchers cannot be returned or exchanged for cash. Any balance remaining on a Gift Voucher after its expiry will be forfeited and will automatically become the property of Empire Home.

Gift Vouchers are the sole responsibility of the purchaser and recipient. Empire Home is not responsible for lost, stolen or damaged cards or unauthorised use.

For all enquiries related to Gift Vouchers please contact our team at online@empirehome.com.au

Warranty

Consumer

1. The following guarantees only apply if you are a “Consumer” as defined in Section (3) of the Australian Consumer Law. It may not apply in your particular case.

2. Consumer Guarantees

2.1 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 the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

2.2 Consumer guarantees do not apply if you:

2.2.1 Misused the product in any way that caused damage or a problem; or

2.2.2 Changed your mind about buying the product for whatsoever reason including finding the product cheaper else where; or

2.2.3 Knew or were made aware of any fault before you bought the product; or

2.2.4 Plan to on-sell or change the product so that you can re-supply it as a business.

3. Additional Warranties

3.1 Certain goods sold by Empire enjoy additional warranties below. These are in addition to the other rights and remedies available to you under the Australian Consumer Law.

3.2 Additional warranties are subject to the nature of the goods. Where natural materials are used in the making of the goods the appearance of the goods may vary from photographs and samples or floor stock, and from piece to piece. These variations are not defects under this warranty.

3.3 Any additional warranties below do not apply to:

3.3.1 Where damage is a result of abuse, improper care or use, including (but not limited to) improper maintenance, failure to follow Empire Care Instructions, exposure to direct sunlight, salt air, chemicals, spillages, water and any use for which the product was not designed or where damage is a result of ordinary wear-and-tear;

3.3.2 Damage as a result of failure to follow Empire’s care instructions or specifications;

3.3.3 Damage incurred in the movement or relocation of a product;

3.3.4 Where products have been exposed to extreme conditions or it has come into contact with dyes, solvents, acid or other corrosive liquids or materials, incorrect cleaning techniques or exposing products to direct heat, sunlight or moisture where the product has not been designed for such use.

4. Empire's Warranties

The following warranties apply to goods purchased direct from Empire. Structural Warranties exclude any surface, fabric or finish of a product. Exclusions above apply. Period of warranty from date of purchase:

Indoor Furniture:
Exclusions in clause 3.3 above apply in all cases.

Structural Frame - 3 years
Cushions, covering fabric or leather, foam, feathers and fibre filling - 2 years

Outdoor Furniture:
Where items are specifically designed and stated to be for outdoor use excluding normal wear and tear.

Structural Frame - 2 years
Covering (excludes soiling of covers and normal fabric colour change due to exposure to sun, weather and coastal conditions) - 1 year
Table & Chairs (without upholstery) - 2 years

Rugs - 1 year

Lighting - 1 year (excludes bulbs)

Homewares - 1 year

5. Remedies & Solutions

Empire cannot provide specific timeframes for repair or replacements but will endeavour to repair or replace goods at the earliest possible opportunity. The decision whether to replace or repair defective or damaged goods is at Empire’s sole discretion.

6. Remedies


6.1
Certain legislation, including Schedule (2) of the Competition and Consumer Act 2010, imply guarantees and impose obligations, which cannot be excluded, restricted or modified. Where such statutory provisions apply Empire’s liability shall be limited at its option to:

(i) in the case of supply of Goods, the replacement of the Goods or supply of equivalent Goods; or
(ii) the payment of the cost of replacing the Goods or acquiring equivalent Goods; or
(iii) the payment of the cost of having the Goods repaired; or
(iv) the repair of the Goods.

7. To Claim Under Any of the Above Warranties


7.1
To be entitled to claim under any of the above warranties you must:

(i) Should a defect or imperfection appear in the item within the period specified in the table in paragraph 5 above, stop using the item immediately. To make a claim under this warranty you must, before the warranty period expires:
(ii) contact Empire on the contact information provided on this website and provide proof of purchase, details of what you consider the defect to be and the circumstances in which the defect appeared and all other relevant communications in respect of the Warranty claim or goods.
(iii) Empire will determine whether the product is defective and if the product is defective and is covered by the warranty, Empire will provide the remedies described in paragraph 6.1 above.

Goods & Services

We will ship your order once all items are in stock. We use various 3rd party courier networks to offer the most competitive rate available and suitable courier for the type of goods. Expected delivery times vary between metro and rural areas. We usually dispatch your order within 5 business days of all items being in stock. Please allow 10 business for shipping to metro areas and allow 20 business days for rural areas.

If we have insufficient stock to complete your order, the products will be placed on backorder. The backorder timeframe will be indicated online and that these are approximate, and any shipping delays could occur outside our control, however we will ensure customers are updated accordingly.

Consumer Guarantees

Our products come with guarantees that cannot be excluded under the consumer laws in Australia. You are entitled to reject, have the item replaced or refunded for a major fault should the goods fail to meet the purpose intended. If there is a minor failure with the product, you are entitled, at the election of Empire Home, to have the product repaired within a reasonable time, have the goods replaced or be refunded the purchase price of the goods.

Safety

Empire Home encourages customers to consider safe use and installation of all furniture, to suit your individual circumstances. It is important to consider the placement of any furniture or homewares items, particularly in relation to your personal circumstance as well as those of others living in or visiting your home, such as children or the elderly. Toppling furniture is a safety risk. Some products have wall anchor or fixings provided within the packaging; in these cases, they MUST be fixed to the wall for safe use. For more information and government recommendations, please see this Product Safety Guide.

Pricing

We aim to ensure that the pricing of the goods and services shown on the website is correct at all times. However, the web pages may not always accurately reflect the correct details at the moment at which you place your order. Empire Home reserves the right to change prices without prior notice at any time prior to dispatch of your order.

All prices include GST (at the current rate in Australia) where applicable, however exclude delivery costs which will be added to the total amount during checkout.

Payment

All goods must be paid for in total before leaving Empire stores and warehouse.

All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted, and Empire Home will not be liable for any delay or non-delivery.

Important Notes

For incorrect item replacements, Empire must be notified within 14 days of receipt of the goods in order for a refund/exchange to occur. To arrange for return/replacement of the incorrect item please contact the ecommerce team using the methods outlined above. Refund/exchange in these cases is at the sole discretion of Empire.

Screen resolutions and other monitor specifications may impact the way colours are interpreted by the viewer. This may cause colour perceived discrepancies between online photographs and viewing the piece in person. Please consider this when making an online purchase.

Empire reserves the right to assess the condition and age of returned goods prior to providing a repair, exchange or refund. This may result in a repair, exchange or refund being refused. Goods presented for repair may be replaced by new or refurbished goods of the same type rather than being repaired. New and/or refurbished parts may be used to repair goods.

Claims for compensation or reasonable expenses incurred in returning your purchase should be addressed to our customer service team at the address on our contact page and need to be accompanied with supporting evidence.

Refund, credit and exchange values do not include the cost of shipping the goods to or from the purchaser.

Empire products come with guarantees that cannot be excluded under 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.

Copyright

All rights, including copyright, in the content of the website pages are owned, licensed to, or controlled for these purposes by Gillin Pty Ltd T/A Empire Home. In accessing these web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of these Gillin Pty Ltd website pages for any other purpose whatsoever without the prior written permission of Gillin Pty Ltd T/A Empire Home.

Privacy

We collect and use your personal data in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) and our Privacy Policy. Please take the time to read this Privacy Policy as it contains terms which apply to you. By using the Empire Home website, you consent to such collection and processing, and you warrant that all data provided by you is accurate.

Force Majeure

(EVENTS OUTSIDE OF OUR CONTROL)

Empire Home shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control. We will contact you as soon as reasonably possible in such an event is made aware to us. We quote an approximate lead time for the receipt of your order into the Store or Warehouse elected. Unfortunately, circumstances may change beyond our control which may lead to a delay in your order being delivered on time.

General

We reserve the right to amend these Terms & Conditions at any time without notice and your access to this website may be restricted or terminated at any time without notice. In the event that your access to this website is restricted or terminated, these Terms & Conditions still apply.

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