WEBSITE TERMS OF SERVICE
This website is operated by Homer St. Throughout the site, the terms “we”, “us” and “our” refers to Homer St. Homer St offers this website, including all information, tools and products 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.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.
Any new features or tools which are added to this website or online 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.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Business Details - Homer St ABN 98 638 193 255. Place of business: 8 Sutcliffe St Kingsgrove NSW 2208 (please note this is not a postal address). Postal address: Po Box 5 Earlwood, Sydney 2206..
ONLINE STORE TERMS
Our Products and Placing Orders
All products listed on this website are described to the best of our abilities and the specifications reflect the information that has been provided to us. All care is taken to ensure this information is correct, but we cannot eliminate the possibility of error.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
Homer St will accept any order that you place as final and changes or cancellations cannot be made to the order. By placing an order, you agree to all the terms and conditions as advised by Homer St. Should a product not be available at the time of placing your order, Homer St reserves the right to contact you and advise you of your options.
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.
Our prices quoted in our website are current, in AUD and GST inclusive. Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product offered on our website.
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 any time without notice, at our sole discretion. 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.
Homer St will only sell and deliver products in Australia. For shipping options, please refer to our Shipping and Refunds Policy.
Due to the perishable and fragile nature of food items or food related items, Homer St will use a courier service or Australia Post for delivery to you at your nominated address (depending on your location). Courier fees and/or postage fees will be stated at check out.
If there are no delivery instructions advised, your order will be left at your front door (or another accessible area if the front door is not accessible) and we take no responsibility for missing orders once delivered. You may be required to sign for the package as proof of delivery.
Our goods leave our premises in 100% perfect condition. Should those goods not be received by you in 100% perfect condition, then it will be considered the responsibility of the courier company delivering to you and/or Australia Post (as applicable) and should be pursued directly with them.
Any claim of damage to or shortfall in products received must be reported to Homer St. in writing or by email within 5 business days after receipt of the goods. If you do not report any damage or shortfall of products within this timeframe, you will be deemed to have accepted all goods delivered.
Warranties and Refunds
We offer the warranties set out in the Australian Consumer Law in respect of our goods. For the avoidance of doubt, Homer St is not responsible for nor does it give any warranty in respect of any food stuffs which give rise to:
- any adverse affect on any person due to allergy or intolerant reaction arising from that person’s consumption of any food supplied by Homer St;
- any damage suffered by any person using any goods supplied by Homer St;
3. any loss or damage to any goods including food agreed to be supplied by “donna hay”, which damage occurs in transit, during delivery or in any other manner after the material has left Homer St.
Please refer to our Shipping and Returns policy for information regarding refunds.
Liability and Indemnity
To the extent permitted by law, Homer St excludes all liability in respect of goods supplied and where it cannot be excluded it will be limited to exchange or refund for goods in accordance with the Australian Consumer Law.
Homer St does not warrant the accuracy of the information contained in the product list and recommends that you read the labels on the goods carefully before consuming the goods.
You hereby indemnify Homer St against all claims, actions, suits, demands or costs made on or against Homer St by any person arising from the supply or use of any goods supplied by Homer St.
Homer St does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with use of our service, including damage to goods occurring during delivery.
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.
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.
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.
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.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY REGARDING WEBSITE USE
We do not guarantee, represent or warrant that your use of our website 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 expressly agree that your use of, or inability to use, this website is at your sole risk.
To the extent permitted by law, Homer St, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of this website or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of any product posted, transmitted, or otherwise made available via this website, even if advised of their possibility. Where liability cannot be excluded, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Homer St and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Service are effective unless and until terminated by either you or us by mutual agreement.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
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 New South Wales, Australia.
CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.