Terms & Conditions
Welcome to the Horgans website. Please take a moment to review our Terms and Conditions. Your purchase of products from Horgans constitutes an agreement to follow these Terms and Conditions and be bound by them.
VINTAGE AND HAND-CRAFTED PRODUCTS
Thank you for choosing a Horgans product. 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.
A minimum order value of $400.00 (ex GST & freight) applies to general stock and a minimum order value of $200.00 (ex GST & freight) applies to Christmas stock. Orders must be received in writing via email, fax or through our website. No phone orders will be taken. No responsibility will be taken by Horgans for customer typing errors.
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.
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 on all dispatches. 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.
Horgans cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor. You must advise at the time you place your Order or later when you discuss delivery with Horgans, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist. If the item/s is/are returned all delivery costs and restock fee will be applicable.
PAYMENTS - All payment by Visa and Mastercard are surcharge Free.
Payment for approved 30 day account holders ONLY can be made by EFT, credit card (only VISA and Mastercard), cheque or cash.
For all other customers, BEFORE an order is entered in the system and stock reserved, a valid credit card (VISA or Mastercard only) must be given. Once goods are available for dispatch, the credit card provided at the time of order being placed, will be charged only for the goods available. After the items have been packed, the exact freight costs will be calculated and charged to the same card. Goods are then dispatched. If for any reason you need to pay by EFT, we will insist on a $20 ex GST admin fee.
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 in writing, by fax or email, to Horgans’ Sydney office (firstname.lastname@example.org). 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 sales agents will not accept return of claimed goods unless authorization from Horgans head office is given. 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 image/s of fault. If upon return to Horgans Sydney office it is evident the claim is invalid, a restocking fee may be applied.
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.
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 and 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.
APPLICATION FOR CREDIT ACCOUNT
30 Day accounts are offered at the Horgans discretion. A standard Gift and Homewares Association “Credit Application Form” must be completed, in full, by all new customers or new owners of a current account, wishing to apply for credit with Horgans. All account payments are strictly 30 days from date of invoice. Horgans will only supply a limited credit amount to any client at Horgans discretion. No goods will be supplied to overdue accounts. If an account holder consistently pays outside the trading terms, Horgans has the right to cancel all agreements with the account holder and purchaser. No accounts are offered to purely online stores.
CHANGE OF BUSINESS OWNERSHIP
Change to a business ownership must be made in writing to Horgans. New owners will be on proforma basis for initial order with Horgans.
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.
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" utilizing 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.
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, AND 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.
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.
RISK OF LOSS
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 AND 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.
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.
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 OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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.
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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to Horgans. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.