Terms Of Service
Welcome to our retail e-commerce website operated by Homessence Group (“homessencegroup.com”). By using our services, you agree to be bound by the following terms and conditions (“Terms”). Please read them carefully before accessing or using our website. If you do not agree with these Terms, you should not use our services.
Introduction
1.1 The Website, homessencegroup.com, is an online retail platform for home decor products, operating under the laws of New Zealand.
1.2 Your access to and use of the Website is subject to your acceptance of these Terms without any modifications. Homessencegroup.com reserves the right, at its sole discretion, to deny access to the Website to any user without providing any reason.
1.3 The Website www.homessencegroup.com is owned and operated by HV Crafts Limited, Auckland, NZ.
Account, Password, and Security of Users
2.1 Upon completing the registration process on our website, you will be provided with an account designation and password. It is your responsibility to maintain the confidentiality of your account and password. You are fully responsible for all activities that occur under your account. You agree to:
2.1.1 Promptly notify Homessence Group in case of any unauthorised use of your account or password or any other security breach.
2.1.2 Ensure that you log out of your account at the end of each browsing session.
2.1.3 Understand that Homessence Group cannot be held liable for any damage or loss resulting from your failure to comply with this section.
Offered Services
3.1 homessencegroup.com provides various Internet-based services through its website (“Services”). These services allow users to purchase authentic home decor products (“Products”). Once an order is processed, Homessence Group will ship the Product to your address in exchange for payment.
Privacy Policy
4.1 By using our services, you acknowledge that you have read and understood Homessence Group’s Privacy Policy, which is available on the website. You further consent to the terms and content of the Privacy Policy.
Limited User
5.1 As a user, you agree not to engage in reverse engineering, copying, distribution, transmission, display, performance, reproduction, publishing, licensing, creation of derivative works, or selling or transferring any software or information obtained from the Website.
5.2 Limited copying and reproduction of the website’s content are allowed, provided that Homessence Group’s name is indicated as the source and prior permission from Homessence Group is obtained. Wholesale or unlimited reproduction, copying of content for non-commercial or commercial purposes, and modification of the information and data within the Website’s content are not permitted.
Conduct and Rules for Users
6.1 When using our Website and Services, you agree to post or send relevant and appropriate messages and content. Specifically, you agree not to:
6.1.1 Defame, abuse, stalk, threaten, or violate the legal rights of others.
6.1.2 Publish, post, upload, distribute, or disseminate any unlawful, indecent, obscene, infringing, defamatory, profane, or inappropriate information, material, name, or topic.
6.1.3 Upload files that may contain software or other content protected by intellectual property laws, unless you have the necessary rights or permissions.
6.1.4 Upload or distribute files that may contain viruses, corrupted data, or any software or programme that could potentially damage the Website or users’ computers. You acknowledge that it is your responsibility to ensure that any files you upload to the Website are free from viruses or other malicious code. Homessence Group shall not be held liable for any damages or losses caused by the presence of viruses or other harmful elements in the files uploaded or distributed on the Website.
Return and Refund Policy:
Homessence Group offers a return and refund policy for its customers. If you are not satisfied with a product you have purchased, you may return it within a specified timeframe and in accordance with the return policy outlined on the website. Homessence Group will initiate a refund once the returned product is received and inspected. The refund will be processed using the original payment method, and any shipping charges or fees may be deducted from the refund amount. Please refer to the specific return and refund policy provided on the website for more details.
Product Descriptions and Images:
Homessence Group strives to provide accurate product descriptions and images on its website. However, the website may contain errors, inaccuracies, or sometimes, outdated information. Homessence Group does not warrant the accuracy, completeness, or reliability of any product descriptions or images. It is recommended that you review the product details, specifications, and images carefully before making a purchase. If you have any questions or concerns about a product, you may contact Homessence Group customer support for assistance.
Modification of Terms:
Homessence Group reserves the right to modify or update these terms and conditions at any time without prior notice. Any changes to the terms will be effective immediately upon posting on the website. It is your responsibility to review the terms periodically to stay informed about any updates. By continuing to use the website and its services after the modifications, you agree to be bound by the revised terms.
Dispute Resolution:
Any disputes or claims arising out of or relating to these terms and conditions, including the use of the website and its services, shall be resolved through negotiation and mediation. If the parties are unable to reach a resolution through mediation, the dispute may be submitted to arbitration in accordance with the applicable laws of New Zealand. The arbitration decision shall be final and binding on both parties.
Waiver:
The failure of Homessence Group to enforce any provision of these terms and conditions shall not be construed as a waiver of such provision or the right to enforce it at a later time. Any waiver of any provision of these terms must be in writing and signed by an authorised representative of Homessence Group.
Entire Agreement:
These terms and conditions, along with any additional policies or guidelines provided on the website, constitute the entire agreement between you and Homessence Group regarding the use of the website and its services. They supersede any prior agreements, understandings, or representations, whether oral or written.
Contact Information:
If you have any questions, concerns, or feedback regarding these terms and conditions or the services provided by Homessence Group, you may contact Homessence Group’s customer support through the contact information provided on the website.
Intellectual Property:
All content, including but not limited to text, graphics, logos, images, and software, on the Homessence Group website is the property of Homessence Group and is protected by intellectual property laws. You may not use, reproduce, distribute, or modify any content from the website without prior written consent from Homessence Group. All artworks featured on the Homessence Group website are protected by intellectual property laws, including copyrights. Only Homessence Group artists retain the rights to their creations.
Copyright Violation:
Unauthorised reproduction, copying, or creation of duplicates of any artwork displayed on this platform is strictly prohibited. Such actions constitute a severe violation of copyright policies.
Punishable Offense:
Engaging in activities that infringe upon the copyrights of artists is a punishable offense. Legal action, including fines and penalties, may be taken against individuals or entities found in violation.
Artwork Usage:
Purchasing artwork from Homessence Group grants the buyer the right to own the physical piece. However, it does not transfer copyrights or reproduction rights to the buyer.
Licensing and Permissions:
Any commercial use, reproduction, or distribution of artworks for purposes other than personal display requires explicit written permission and licensing from the respective artists.
Digital Representations:
Digital representations of artworks on Homessence Group are solely for viewing purposes. Unauthorised downloading, taking screenshots, or capturing of digital images is prohibited.
Authenticity and Descriptions:
Homessence Group strives to provide accurate and detailed information about each artwork. Buyers are encouraged to verify authenticity and details before making a purchase.
Modification of Terms:
Homessence Group reserves the right to modify or update these terms and conditions. Users will be notified of any changes, and continued use of the platform implies acceptance of the revised terms.
Indemnification:
You agree to indemnify, defend, and hold Homessence Group and its employees, directors, officers, agents, and affiliates harmless from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of, or related to your use of the website or any violation of these terms and conditions.
Limitation of Liability:
In no event shall Homessence Group or its employees, directors, officers, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, or use, arising out of or in connection with your use of the website or the services provided by Homessence Group, whether based on contract, tort, strict liability, or other legal theory.
Severability:
If any provision of these terms and conditions is deemed invalid, unlawful, or unenforceable, the remaining provisions shall continue to be valid, lawful, and enforceable to the fullest extent permitted by law.
Assignment:
You may not assign or transfer any rights or obligations under these terms and conditions without the prior written consent of Homessence Group. Homessence Group may assign or transfer any rights or obligations under these terms and conditions to a third party without your consent.
Governing Law:
These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of laws principles.
Language:
The official language of these terms and conditions is English. Any translations of these terms and conditions provided in other languages are for convenience purposes only, and in case of any discrepancies, the English version shall prevail.
Headings:
The headings used in these terms and conditions are for convenience only and do not affect the interpretation or construction of these terms.