Terms of service

Terms & Conditions

1. INTRODUCTION / AGREEMENT 1.1. The Terms and Conditions below (Terms) apply to Retail purchases of Products via our Website or Showrooms, except for Product sales in the Commercial or Wholesale channel.
1.2. In these Terms:
(a) “we”, “us”, “HS Living”, or any similar expression refer to Charles Bruce Pty Ltd trading as HS Living Pty Ltd (ABN 83 167 988 187) (HS Living); and
(b) “you”, “Customer”, or any similar expression refer to the person named on the Order purchasing a Product from us other than via the Commercial or Wholesale channels.
1.3. The version of the Terms that will apply to your Order is the version which is available on our Website at the time we accept your Order.
1.4. HS Living and the Customer acknowledge and agree that these Terms take precedence over all other conditions or representations whether documented, discussed, or implied.
1.5. By proceeding with your Order, you acknowledge that you have agreed to these Terms. Once an Order is accepted, a Contract is formed between the Customer and HS Living.
1.6. Defined expressions used in these Terms are set out in section 15.

2. PLACING AN ORDER
2.1. You must be at least 18 years of age to order and purchase Products from our Website. Customers under the age of 18 may only purchase Products from our Showroom, provided that Full Payment is made and Products are collected at the time of purchase.
2.2. HS Living reserves the right, acting reasonably, to accept or reject in its absolute discretion any Order, or part of an Order, which it may receive from you.
2.3. When placing an Order and paying either the Full Payment or Deposit, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements and are suitable and sufficient for your intended purpose in all respects.
2.4. While HS Living endeavours to display accurate stock levels and lead times on the Website, these stock levels and lead times are estimates only and may be subject to change.
2.5. It is the Customer's responsibility to ensure that the Customer's information included in the Order (including the Customer's name, contact number, email address and delivery address if applicable) is correct and to notify HS Living of any changes to such information.
2.6. If the Order is comprised of multiple items, HS Living will endeavour to deliver the Products together, but may deliver the Products under that Order by separate instalments.
2.7. Representations made by us via our Website, in a Showroom or otherwise do not constitute an offer to sell but an invitation to treat.
2.8. When you order Products through our Website the following additional terms apply to your Order:

2.8.1. Images of Products displayed on our Website are as accurate as possible. Whilst all efforts are made for accurate representation, you acknowledge and accept that there may be some variation from what is displayed on your monitor. Therefore, we recommend that you view a physical sample of the relevant Product prior to placing your Order.

2.8.2. When you place an Order, we will send you a confirmation email with the details of your Order. That email is not an acceptance of your Order. Orders are deemed to be accepted 48 hours after the confirmation email is sent.

2.8.3. We will notify you as soon as possible about the availability of the Products you have ordered. If we advise you that the Products you have ordered are no longer available, your Order may be declined.

2.8.4. If some or all the Products you have ordered are temporarily out of stock, we will place those Products on back order and supply them when stock becomes available.

2.8.5. Notwithstanding any other clause in these Terms, for Products you order on our Website, you must make Full Payment at the time you place your Order.
2.9. When you order Products that are Floor Stock, marked as Clearance or Sale items or sold through our clearance showroom The Shed, the following additional terms apply to your Order:

2.9.1. You acknowledge that you have been given the opportunity to inspect the Products prior to purchase and in electing to purchase the Products you accept any defect, damage, flaw or otherwise substandard quality.

2.9.2. Products are not covered by HS Living’s warranty, which is expressly excluded. Statutory Consumer Guarantees are not excluded.

3. PRICE
3.1. The prices for Products are in Australian dollars and inclusive of GST.
3.2. Delivery will be charged in addition to the price of Products and these are included in the total cost of the Order.
3.3. All additional costs payable by you pursuant to these Terms are payable to HS Living at such times as you are notified by HS Living.
3.4. The prices listed on the Website are subject to change without notice. It is the Customer's responsibility to check HS Living’s prices on the Website prior to placing an Order.
3.5. If we discover an error in the price or payment of any Products, which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled and will not fulfil the Order.
3.6. Discount codes must be applied at the time of purchase and cannot be applied retrospectively. Only one discount code may be used per transaction, and discount codes cannot be used in conjunction with any other promotional offer, including sale or markdown pricing, unless explicitly stated. Discount codes are non-transferable, not redeemable for cash or credit, and may be withdrawn at the discretion of HS Living without prior notice.

4. PAYMENT
4.1. All payments must be made in Australian currency.
4.2. At the time that you place your Order and pay the Deposit, we will issue you a Sales Order. The Sales Order becomes a proof of purchase after we receive your Full Payment.
4.3. Except as otherwise stipulated in respect of a promotion, or as otherwise agreed between HS Living and the Customer, the Customer must pay the Price in the following instalments:

4.3.1. For Orders where the Products are in stock at the time of purchase Full Payment of the Order is required;

4.3.2. For Orders via our Website where the Products are not in stock at the time of purchase, Full Payment of the Order is required;

4.3.3. For Orders via our Showroom where the Products are not in stock at the time of purchase, a Deposit;

4.3.4. For Orders where a Product is marked as part of a Sale requiring full payment, Full Payment of the Order is required; and

4.3.5. In the case of an Order that has a Deposit, the Balance of the Order value must be paid within 5 Business days from the first request to do so by HS Living (Balance Payment Date).
4.4. The Customer acknowledges and agrees that they must pay the Price in full by the Balance Payment Date. Unless otherwise agreed in writing between the parties, HS Living may withhold collection or delivery of the Products until the Customer has paid the Price in full.
4.5. If the Customer has not paid the Balance of the Price by the Balance Payment Date and does not rectify this failure within 10 Business Days after receiving notice of the failure from HS Living, HS Living may cancel the Order and the Customer shall forfeit the Deposit.
4.6. Payment is only deemed to have taken place when cleared funds are received into HS Living’s bank account.
4.7. No Delivery or Pickup can be arranged until Full Payment has been received by HS Living.
4.8. If the Customer makes the Deposit payment through the SimplyPaid payment portal, you may be subject to additional terms and conditions directly with respect to the SimplyPaid service (to which HS Living is not a party), and you may be able to preauthorise HS Living to take the final Balance payment of their Order once the Products are available for delivery. By agreeing to this preauthorisation, the Customer agrees that HS Living can automatically process the Balance payment for their Order against the credit card with the preauthorisation.

(Note: Original Section 5 has been removed. Subsequent sections have been renumbered accordingly for continuity, and internal references have been updated.)

5. DELIVERY OR COLLECTION
5.1. You acknowledge and agree that Products may not be available for immediate delivery.
5.2. At the time of placing your Order, you may nominate to have the Products delivered to you or collected by you.
5.3. If you nominate collection from our warehouse an administration fee of $95 will be charged and included in your Order total.
5.4. If you nominate delivery, you will need to select and pay the delivery service that you require which will form part of your Order. Further details on delivery options are available here Delivery / Returns – HS Living.
5.5. HS Living will contact the Customer when the Products are ready for delivery or collection, to book in a date for collection or delivery (Dispatch Date).
5.6. At the time of selecting delivery, you acknowledge and agree:

5.6.1. The Lead Time at Order Date is an estimate only;

5.6.2. At the time of processing your Order, you can nominate a date that you do not require delivery before (Not Required Before Date);

5.6.3. Once your Products are available for delivery and the Lead Time at Order Date has been reached or the Not Required Before Date has been reached, in the case where this has been selected, then you must agree a Dispatch Date that can be no longer than 25 days from the time HS Living or one of its agents contacts you to agree the Dispatch Date; and

5.6.4. If you fail to collect or take delivery of Products within 25 days from the date of contact by our Logistics Department, we will treat this as a request by you to cancel the Order and you will forfeit your Deposit.
5.7. In relation to your Order the Customer must:

5.7.1. ensure that the correct delivery address is provided in the Order;

5.7.2. inform HS Living of any issues, difficulties or specific requirements associated with the delivery of Products at time of purchase;

5.7.3. ensure that the Products Ordered are capable of effective and safe delivery, including that the Products will fit through access areas such as doorways, elevators and stairs;

5.7.4. ensure safe access for the delivery of Products, including by ensuring that the delivery location does not require HS Living’s delivery personnel to navigate hazardous terrain or active construction sites, or deliver Products via fire stairs, inclinators or balcony lifts;

5.7.5. provide adequate parking and facilities for unloading the Products at the place you specify. Delivery and installation fees are based on reasonable access being provided at the delivery address; and

5.7.6. have a person at the delivery address on the agreed delivery date to acknowledge receipt the Products.
5.8. We reserve the right to recover any fair and reasonable costs associated with the Customer failing to perform any actions under clause 5.7. This may include but is not limited to redelivery fees, equipment hire, additional labour fees and waiting fees if our delivery agents are required to wait at the delivery address.
5.9. If any Product is unable to be delivered due to the Customer failing to perform any actions under clause 5.7, and a cancellation is therefore required, this will be treated as a change of mind and be subject to clause 7.3.
5.10. Once your Order is confirmed you acknowledge that any request to make changes to the delivery address or delivery type may be agreed at HS Living’s absolute discretion. If HS Living agrees to any change in the delivery, you acknowledge that you will pay any additional costs subject to clause 4.
5.11. Delivery dates and times provided to you are estimates only. We are not liable for any loss, damage or delay arising from late delivery, non-delivery or late installation of the Products. The failure of HS Living to deliver or arrange for collection of the Products by the Dispatch Date does not entitle either party to treat an Order or the Contract as repudiated.
5.12. It is agreed that someone will be at the delivery address to receive delivery of your Products on the Dispatch Date.
5.13. It is your responsibility to inspect the condition of the Products at the location where we deliver (this can either be you personally, or a representative on your behalf) and advise in writing of any deficiencies or errors before acknowledging receipt.
5.14. Liability for the Products becomes yours when the delivery occurs. If we accidentally damage Products during delivery, then our liability for that damage is limited to our choice of the repair, refund or replacement of the Products.
5.15. Unless we otherwise agree in writing, we may, at our option, deliver the Products to you in any number of instalments.
5.16. For clarity, if we deliver any of the Products by instalments and any one of those instalments is defective for any reason:

5.16.1. it is not a repudiation of the Contract; and

5.16.2. the defective instalment is a severable breach that gives rise only to a claim for compensation.
5.17. The Customer will be advised, at least 24 hours before the Dispatch Date, of the four-hour window (during business hours) on the Dispatch Date in which the Products will be delivered.
5.18. The Customer acknowledges and agrees that unforeseeable circumstances (such as traffic congestion, weather events, delivery delays, and road closures) may impact HS Living’s ability to deliver by the Dispatch Date, and that in such cases delivery may need to be rescheduled.
5.19. The disposal of packing and wrapping materials are the responsibility of the Customer unless the Customer elects to have this removal included as part of their delivery service at the time of the Order.
5.20. Warehouse Collection

5.20.1. If you choose to collect Products from our warehouse, you must contact our Logistics Department at least 48 hours prior to your intended pick-up time to make an appointment. Contact details can be found on your Sales Order.

5.20.2. Collection of Products must be made by appointment only, and on the designated Dispatch Date as confirmed by HS Living.

5.20.3. In accordance with Workplace Health and Safety regulations, HS Living staff or agents are not permitted to lift, carry, or load furniture outside the warehouse premises. Please ensure you have adequate assistance to load and secure the items into your vehicle.

5.20.4. HS Living is not liable for any damage that may occur to the Products during loading, transit, or unloading once the Products have left our premises. It is your responsibility to inspect and secure the Products appropriately at the time of collection.

5.20.5. Customers collecting Products must complete the Warehouse Collection & Release Form (Form D3) on-site prior to collection. This document confirms acceptance of responsibility for the Products once released from HS Living's custody.

6. STORAGE
6.1. If you are not able to take delivery within the required 25 days per clause 5.6.3, then HS Living is able to offer additional storage period of up to 6 weeks in our warehouse (Additional Storage) subject to the following conditions:

6.1.1. You must request the Additional Storage option by notifying us no later than 48 hours after our Logistics Department has made first contact to arrange a Dispatch Date.

6.1.2. A fee quotation will be provided to you (based upon total volume off storage space occupied by your Order) so that you can decide whether to accept the Additional Storage option.

6.1.3. The fee quotation needs to be paid within 48 hours of being issued by HS Living.

6.1.4. The Additional Storage is available once only.

6.1.5. Failure to take delivery at the expiry of the Additional Storage will trigger clause 5.6.4 resulting in the forfeiture of your Deposit.

6.1.6. There are no refunds for the monies paid for Additional Storage regardless of whether the full storage period that has been paid for is utilised.

7. CANCELLATIONS
7.1. Orders may not be varied from the date of Order.
7.2. Cancellation of Order from the date of Order will forfeit all Deposit monies paid. In addition:

7.2.1. For stock items, a cancellation fee of 20% of the total order value will apply.

7.2.2. For Made to Order (MTO) items, a cancellation fee of 50% of the total order value will apply.
7.3. If you cancel your Order HS Living will rescind the contract for sale of the Products. With the rescinding of the Contract, you agree that:

7.3.1. You will have no further claim to the Products, and

7.3.2. HS Living may, at its sole discretion, agree to sell the Products to you at a later date for the full purchase price, with no discount for any previously forfeited Deposit.
7.4. HS Living may cancel an Order after it has been accepted where it is reasonably required to do so in response to a supply shortage, discontinuation of a product, or other unforeseen circumstances. In such cases any payments made will be refunded in full.

8. PRODUCT TERMS
8.1. Specification of Products on our Website are subject to change without notice.
8.2. Subject to the Australian Consumer Law all specifications (including any information, technical information, specification, drawings, descriptions, illustrations, dimensions, or recommendations) given by us are estimates only. We are under no liability for damages for failure of the Products to meet such specifications.
8.3. Your Product may exhibit different characteristics to the sample in the HS Living store:

8.3.1. Soft furniture may vary in appearance and characteristics such as creasing and the degree of softness;

8.3.2. Colour swatches and samples are an approximate guide only as leather and fabrics may vary in colour and texture between batches; and

8.3.3. Timber, marble, travertine and leather are all natural products and will exhibit different characteristics to what is displayed, which are the hallmarks of genuine natural materials.
8.4. Your Product will change with age, exposure to light and other elements as well as any cleaning or other chemicals. To the extent permitted by law, including under the ACL, HS Living does not accept any responsibility or liability for:

8.4.1. fading or discolouration, due to exposure to direct or indirect sunlight;

8.4.2. fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly;

8.4.3. mould, mould damage or mildew due to exposure to water, condensation, liquids or a humid environment; or

8.4.4. rust or corrosion for items left exposed to salty water for extended periods of time.
8.5. HS Living recommends that you follow all care instructions for your Products. Further information can be found at Product Care – HS Living.
8.6. Please choose carefully as HS Living will not provide you with a refund or exchange because you have changed your mind, or the Products did not meet your expectations. HS Living will not be responsible for ensuring that the Products are suitable for a particular purpose unless it is self-evident or accepted in writing by HS Living. Unless Products are faulty (and subject to applicable laws), we are unable to refund, exchange or credit your account. HS Living will not be liable to provide any refund, returns, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Products whilst they were in your possession or control.

9. TITLE & RISK
9.1. Title to the Products passes to you once you have paid in full for the Products, and all other amounts payable by the Customer to HS Living for the Order.
9.2. Risk of loss or damage to the Products passes to you on delivery or pickup.

10. HS LIVING WARRANTIES
10.1. HS Living warrants against defects and remedies under these warranties are in addition to other rights and remedies of the purchaser under the Australian Consumer Law. Should your product be defective, you may choose to make a claim under the Australian Consumer Law or the HS Living warranty.
10.2. HS Living offers a warranty to cover certain Products and components of those Products. The terms of our warranty are published separately here Product Care – HS Living.
10.3. To be entitled to claim under the HS Living warranty, the defect in the part or Product must appear within the relevant time period as per the separately published warranty terms.
10.4. To the maximum extent permitted by law, including under the ACL, HS Living is not liable, whether in contract, tort (including negligence), under any statute or otherwise, for or in respect of normal wear and/or the cost of transporting the Product to and/or from the specified place of repair or replacement.
10.5. Subject to any non-excludable rights that may apply to the Customer, the warranties provided by HS Living do not apply to:

10.5.1. fabrics and leathers fading and creasing as part of normal usage;

10.5.2. foam and fillings softening and forming the shape of the user over time;

10.5.3. scars, marks and differing pore density and colour that are characteristics of natural materials;

10.5.4. damage caused by spills such as acid, solvents, dyes or other corrosive materials, ink, paint, or bodily fluids;

10.5.5. damage caused by improper cleaning, negligence, treatment of the Product with chemicals, exposing the Product to the sun, heat, or bright light such as lamps, or otherwise caused by your acts and/or omissions; and

10.5.6. the failure of the Customer to take reasonable steps to prevent the Product from becoming of unacceptable quality and damage that occurs because of such abnormal use. This includes damage that occurs because of the failure of the Customer to care for the Product in the manner described in the Care Instructions Product Care – HS Living
10.6. Depending on the covering and the degree of use, the covering materials, cushion fillings and suspension may need to be replaced periodically at the Customer’s expense.
10.7. The warranty against defects is not transferable. It is limited to the original customer specified in the original Sales Order. The warranty against defects only applies to Products that are used for normal domestic purposes and excludes products used for commercial purposes.
10.8. Subject to any Non-Excludable Rights that may apply, if the Customer submits a valid Warranty claim HS Living at its option will:

10.8.1. Repair the Product

10.8.2. Replace the Product

10.8.3. Refund the cost of the Product

11. AUSTRALIAN CONSUMER LAW GUARANTEES
11.1. Under Australian Consumer Law you are entitled to a replacement, refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
11.2. The guarantees under the ACL are in addition to any Warranty against defects. Should your Product be defective, you may choose to make a claim under the ACL or the HS Living Warranty Against Defects.
11.3. For further information about the ACL and consumer guarantees, visit www.consumerlaw.gov.au.
11.4. Nothing in these Terms & Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which, by law, cannot be excluded, restricted or modified. However, to the maximum extent permitted by law, we disclaim all other conditions, warranties, guarantees and terms, whether express or implied, under statute or general law, in respect of the Products.

12. LIABILITY
12.1. To the extent permitted by law, including under the ACL, all other warranties whether implied or otherwise, not set out in these Terms are excluded and HS Living is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:

12.1.1. any increased costs or expenses;

12.1.2. any loss of profit, revenue, business, contracts or anticipated savings;

12.1.3. your use or misuse of the Products;

12.1.4. any act, omission or negligence by you, your agents or representatives;

12.1.5. any loss or expense resulting from a claim by a third party; or

12.1.6. any delays in delivery of the Products;

12.1.7. any special, indirect or consequential loss or damage of any nature whatsoever caused by HS Living’s failure to complete or delay in completing the Order to deliver the Products.
12.2. For any liability which cannot lawfully be excluded, but can be limited, our liability is limited to our choice of:

12.2.1. re-supplying or paying the cost of re-supplying services; and

12.2.2. repairing, replacing or paying the cost of repairing or replacing Products.

13. FORCE MAJEURE
13.1. If a Force Majeure Event occurs, HS Living may be prevented, hindered or delayed in or from performing its obligations. If this is the case, HS Living will not be liable for non-performance of its obligations (other than an obligation to refund your Deposit) to the extent that its performance is impacted by the Force Majeure Event.

(Note: Original Section 15 and 17 have been removed.)

14. GENERAL
14.1. Subject to these Terms and to the full extent permitted by law, the Contract constitutes the whole agreement between HS Living and you for the purchase of the Products. In the event of any conflict between these Terms and those which may be included in, or implied by, any document forming part of a purchaser enquiry, specification, Order or contract, then these Terms shall prevail.
14.2. If any part of these Terms is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms continue to be enforceable and valid.
14.3. To the maximum extent allowed by law, including under the ACL, the parties exclude all terms, conditions, and warranties other than those contained in this Contract.

15. DEFINITIONS
15.1. Australian Consumer Law or ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading Acts;
15.2. Balance means any remaining monies owed in relation to the Order;
15.3. Balance Payment Date means the date that any remaining monies owed in relation to the Order are due to be paid;
15.4. Clearance means Products sold at discount to the normal retail list price due to being defective, damaged, flawed or otherwise of substandard quality;
15.5. Commercial means non-retail sales of Products by our commercial division to commercial operators such as hotels;
15.6. Contract means the contract of purchase of Products between the Customer and HS Living which comprises these Terms and all Orders for Products placed by the Customer and accepted by HS Living;
15.7. Customer means the person, entity, firm or corporation that acquires Products from HS Living pursuant to these Terms and Conditions;
15.8. Deposit means a payment equalling 50% of the total Orders value;
15.9. Dispatch Date has the meaning given at clause 5.5;
15.10. Floor Stock means Products that have been or are displayed in our showrooms;
15.11. Force Majeure Event means any circumstance or event which is beyond the reasonable control of a party, including any act of God, riot, war, civil unrest, flood, epidemic or pandemic, earthquake, fire, lightning, storm, or similar event;
15.12. Full Payment means the price of the Products together with all other charges payable by you pursuant to these Terms and Conditions less any Deposit paid;
15.13. Lead Time at Order Date means the estimated date that the Products are due to arrive at our warehouse and become available for delivery;
15.14. Non-Excludable Rights means any right remedy, implied or express term or condition, warranty or statutory guarantee, the exclusion of which would contravene any statute or cause any part of these Terms to be void or unenforceable;
15.15. Not Required Before Date means a date elected by the Customer at the time of placing the Order that they do not want delivery of the Products to occur before;
15.16. Order means the Products and services that the Customer is ordering from HS Living as documented in the Sales Order;
15.17. Price means the price of the Products together with all other charges payable by you pursuant to these Terms and Conditions for the Order;
15.18. Products means the products (including furniture and any other items) and services (if any) that you buy from us;
15.19. Retail means the offer to and sale of Products via Showrooms or the Website, and specifically excludes Commercial and Wholesale offers;
15.20. Sale means Products sold at discount to the normal retail list price as part of an identified discount event or campaign;
15.21. Sales Order means the document setting out the Products and services that the Customer is ordering from HS Living;
15.22. Showroom means a physical store owned and operated by HS Living where Retail purchases of Products are offered to Customers;
15.23. Terms means these terms and conditions for Retail sales;
15.24. Website means the HS Living website available at this link - HS Living – as updated from time to time; and
15.25. Wholesale means non-Retail sales of Products by our wholesale sales division to retailers and distributors rather than end users.

16. CONTACT
For Further information please refer to our Contact Us – HS Living