Main Terms & Conditions
These terms and conditions apply to both retail and wholesale customers, unless otherwise specified.
By accessing, browsing and/or using the France at Home Website (franceathome.com.au), You agree to the following terms and conditions:
1. France at Home PTY LTD (ACN:635 859 059 / ABN:65 635 859 059) [“We”, “Our”] attempts to ensure that the content of the websites are accurate and current at the time they are published. Prices of goods and services, postage and handling fees, and other charges displayed on the Website are current at the time of display and are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and other product information. However, We are unable to warrant that product descriptions or other content of the Website is accurate, complete, reliable, current or error free.
2. It is a condition of the person/s accessing, browsing and/or using the Website, [“You”, “Your”] that You accept that We will not be liable under any circumstances for any action You take relying on the information on this Website or using any service which is accessible using this Website. You expressly agree that Your use of the Website is at Your own risk.
3. We assume no liability for the content of any other Websites that You may access or find a link to from Our Website.
4. We exclude all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any content or goods and services, available on or through using the Website. To the extent that We are prohibited at law from excluding our liability, We limit our liability to the extent permitted by law to resupplying the material, goods or the relevant service as the case may be.
5. Product descriptions and any other information provided on the Website is not professional advice and is for the purpose of general knowledge only.
6. All prices for customers are in Australian dollars.
7. We reserve the right to cancel any order, at which time, We will immediately notify this action by e-mail or phone, using the e-mail address or phone number/s provided. We will refund the money paid using the original method received. All orders are subject to availability of stock and we undertake to take reasonable steps to verify that the order and credit details are bona fide prior to processing of orders.
8. It is Your obligation to enter the correct delivery address details at the time of ordering. Should You enter the wrong address, We are not obliged to resend the order to the correct address at our expense.
9. If You receive an item that is faulty or damaged, please contact us via email within 24 hours of receiving your goods and provide a brief description of the issue and a photo for verification. In the event that it is faulty or damaged, We will refund the original product price via the original method of payment. Alternatively, You may request a replacement, which will be dispatched (subject to availability) once we receive and have examined the faulty or damaged item.
10. We charge a delivery rate depending on weight and size of the parcel being sent for regular postal delivery within mainland Australia, which is calculated automatically on checkout. Title of the product(s) supplied passes to you after we receive cleared payment for the order. We will make every effort to deliver on time. For more detailed delivery information, please see our Shipping and Payment Policy.
11. We may offer a Free Pick Up option from our warehouse in Somerton, Victoria and also from markets and festivals we attend. You will be contacted within 24 hours to confirm a pick up time and location, alternatively you can state the market in which you would like to pick up your order from in the ‘order notes’ when placing your order. Please note that market pickup is offered by France At Home as a free service and may not be available at all times.
12. eGift Vouchers once purchased will be emailed to the provided email address within 24 hours of the payments being relieved.
13.1 (Retail) eGift Vouchers are not required to be used in full or in a single transaction and any remaining funds will be available for future purchases.
13.2 (Wholesale) eGift Vouchers cannot be used towards Shipping Costs and must be used in full in a single transaction and any remaining funds will be forfeited.
14. eGift Vouchers are not permitted to be used to purchase another gift card.
15. France At Home is not liable or responsible for any loss suffered as a result of a eGift Voucher via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser. If the recipient does not receive the email eGift Voucher, please contact us immediately on (03) 8339 7438 or email us via our contact us page to send vouchers to an alternative email address.
16. All coupons / discounts can not be used in conjunction with any other offer, special offer or against an already discounted product.
17. All coupon codes are subject to specific terms and conditions and may be rejected if they are not met. For the terms and conditions of a certain coupons, reach us via email or our contact us page.
18. France At Home’s Refer a Friend program is only valid for new users being referred and is not valid or to be used in conjunction with any other offer/coupon code and excludes discounts on already discounted/special offers.
Referred friends must not live in the same residence / address as the Referrer. Failure to comply with these terms will result in a coupon code not being issued.
France At Home reserves the right to refuse a referral coupon code if we find evidence of fraudulent activity. Once a decision has been made, it is not reversible.
Discounts received by referring a friend or family must be used within 30 days and are not transferable. France At Home is not liable or responsible for any unused vouchers or discounts.
19. We reserve the right to vary these Terms and Conditions from time to time. Such variations will become effective immediately upon publishing the new terms and conditions on Website. By continuing to access or use the Websites, You will be deemed to accept all such variations.
20. By accepting these Terms and Conditions, you also agree to accept and understand all aspects of Our Privacy Policy, Shipping and Payment Policy and our Refund & Return Policy.
Affiliate Terms & Conditions
These Terms and Conditions (the “Affiliate Agreement”) govern the Affiliate Program that is made available by France At Home Pty Ltd. (“France At Home Pty Ltd “, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between France At Home Pty Ltd and the individual or entity who participates in the Affiliate Program (the “Affiliate”, or “you”).
Please read this agreement careful as it represents a legally binding agreement between you and France At Home Pty Ltd. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. France At Home Pty Ltd may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that France At Home Pty Ltd believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
Your participation in the Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to France At Home Pty Ltd by your own website, online or personal referrals.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
France At Home Pty Ltd and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on France At Home Pty Ltd behalf.
2. Affiliate Fees and Payouts
A referral will become eligible for payout (“Eligible Referral”) at the end of the next calendar month if it meets all of these criteria:
- The referral makes a purchase and that purchase has been completed
- The referral’s account remains active and in good standing.
- The referral’s account has not had any of its payments refunded, charged back or otherwise reversed.
- The referral has not used a coupon code / discounts advertised by France At Home Pty Ltd, Referrals for purchases made through France At Home Pty Ltd promotional or special offers are not eligible for payout
You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in charge backs or refunds will not be paid out.
Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts.
The Affiliate is entitled to receive a commission in Australian Dollars for each active Eligible Referral that is recorded in the Affiliate Dashboard (“Affiliate Fee”).
Payment will be made through PayPal against a valid invoice issued by the Affiliate using the invoice generation and submission tool located in the Affiliate Dashboard. The Affiliate is responsible for providing France At Home Pty Ltd with the full and accurate details that are required to remit the Affiliate Fees, and is solely responsible for any delays in payment resulting from its failure to do so.
Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months.
In the event of any activity deemed suspicious by France At Home Pty Ltd, France At Home Pty Ltd may delay the payment of Affiliate Fees by up to 2 calendar months to verify the relevant transactions. France At Home Pty Ltd reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.
3. Referral Tracking
France At Home Pty Ltd will provide the Affiliate with specific Referral Links to link advertisements and other marketing content. France At Home Pty Ltd will track users who have visited these Referral Links using cookies which expire after 30 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is able to modify or alter the Referral Links. France At Home Pty Ltd is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
4. Termination
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. France At Home Pty Ltd reserves the right to require license agreements from those who employ trademarks of France At Home Pty Ltd in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive.
- Self-referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, France At Home Pty Ltd reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
5. Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the France At Home Pty Ltd site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
6. Coupon and Deal Sites
France At Home Pty Ltd occasionally offers coupon to our newsletter and social media subscribers/followers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon.
7. Advertisements
France At Home Pty Ltd hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the France At Home Pty Ltd logos for the sole purpose of promoting our products within the context of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program.
The Affiliate may only display advertisements that contain France At Home Pty Ltd logos or products in good taste. The Affiliate may not use France At Home Pty Ltd logos or products in a manner that, in France At Home Pty Ltd sole discretion, portrays France At Home Pty Ltd in negative light.
The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
France At Home Pty Ltd may, without prior notice, require the Affiliate to remove or modify any advertisements in France At Home Pty Ltd sole discretion.
8. Liability
France At Home Pty Ltd will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
9. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
10. Termination
The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination.
France At Home Pty Ltd reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that France At Home Pty Ltd, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
11. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
12. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the France At Home Pty Ltd affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the France At Home Pty Ltd application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
13. Miscellaneous
The Affiliate warrants and represents that it is over the age of 18 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. France At Home Pty Ltd reserves the right to terminate the Affiliate’s participation in the Affiliate Program if France At Home Pty Ltd determines, in its sole discretion that the Affiliate’s actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of government.
