Privacy & Terms

INTRODUCTION

The site editor takes your right to privacy seriously, and wants you to feel comfortable using this web site. This privacy policy deals with personally-identifiable information (referred to as “data” below) that may be collected by this site. This policy does not apply to other entities that are not owned or controlled by the site editor, nor does it apply to persons that are not employees or agents of the site editor, or that are not under the site editor’s control. Please take time to read this site’s Terms of use.

1. COLLECTION OF DATA

Registration for an account on this site requires only a valid e-mail address and a user name that has not been chosen already. You are not required to provide any other information if you do not want to. Please be aware that the user name you choose, the e-mail address you provide and any other information you enter may render you personally identifiable, and may possibly be displayed on this web site intentionally (depending on choices you make during the registration process, or depending on the way in which the site is configured) or unintentionally (subsequent to a successful act of intrusion by a third party). As on many web sites, the site editor may also automatically receive general information that is contained in server log files, such as your IP address, and cookie information. Information about how advertising may be served on this site (if it is indeed the site editor’s policy to display advertising) is set forth below.

2. USE OF DATA

Data may be used to customize and improve your user experience on this site. Efforts will be made to prevent your data being made available to third parties unless (i) provided for otherwise in this Privacy Policy; (ii) your consent is obtained, such as when you choose to opt-in or opt-out for the sharing of data; (iii) a service provided on our site requires interaction with a third party, or is provided by a third party, such as an application service provider; (iv) pursuant to legal action or law enforcement; (v) it is found that your use of this site violates the site editor’s policy, terms of service, or other usage guidelines, or if it is deemed reasonably necessary by the site editor to protect the site editor’s legal rights and/or property; or (vi) this site is purchased by a third party, in which case that third party will be able to use the data in the same manner as set forth in this policy. In the event you choose to use links displayed on this web site to visit other web sites, you are advised to read the privacy policies published on those sites.

3. COOKIES

Like many web sites, this web site sets and uses cookies to enhance your user experience — to remember your personal settings, for instance.

4. MINORS

The site editor might not allow persons who are aged thirteen or younger to become members of this site. For more information, please contact the site administrator.

5. CHANGES TO THIS PRIVACY POLICY

Changes may be made to this policy from time to time. You will be notified of substantial changes to this policy either by through the posting of a prominent announcement on the site, and/or by a mail message sent to the e-mail address you have provided, which is stored within your user settings.

6. NO GUARANTEES

While this privacy policy states standards for maintenance of data, and while efforts will be made to meet the said standards, the site editor is not in a position to guarantee compliance with these standards. There may be factors beyond the site editor’s control that may result in disclosure of data. Consquently, the site editor offers no warranties or representations as regards maintenance or non-disclosure of data.

7. CONTACT INFORMATION

If you have any questions about this policy or about this web site, please feel free to contact us.

8. REFUND POLICY

LIVING EMPORIUM ONLINE REFUND POLICY

When you shop at the Living Emporium website, we aim to please and hope you are delighted with your purchase every time.

Please choose carefully. Exchanges or refunds can only be given where goods are faulty, damaged, wrongly described, different from a sample shown to you, or don’t do what they are supposed to do.

RETURNING OR EXCHANGING AN ITEM

If you receive an item that is faulty, damaged, wrongly described, different from a sample shown to you, or the product does not do what it is supposed to do, you may return the goods back to Living Emporium Distribution Centre, 37 Ewing Street, Bentley, WA, 6102. Please include your contact details, including the order number, name, email address and phone number, with your goods. Please also include a receipt for the postage paid to enable a refund of these costs.

Please note that the goods must be accompanied by the official receipt/tax invoice you received at checkout. If you do not have a copy of the receipt the goods may be returned for an exchange or Gift Card only.

Warranty – if the item you have purchased is covered by a manufacturer’s warranty Living Emporium will facilitate service under the terms of the warranty. Please allow extra time for this service as a third party will be involved.

You may wish to speak to a Customer Service Representative about your return. Please contact our head office on:  08 6253 5804.

Many of the Products carried on the Living Emporium may be different to the products carried in our bricks and mortar stores.  For this reason, our bricks and mortar stores may not accept returns for items brought on our website. Contact our head office first to discuss your situation.

STORES REFUND POLICY

Please choose carefully. Exchanges or refunds can be given where goods are faulty, wrongly described, different from a sample shown to you, or don’t do what they are supposed to do.

Thingz Refund Policy complies with the Ministry of Fair Trading standards.

Proof of purchase must be provided. Proof of ID must be provided.

9. TERMS & CONDITIONS

This Web Site is licensed by Quebec Nominees Pty Ltd (incorporated in WA) Trading as Living Emporium (ABN 50 008 817 650)

Use of this Web Site is subject to the Terms of Use.

Living Emporium is not liable to you or any other for any loss in connection with the use of this Web Site or a Linked Web Site. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. Please read the full Terms of Use.

Please note: Living Emporium reserves the right to amend the Terms of Use at any time. However, since you are bound by these Terms of Use, you should periodically refer to them.

DISCLAIMER OF LIABILITY

General Disclaimer

We are not liable to you or anyone else for any Loss in connection with use of this Web Site or a Linked Web Site.

This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.

Specific Warnings and Disclaimers

The Trade Practices Act and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of goods or services on the Web Site, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Web Site or a Linked Web Site. You must take your own precautions to ensure that whatever you select for your use from this Web Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the Web Site will be uninterrupted or error free or that any defects will be corrected.

We may, from time to time, change or add to this Web Site (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this Web Site updated. We are not liable to you or anyone else if errors occur in the information on this Web Site or if that information is not up-to-date.

Under no circumstances (including but not limited to any act or omission on the part of Thnigz Gifts) will Living Emporium be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Web Site.

To the fullest extent permitted by law, Living Emporium liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Living Emporium to the following:

  1. In the case of services supplied or offered by Living Emporium, (a) the supply of the services again, or (b) the cost of having services supplied again; and
  2.  In the case of goods supplied or offered by Living Emporium, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of the replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the “General” section.

The Terms of Use are effective until terminated by Living Emporium and Living Emporium may terminate this agreement and your access to the Web Site at any time without notice. In the event of termination you are no longer authorised to access the Web Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

COOKIES

Living Emporium uses two types of cookies on this website. These are session cookies and permanent cookies.

Session Cookies

Session cookies are only used to let our site know that you are the same person wherever you go on our site during a session. For example, if you put a product in your shopping bag and go to check out, we need to know that it is you on the check out page and you have ordered that product.

Upon closing your browser the session cookie set by this web site is destroyed and no personal information is maintained which might identify you should you visit our web site at a later date.

Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser.

Permanent Cookies

To enable Living Emporium to recognise each time your browser visits the Living Emporium website it downloads a cookie onto your hard drive.

Through the use of the cookie Living Emporium  is able to:

(a) recognise your browser each time it visits our site; and
(b) track which pages you visit whilst at our site.

Living Emporium may use this information to build up a consumer profile about you, which may allow it to tailor offers or marketing material which may be of interest to you.

As with all of your personal information Living Emporium  will not provide this to third parties without your consent, except where:

(a)   such disclosure is permitted under the Privacy Act 1988;
(b)   Living Emporium is required by law to disclose information to third parties; or
(c)   Living Emporium has outsourced some internal functions to third parties, for example data warehousing companies, mail houses or contractors that carry out administrative functions on their behalf.

Other Ways We Track Site Activity

Another way we track site activity is by using transparent electronic images called “clear GIFs,” “Web bugs,” or “Web beacons” on thingzgifts.com.au Web pages. These images count the number of users who visit that page from specific banner ads outside thingzgifts.com.au or through e-mail links. A similar image, sometimes called a “Spotlight Tag,” is used on thingzgifts.com.au Web pages where transactions take place. The Tag collects numeric information, such as the dollar amount of an online purchase, to help us understand usage of the site. We do not use any of these electronic images to collect personally identifiable information.

COPYRIGHT

This Web Site is our copyright property.

You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form or by any means:

  • Adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Web Site; or
  • Commercialise any information, products or services obtained from any part of this Web Site without our written permission.

TRADE MARKS

These trade marks and other Living Emporium products and services referred to in this Web Site are trade marks of Living Emporium.

Other product and company names mentioned in this Web Site may be the trade marks of other people or entities.

Nothing contained in the Web Site should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Web Site without the express written permission of Living Emporium or third party owner.

LINKED WEB SITES

This Web Site may contain links to Linked Web Sites. Those links are provided for convenience only and may not remain current or be maintained.

Links to those web sites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.

Unless otherwise stated the Linked Web Sites are not under the control of Living Emporium and Living Emporium is not responsible for the contents of any Linked Web Site. You link to any such web site at your own risk.

GENERAL

In this Web Site:

“Living Emporium” means Quebec Nominees (incorporated in WA) trading as Living Emporium ABN 50 008 817 650 and its subsidiaries unless otherwise specified.

“Linked Web Sites” means web sites of persons or entities other than Living Emporium which are hyperlinked from this Web Site.

“Personal Information” means any information from which your identity is apparent or can be reasonably be ascertained.

“Web Site” means the whole or any part of the web pages located at www.thingzgifts.com.au (including the lay-out of this Web Site, individual elements of the Web Site design, underlying code elements of this Web Site, or text, sounds, graphics, animated elements or any other content of this Web Site.)

“We” and “us” refer to Living Emporium and its group associates , and “our” has the same meaning.

These Terms of Use are governed by the laws in force in Western Australia, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia and any courts which may hear appeals from those courts.

Nothing contained in these Terms of Use derogates from Living Emporium right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by Living Emporium with respect to that use.

Facebook/Instagram Giveaways – Terms and Conditions

Where Facebook or Instagram giveaways occur whether it be in voucher form or products on our Living Emporium Facebook or Instagram Pages, winners of these giveaways will be selected at random using an auto generated selection program.

Some giveaways may require you to sign up as a member. As part of signing up you will receive promotional emails as part of our database.

Where the giveaway is a physical product, the winner will need to be able to collect the prize from one of our Living Emporium stores as we cannot do delivery or shipping. Products cannot be exchanged for cash or store credit.

Living Emporium vouchers are to be used in any Living Emporium store and cannot be redeemed for cash or replaced if lost or stolen.

Gift vouchers cannot be returned or exchanged (whether in whole or in part) for cash. The value stated on the voucher is expressed inclusive of GST.

Any purchases which exceed the value of the gift voucher will require the holder to pay the difference in price using another form of tender. No change will be given and any remaining balance will remain on the gift voucher to be used in whole or in part against future purchases.

Entrants must reside in Western Australia to be eligible as a winner for the competition.

Employees and their immediate families of the Promoter and its related companies are ineligible to enter.

By entering, the entrant agrees that if they win, they may be included in a post announcing the winner of the competition.

Winners have 5 days from date of first contact to claim their voucher; otherwise their winnings will be forfeited.

20% OFF FURNITURE DISCLAIMER

Unless otherwise specified, product prices already reflect discounts.

All offers are limited to stock on hand; no rain checks are available.

Not valid on prior purchases, lay-by or free sofa shipping.

Offer may not be combined with any other sale, promotion, discount, code, coupon and/or offer.

Returns of any portion of the purchase will require equal forfeiture of offer or amount equal to offer.

Living Emporium has the right to end or modify any promotion at any time. Other restrictions may apply. Offers only apply from Saturday 22nd of September for 14 days.

Trolley Dash Competition Midland – Terms and Conditions

The Prize

The winner will participate in a 2-minute Trolley Dash at the Living Emporium Midland store in Midland on Thursday 23rd July 2021.

The winner will have 2 minutes to put as many Living Emporium items as they can in a trolley. The trolley will be provided on the day by the store manager. The trolley dash will start at the back of the store.

Terms and Conditions

  • Only the official announced winner can partake in the Trolley Dash competition. This winner will be contacted prior to the event to discuss details, terms and conditions, times and dates.
  • Entrants must reside in Western Australia
  • No assistance from any other persons is allowed at any time other than authorised staff members
  • The winner must follow all directions including safety instructions from Living Emporium staff
  • The winner must be able to complete the Trolley Dash at 8:45am at the Living Emporium Midland store on the 23rd of July 2021. If unable to attend, the winner may nominate an alternate person to complete the trolley dash at the above time and date with authorisation from management at least 3 days prior to the competition date.
  • Only one trolley may be used throughout the duration of the 2-minute trolley dash.
  • The winner can only select one type of each product type during the trolley dash.
  • Living Emporium staff will assist the winner with placing selected items into the trolley during the trolley dash. Only items inside the trolley are eligible as winnings.

Prize Selection Method

Living Emporium will randomly select (in its absolute discretion) one of the entrants and their friend in the tagged Instagram Competition Post Comments

Initial Prize Selection

The winner will be randomly selected and will take place at the Promoter’s office (address below) once an official date has been announced and competition has commenced.

Unclaimed Prize Selection

If the announced winner is not at Living Emporium Midland by 8.30am (AEST) on the 23rd of July 2021. The Promoters have the discretion to deem the winner has forfeited their opportunity to win the prize.

The Promoter

Living Emporium Pty Ltd (ABN 50 008 817 650) 37 Ewing Street, Bentley WA 6102

  1. The above table forms part of these T&Cs and contains details concerning when, who and how to enter; the time, place & method of prize selection; prize details; and who the promoter is and any permit details. Products required to be purchased for entry (if any) will not always be available at every store or via the shop at home service or online store and any rainchecks, lay by purchases or payments will not be counted for entry purposes.
  2. The Promoter, its associated agencies and companies, and employees of the Promoter and its associated agencies and companies and the immediate families of such employees are ineligible to win the prize.
  3. All prize selection/s are final and no correspondence will be entered into.
  4. The winner/s will be notified where possible by mobile and email on the day of the relevant prize selection, as far as practicable within two business days and no more than five business days after the date of the prize selection.  The name of the winners will be published on the Promoter’s Facebook page and Instagram page.
  5. The winner/s consents to their name, town/suburb of residence and a photo being published by the Promoter including, but not limited to, being published on the Promoter’s Internet site, social media pages, in their stores and in marketing material as a condition of acceptance of the prize. Further information will be published only with the permission of the winner.
  6. The prize/s cannot be exchanged for any other prize, and except in the case of cash prizes, cannot be exchanged for cash. Prizes comprising gift cards/vouchers are subject to any terms and conditions related to those gift cards/vouchers and might have an expiry date or redemption conditions.
  7. If for any reason this competition is not capable of running as planned, subject to the approval of those authorities which have issued permits for the conduct of this competition, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the competition, including to disqualify any individual who tampers with the entry process.
  8. The Promoter assumes no responsibility for any error, omission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries. The Promoter is not responsible for any problems or technical malfunction of any equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person’s computer related to or resulting from participation or downloading any materials in this competition.
  9. The Promoter will take all necessary steps to ensure that entries are properly recorded and stored, but will accept no liability if an entry is not recorded or is lost.
  10. The Promoter will not be liable for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or personal injury suffered or sustained arising from or in connection with the competition, any omission to enter a person into the competition, acceptance of the prize or the prize itself, except for liability which cannot be excluded by law.
  11. The promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. Entrants are providing information to the Promoter and not to Facebook or Instagram. Entrants completely release Facebook and Instagram.

The Promoter collects and uses personal information in accordance with its privacy policy which is available at https://www.livingemporium.com.au/privacy-terms/.