1.1 Prosperous Home Pty Ltd trading as Prosperous Home own the Website www.ProsperousHome.com.au. The Website allows You, the Purchaser to purchase retail goods from Prosperous Home Pty Ltd and have them delivered to You.
1.2 By engaging with Prosperous Home Pty Ltd, via the Website, telephone or in person and purchasing products from Us, You are agreeing to be bound by these terms and conditions, and You will be deemed as having read, understood and wholly agreed to these terms and conditions, and wholly agree to be legally bound by them.
1.3 The Website, in its desktop and mobile telephone formats is made available for Your access to browse, research and purchase goods from Prosperous Home Pty Ltd in accordance with these terms and conditions.
1.4 By purchasing products or services from Us You the Purchaser agree that the transaction shall be governed by these terms and conditions.
1.5 The purchase of products from Prosperous Home Pty Ltd is subject to Australian Consumer Law and these terms and conditions shall be read in conjunction with Australian Consumer Law and shall apply to the fullest extent permissible by Law.
1.6 Prosperous Home Pty Ltd do not exclude liability from Australian Consumer Law or any other Australian law which is prohibited from being excluded.
1.7 If You do not choose to accept these terms and conditions, You must not use the Prosperous Home Website, or purchase goods or services from Us in any other way.
1.8 These terms and conditions, and any referenced documents herein are the only contractual terms binding Prosperous Home unless otherwise agreed to in writing by a Prosperous Home company director in their capacity as a Company Director, or which are imposed by Law and cannot be excluded.
2.1 The following list of terms is used in the Terms and Conditions including an explanation of how they are defined.
“Business Day” means Monday to Friday excluding Western Australian Public Holidays.
“Business Hours” means 9:00am to 4:30pm Australian Western Standard time on Business days.
“GST” means Goods and Services Tax, as defined by Australian Law.
“Products” means any goods, services, images or ideas marketed for sale by Prosperous Home Pty Ltd via the Website or other means, including but not limited to product render images and three dimensional Revit models.
“Purchaser” means the entity or individual purchasing the goods or services subject to these terms and conditions. The Purchaser may be used interchangeably with “the customer” or “the consumer” or “You” or “Your”.
“Services” means any transaction made with Prosperous Home in which no physical goods are transferred from the seller to the buyer where the buyer receives an intangible benefit. Services may or may not include compensation from the customer to Prosperous Home in exchange for the service.
“We” Means Prosperous Home Pty Ltd and any subsidiaries, affiliates, employees, officers, agents or assigns. “We” may be used interchangeably with “Us”, “The Company”, “ProsperousHome.com.au” and “Prosperous Home”
“the Website” means the Website www.ProsperousHome.com.au, and all of its Website extensions including content, images, text and other information contained therein.
3.1 Prosperous Home regularly updates the information contained on the Website and makes every effort to provide accurate and up to date information for our customers, however product details and pricing can change at short notice.
3.2 By using this Website You acknowledge that the offers made on the site are subject to change without notice.
3.3 You agree that Prosperous Home cannot be held responsible for any inaccuracies or errors caused by incorrect information provided to Prosperous Home by suppliers changing product specifications without notice.
3.4 Where a price on the Website is found to be incorrect Prosperous Home will not be bound to selling the subject goods for that price.
3.5 We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and You should satisfy Yourself as to their accuracy.
3.6 The Website may include technical errors. We will not be held liable for any result of any technical error contained in the Website.
4.1 Prosperous Home reserves the right to refuse or terminate service to anyone at any time without notice or reason.
4.2 The Prosperous Home Website is made available for Your use on Your acceptance and compliance with these terms and conditions.
4.3 By using this Website, or any component thereof, You are agreeing to these terms and conditions.
4.4 If You do not agree to these terms and conditions You may not and must not use the Website.
4.5 Access to this Website is permitted on a temporary basis. We reserve the right to withdraw or amend the site, or restrict access to the site without notice.
4.6 By using the Website You agree to do so in accordance with all applicable local, state, national and international laws, rules and regulations, You agree not to breach any laws or the legal rights of any person.
4.7 By using the Website You agree to use it lawfully, You agree not to use it for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent, obscene or in any other way inappropriate.
4.8 By using the site You agree not to act nefariously towards the site. You agree not to interfere with the site, or the servers or networks that host the site, use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or interfere with security-related or other features of the Site, or circumvent site security measures or protections.
4.9 If You contribute to any aspect of the site via forums or public comments, You agree not to make comments which are fraudulent, obscene, defamatory, abusive or inappropriate. 4.10 We reserve the right to remove any comments made by the public on the site without notice.
5.1 In using the Website, its products or services, to the extent possible by law, You agree to indemnify Prosperous Home and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to Your use of the site, including but not limited to any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by You or any third parties through You.
5.2 You agree to indemnify, defend and hold harmless Prosperous Home Pty Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from Your use of this Website or Your breach of the Terms of Service.
6.1 This Website is the property of Prosperous Home Pty Ltd.
6.2 Users of the Website are prohibited from using any content related to the website for any purpose except for informational purposes while shopping for products on the Website or describing how to purchase products from the Website.
6.3 All copyright and intellectual property, except where owned by our suppliers or sub consultants is the exclusive property of Us.
6.4 We retain exclusive rights to all copyright and intellectual property displayed on, or associated with the Website, including but not limited to; patents, copyrights, designs, trademarks, trade secrets, the Website, Website design and layout, documents and uploaded files, three dimensional models, all images, logos, software, blog article, forum posts and text,
6.5 You are prohibited from using any information from the Website except as outlined in clause 2. This includes but is not limited to; copying or reproducing content, publishing content, using content, modifying content, selling or distributing content, or using content for commercial purposes except as outlined in Clause 2.
6.6 To enter into an agreement with Us for use of one or more of our images or other intellectual property please send a request specifying the specific images and other details to: email@example.com.
By using the site You agree to these Terms and Conditions of Intellectual Property and Copyright.
7.1 The trademarks and logos contained on this Website belong to Prosperous Home Pty Ltd or its suppliers. Use of these trademarks is strictly prohibited except with Prosperous Home’s express, written consent.
8.1 www.ProsperousHome.com.au contains links to other company’s and individuals Websites which are not operated by Us. We have no ownership or control of linked sites unless specifically noted, and accept no responsibility or liability for content on linked sites.
8.2 Where You access another site via a link provided by Prosperous Home that link’s content is governed by the site owner’s Terms and Conditions.
8.3 You may only link to the Website for the purpose of information sharing and only with Our express permission.
9.1 We are retail merchants, not engineers, tradespeople or other suitably qualified people. Any information we provide is for information purposes only, and where relied upon, should be cross referenced with a suitably qualified professional.
9.2 To the extent possible by law, We are not liable to You for any loss or damage incurred by You.
9.3 All of our Services are provided without a warranty with the exception of any warranties provided by law or otherwise noted. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.
9.4 To the extent that our liability is not otherwise excluded by these terms and conditions, subject to any non-excludable guarantees, our liability to You is limited to the purchase price of the subject goods you have purchased from Us.
9.5 By using our website, and associated merchant services you do so at your sole risk. We are not liable under any circumstance for indirect or consequential loss or damages from use of the Website or purchase of goods from us including but not limited to loss of revenue, data or profit.
10.2 We do not hold or store your payment information. All payment information is managed by a third party merchant services provider in accordance with Section 15 of this document.
12.1 These terms and conditions are governed by and construed in accordance with the laws of Western Australia. Any disputes concerning this Website are to be resolved by the courts having jurisdiction in Western Australia.
12.2 We retain the right to bring proceedings against You for breach of these Terms and Conditions, in Your country of residence or any other appropriate country or jurisdiction.
12.3 No Clauses in these Terms and Conditions limit our liability to the extent that it cannot be limited by Australian Law.
13.1 As a retail business Prosperous Home Pty Ltd offers products for sale via our Website.
13.2 Orders and quotations are not binding until they have been accepted by the company in writing. The company reserves the right to accept or reject any orders it receives.
13.3 You will be notified by Us of acceptance of an order in writing in the form of an email which expressly states that we have accepted the order. Once payment has been made by You for the product and its delivery a contract is formed between You the Purchaser and Prosperous Home the seller for supply of the goods ordered.
13.4 Prosperous Home reserves the right to cancel an order at any time and provide a refund of moneys paid by the Purchaser. Where You have paid for an order and we reject or cancel it for any reason, we will promptly refund the amount You paid to You in full.
13.5 If Prosperous Home does not accept Your order, You will be notified at our earliest possible convenience and You will not be charged for the order.
13.6 Where a customer orders a product which is out of stock we will;
13.6.1 Contact the customer at our earliest convenience and explain the issue,
13.6.2 Provide an estimated time of arrival,
13.6.3 Give the option of waiting for the product or cancelling Your order for a full refund.
13.7 Where a customer elects to wait for a product which is out of stock, the customer is placed on a wait list, and contacted when the product becomes available. They are then given the opportunity to confirm or cancel their order.
13.8 On accepting an order, or providing a quotation, the customer will be issued a unique order or quotation number. You will be required to cite the unique identification number to discuss Your order with Prosperous Home.
13.9 Payment is required in full prior to shipping, including payment of the purchase price of goods, the GST, and delivery costs associated with the order.
13.10 Where a Purchasers order has terms on it which differ from these terms and conditions, their terms are expressly excluded, including any statements that the Purchaser’s terms will prevail or take precedence.
13.11 Quotations provided by Prosperous Home are an invitation to treat only and not an obligation to sell.
13.12 Quotations provided by Prosperous Home are valid for 30 days unless otherwise stated. The company reserves the right nullify any quotations offered at any time without notice.
14.1 Orders can be made using the Website online 24 hours a day. Products are then delivered to You by post or courier. Methods of placing orders are;
Online Order – Purchasers can make Online Orders on the Prosperous Home Website. The Website offers a variety of payment options and the ability to efficiently order products.
Phone Order – Our office and telephone operates during business hours Australian Western Standard Time Monday to Friday.
Email Order – Customers can order products via email at firstname.lastname@example.org.
Call back Request – You can request a call back via online message or telephone message to process an order. We will then call You back during business hours to process Your order.
Lighting Design Service – Send in photos of Your spaces and any other parameters and we will send You back lighting design suggestions and quotations.
In Person Order – Prosperous Home has a small home office in Perth WA. Customers can come to the office to place orders via appointment as required.
On Site – For large Perth based projects, Prosperous Home can offer on-site support with product orders.
By Tender – Prosperous Home staff have a broad range of building design, tendering and scheduling experience and can participate as a tender partner to supply lighting for residential and commercial projects in Australia.
15.1 The price for products listed on www.ProsperousHome.com.au includes the purchase price plus GST listed in Australian dollars.
15.2 The delivery price for products is listed on orders and quotations as a separate line item. Wherever possible delivery prices will be listed at time of sale. Where a delivery price is not noted as part of a purchase a customer service representative will contact You to arrange a delivery method and price.
15.3 Prices are subject to change from time to time. Prosperous Home reserves the right to change the price of goods sold without notice.
15.4 Prosperous Home reserves the right not to honour a product purchase price if the price is noted incorrectly on our Website, and sale of the item at that price would result in a financial loss to Prosperous Home.
15.5 Payment must be made for any order in full prior to the dispatch of goods.
15.6 Prosperous Home accepts most forms of payment and can be flexible with payment methods in business hours given sufficient lead times. Standard payment methods are; EFT via the Website, via phone call, via EFT transfer, and check or money order by mail. We accept most Australian credit and debit cards including American Express, Visa, Mastercard, Eftpos, Apple Pay, and Google Pay.
15.7 Prosperous Home reserves the right to reject a proposed payment method entirely at our discretion.
15.8 We use third party payment gateways to process payments made to Us. Gateways are provided by Square to Bankwest. In making a payment to Us You acknowledge that Your payment is being made via a third party gateway and that You understand the terms, conditions and risks associated with using that payment gateway. A link to Square is provided here.
15.9 Products are dispatched after payment for the product is received.
16.1 A minimum one year warranty applies to all products sold on Prosperous Home’s Website.
16.2 All goods sold by the site are new, in their original packaging, and come with a manufacturer warranty and or Prosperous Home’s minimum one year warranty unless otherwise stated. Some goods have longer warranties.
16.3 Our warranties apply in tandem with manufacturer or wholesaler warranties and cover repair or replacement of faulty components or complete fittings without charge when returned to the place of purchase or dispatch – We will advise the return address based on the product type.
16.4 Your rights to warranties are protected under Australian Consumer Law. Nothing in these terms and conditions excludes any guarantees, warranties, or representations of conditions implied or imposed by law which by law may not be excluded.
16.5 Where products or components of products have longer warranties than Prosperous Home’s standard one year warranty, the longer warranty will be noted in the product’s description.
16.6 Warranties apply to all goods sold by us, provided that they are used for the purpose for which they are advertised in the manner in which the manufacturer intended. Warranties cover defects of finish, electrical components, mechanical components and other aspects of products as specified by the manufacturer or wholesaler.
16.7 Warranties are only valid upon proof of installation by a licensed contractor where required by law, and where the product has not been misused or used in an inappropriate situation that it was not designed for.
16.8 Warranty claims must be accompanied by proof of purchase from Us to be honoured.
16.9 Warranties do not cover installation charges, reinstallation charges, or costs of postage or delivery unless agreed to prior in writing by Prosperous Home or the Wholesaler/manufacturer.
16.10 We make every effort to represent products as accurately as possible on our Website, however the images depicted on the Website, unless otherwise stated for bespoke items, are not the exact item You are purchasing, and the exact item is likely to vary slightly from the picture. There are also a number of external factors that affect the way a product may appear in a picture compared with its actual physical appearance. In purchasing products via the Website You hereby acknowledge that product pictures are indicative only and the actual products may be slightly different.
16.11 To the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms and Conditions, or referenced by these Terms and Conditions are excluded.
16.12 To the extent permitted by law, we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from Us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
16.13 To the extent permitted by law, our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by You for the purchase of products and services under these Conditions of Sale.
16.14 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.
16.15 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by Us will be subject to correction without any liability on our part.
17.1 Prosperous Home utilises a variety of shipping methods to distribute Your shopping to You.
17.2 We aim to have Your order delivered to You within ten days of purchase. Where You need a product faster, we will try to work with You. You are welcome to call or email Us to arrange faster delivery if needed.
17.3 Conversely, if a product is out of stock, it may take longer to order and receive, particularly with the limited interstate travel occurring in 2020. Where a product is out of stock, and will take longer than ten working days to deliver, Prosperous Home will contact You to confirm Your order.
17.4 Our preferred shipping methods are listed below.
Products 0<5 Kilos – Australia Post registered mail.
Products 5 Kilos+ to a PO Box – Australia Post, Startrack or Air Express.
Other Products 5 Kilos+ – Australia Post, Sendle, temando, Officeworks mailman or smartsend.
17.5 Prosperous Home reserves the right to use alternative shipping methods or courier companies from time to time as necessary.
17.6 Prosperous home makes every effort to provide a freight price for products at time of order. Where a freight price is not instantly available we will contact You via telephone or email follow up with a freight price.
17.7 Occasionally we receive surprise latent shipping costs, usually when delivering bulky items to remote areas. Where a shipping cost to Us is viewed as excessive enough to generate a perceived loss from making a sale, we reserve the right to cancel the order and issue a full refund or offer You the option of paying the extra shipping costs.
17.8 Delivery generally will be to the delivery address nominated by You between 9am – 5pm Monday to Friday. We can deliver to PO Boxes (Depending on the quantity, size and place of delivery).
17.9 A signature may be required on receipt of Your parcel. For this reason, a work address is preferred to ensure You receive Your order in a timely fashion. If no one is at home to receive Your parcel, a card may be left advising that it can be collected from the nearest post office or depot.
18.1 Prosperous Home Pty Ltd appreciates that Your security and privacy concerns are important. We adopt a variety of best practise security protocols to ensure that Your shopping experience with our site is safe and secure.
18.2 To check that You are shopping on the Prosperous Home secure Website please ensure that the Website address begins with the prefix https:// on the URL. If this is present it indicates that the connection is secure and encrypted. The URL is visible in the address bar at the top of Your browser.
18.3 Most modern browsers (including Internet Explorer, Firefox and Chrome) display a small padlock or key in a lower corner of Your screen. When this is closed or highlighted, the page is secure.
18.4 Once sent to Us Your credit card number is processed online using Woocommerce and square reader payment gateways into a Bankwest business account.
18.5 If You are not comfortable sending Your credit card details via the internet, You can make Your order with a credit card over the phone during business hours which are Monday to Friday 9:00am to 4:30pm Australian Western Standard Time.
18.6 For more information about our security practices please contact Us.
19.1 These terms and conditions represent the whole agreement between You and Prosperous Home Pty Ltd. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
20.1 If You would like to make a change to an order You have placed with Prosperous Home, after You have paid for the item, please contact Us at Your earliest opportunity.
20.2 We will generally accept changes to orders where a product has not already been dispatched.
20.3 Prosperous Home reserves the right to accept or reject changes to an order. After a contract has been formed with Us, signalled by payment for goods, we are not obliged to accept any request to change an order.
20.4 Where we accept changes to an order we will contact You to agree any change of price, delivery dates and other details.
21.1 Prosperous Home permits all returns of goods required under Australian Consumer Law.
21.2 Products that have been installed, or do not have their original packaging cannot be returned to us for exchange or refund.
21.3 Instances where a product can be returned include:
21.3.1 Where Prosperous Home fails to deliver products to You by the expected delivery date or a further agreed date and become superfluous to their originally intended use they may be returned for a full refund.
21.3.2 Where Prosperous home delivers goods to You which are defective or faulty, excluding breakages and missing components, on delivery, or within the twelve month warranty period, they may be returned for a full refund.
21.3.3 Where goods delivered to You are not the goods You purchased, they may be returned for a full refund.
21.3.4 Where goods delivered do not match earlier sample goods supplied by Prosperous Home, they may be returned for a full refund.
21.3.5 Where goods purchased are not fit for the purpose to which they were advertised on our Website they may be returned for a full refund.
21.4 In these circumstances the product must be returned in new condition in its original packaging with proof of purchase from Prosperous Home. The product must be returned to Prosperous Home or its supplier depending on the issue. You must establish the correct return address with Prosperous Home prior to dispatch by You.
21.5 Once the product has been returned and we are satisfied that the product has been returned in new condition in its original packaging, under circumstances which warrant a refund or replacement, we will make a refund of the purchase price or issue a replacement product as required. Refunds will be returned to the account noted on the original purchase receipt.
21.6 In the circumstances listed above where first agreed to expressly in writing, Prosperous Home will also cover reasonable expenses incurred obtaining a refund or replacement including Your costs of returning the originally supplied goods to Us. Note that we have to approve the method of transport and transport costs prior to You returning the goods.
21.7 Where we do not agree to Your proposed method of return we reserve the right to collect the return goods from You utilising a method of transport of our choosing.
21.8 Returns are accepted due to change of mind within 28 days of the purchase date.
21.9 For a product to be eligible for return, it must be returned in new unused condition in its original packaging accompanied by proof of purchase in the form of the original purchase receipt.
21.10 Items without a receipt will not be refunded.
21.11 Where a return is requested due to change of mind You will incur a 15% non-refundable restocking fee for the items subject to the refund. (Restocking fees allow retailers to recoup the cost of the time taken to sell an item to You and then process its return. As a retailer we are also required to pay on a 15% restocking fee to our suppliers to compensate them to restock the item. This cost is paid from the restocking fee)
21.12 Where a return is requested due to change of mind You are responsible for delivering the item back to our office or its origination point from the Australian supply company. We will confirm the return address to You for a specific product on request of refund due to change of mind.
21.13 When You deliver the product back to Prosperous Home or our supplier for change of mind refund, the product will be checked to ensure it is in new condition in its original packaging. Where Prosperous Home’s representative accepts the return, a refund minus restocking fee will be promptly returned to the account used for the original purchase.
21.14 Prosperous Home reserve the right to make or reject product refunds at our discretion in circumstances where You wish to return an item due to change of mind which was purchased on sale, or clearance, or made to order, or of a bespoke design.
22.1 Prosperous Home permits all exchanges of goods required under Australian Consumer Law.
22.2 For a product to be eligible for exchange, it must be returned in new condition in its original packaging accompanied by proof of purchase in the form of the original purchase receipt.
22.3 If You change Your mind about an item purchased, and wish to exchange the item, You are required to notify Prosperous Home of Your intent to exchange within two months of the purchase date.
22.4 Exchange items must be returned to their place of origin or the Prosperous Home office depending on the specific product. Prosperous Home will notify You of the return address on receipt of Your notification of intent to return the item. To exchange an item due to change of mind You are responsible for delivering the item to Prosperous Home or its supplier at Your cost. A 15% non-refundable restocking fee applies to any exchanges due to change of mind.
22.5 Exchange items can only be swapped for items of equal or greater value.
22.6 On receipt of an item for exchange, Prosperous Home or our supplier will inspect the item to ensure that it has not been installed, has been returned in its original packaging and is in new condition. Where we are satisfied that an item has been returned in new condition we will accept the exchange.
22.7 Where You intend to exchange a custom made or special order item due to change of mind the decision to accept the exchange will be made at the discretion of Prosperous Home.
22.8 Sale and Clearance items are not able to be exchanged due to a change of mind.
22.9 You should allow 15 business days for Your return item to be received and processed and the exchange item to be sent within Australia.
Note: Please keep the original packaging until You are satisfied with Your purchase. If there is a problem You can repack the item and write RETURN TO SENDER on the packaging. This will avoid additional postal charges to You.
23.0 Dispute Resolution
23.1 Prosperous Home’s Dispute Resolution objective is to quickly achieve fair and equitable resolution to disputes for all parties, where all parties feel like they have been treated fairly in accordance with these terms and conditions.
23.2 If You have a dispute with Prosperous Home Please follow the steps listed below.
23.2.1Discuss the issue with the staff member in attendance and request a resolution to the dispute.
23.2.2 Contact the manager and note the issue or dispute in writing and request a resolution to the dispute.
Post: The Manager
PO Box 49 Kelmscott
Western Australia 6111
23.3.3 We hope by this point that we would be able to resolve any issue You have with Prosperous Home in accordance with these Terms and Conditions, however if not we would then seek ACCC advice on the appropriate process for achieving dispute resolution.
24.1 Prosperous Home reserves the right to modify and or Replace these Terms and conditions from time to time without notice. Where there are updates to the terms and conditions they will become effective when they have been published to the Website.
25.1 If any part of these Terms & Conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms & Conditions. No waiver by Us shall be construed as a waiver of any preceding or succeeding breach of any provision.