1.1. This agreement is formed between you and R & E GROUP PTY LTD ACN 157 931 390 ("R & E GROUP", "us", "we", or "our")
1.2. The terms and conditions contained in this agreement sets out your obligations and our obligations when using modaliving.com.au ordering service and delivery service ("the Services") through the website www.modaliving.com.au ("the Site") or through our telephone ordering service.
1.3. When you register an account with us to use the Services, you are deemed to have accepted this agreement, as amended and varied by us from time to time.
1.4. We may amend this agreement from time to time and you should review this agreement from time to time. If you continue to use the Services following any amendment to this agreement, this constitutes your acceptance of the new terms and conditions applying to the Services.
1.5. If there are any additional conditions in relation to the Services, contained in other website pages on the Site, these will be incorporated into and will form part of this agreement, unless those additional conditions conflict with these terms and conditions. You must read all information available on the product information page of any item or product you intend to order before placing an order through the Services.
2.1. You agree to use the Site and the Services for purposes permitted by this agreement.
2.2. You must not access or attempt to access the Site by any means other than the interface as provided by us.
2.3. You must not take any action that may interfere with or disrupts the operation of the Site or the Services.
2.4. You must not use any device or software to interfere with or attempt to interfere with the Site or the Services.
2.5. You may not use another member's account without permission.
2.6. Without limiting any other remedies available to us, we may in our sole discretion suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with your use of the Services.
2.7. Without limiting any other remedies available to us, we may in our sole discretion suspend or terminate your account if your conduct is deemed by us to be inconsistent with the terms and conditions of this agreement.
3.1. You must register an account with us and provide to us your details to use the Services.
3.2. When you register an account with us, you are deemed to have accepted this agreement, as amended and varied by us from time to time.
3.3. You must not use false or misleading information when registering an account with us or when using the Service.
3.4. If your details have changed from the last time you have used the Service, you must provide us with the updated details.
3.5. We will not be responsible for any loss or damage which may occur because you have not provided us with complete and accurate information.
4.1. You must be able to form legally binding contracts to use the Services and must be over the age of 18 years.
5.1. You may use the Site and the Services to place orders to purchase items or products displayed on the Site.
5.2. Items and products displayed on the Site do not constitute an offer to sell. No information on the Site is considered or deemed as an offer by us to supply any items or products.
5.3. By placing an order with the Service, you make an offer to us to purchase the items or products that you have selected under the terms and conditions of this agreement, at the price displayed.
5.4. We reserve the right to accept or reject your offer for any reason including, but not limited to:
(a) the availability of the item or product;
(b) an error in the price or item or product description;
(c) an error in your order.
6.1. The prices of any product displayed on the Site, delivery, and any other charges are in Australian dollars only (AUD$).
6.2. We reserve the right to change the prices for any item or product displayed on the Site from time to time.
6.3. The prices for any item or product displayed on the Site do not include delivery charges or any other charges.
6.4. All prices, including prices for any item or product displayed on the Site, delivery, and any other charges include GST.
7.1. You must pay to us the purchase price of the items or products that you have ordered including any other applicable fees or charges, such as delivery charges, as set out in our tax invoice.
7.2. We accept payment by credit card (Visa, MasterCard, and American Express), PayPal, direct bank deposit, internet transfer, money order, or cheque.
7.3. We will not process your order until we have received full and cleared payment from you. Please note that payment via direct bank deposit, internet transfer, or cheque may take several days to be processed.
8.1. Subject to the terms and conditions of this agreement, we will supply to you the items and products indicated in your order confirmation.
8.2. We will withhold delivery of any item or product until you have paid everything owing to us. Please note that payment via direct bank deposit, internet transfer, or cheque may take several days to be processed.
8.3. We will use best endeavours to deliver to you the products on or before the delivery date indicated in your order confirmation; however you acknowledge that the delivery date indicated in your order confirmation is an estimate only.
8.4. We will deliver the items or products indicated in your order confirmation to the address nominated to us for the delivery of your product, as provided by you when you use the Services ("the Delivery Address").
8.5. If any item or product is large or heavy, you must ensure that there will be a person available at the place of delivery that is able to assist our deliveryman with the delivery of the item or product.
8.6. We reserve the right to charge you for any additional costs incurred in the re-delivery of the item or products indicated in your order confirmation if:
(a) after confirming the delivery date with you, there is no person at the Delivery Address to receive the item or product or no person at the Delivery Address that is able to sign any consignment note indicating that the item or product has been received;
(b) through no fault of our deliveryman, our deliveryman is not able to unload or deliver the item or product ordered to the Delivery Address (such as there being no person to assist if the item or product is large or heavy, or if there is a hostile animal on the premises); or
(c) the Delivery Address is incorrect.
8.7. We will not deliver any item or product:
(a) to any location outside of Australia; or
(b) on weekends or after normal working hours.
9.1. Title in any items or products will only pass to you when we receive full payment all amounts specified in our tax invoice.
9.2. The risk in any items or products delivered will pass to you when it is delivered.
10.1.In addition to any voluntary warranties offered by the manufacturer, statutory conditions and warranties apply and nothing in this agreement excludes the application of those statutory conditions and warranties.
10.2. Any additional warranties offered for a particular item or product displayed on the Site will appear on that product's product information web page.
10.3. At our discretion, we will refund, repair, or replace any item or product that:
(a) does not match the description provided on the Site;
(b) is not fit for the purpose as described on the Site; or
(c) is not of merchantable quality (for example, is defective, or is "dead-on-arrival").
10.4. If you wish to make a claim for the breach of any warranty, you must:
(a) notify us in writing; and
(b) provide us with proof of purchase.
10.5. If, in accordance with the warranty under this agreement, a repair is approved for the item or product and that repair may be effected by the simple replacement of a particular part or component of the item or product, then we may, at our discretion, send you the replacement part or component to repair the item or product, at our own cost.
10.6. If any item or product is returned to us for refund, repair, or replacement, you must return it to us, at your own cost, and ensure that the item or product is properly packaged to prevent any damage during transit. We will not be responsible for any damage to the item or product during transit.
10.7. If, after examining or assessing the item or product, we determine that there has been no breach of our warranty:
(a) we reserve the right to charge you for any reasonable costs incurred in the examination or assessment of any item or product, including but not limited to any costs incurred in sending an on-site technician to examine or assess the item or product; and
(b) we reserve the right to charge you for any re-delivery costs incurred to return the item or product to you.
11.1. All our items or products come with a thirty (30) day money back guarantee ("the 30-day Money Back Guarantee"). If you, for any reason whatsoever, are not satisfied with the item or product supplied to you, you may, within thirty (30) days of the item or product being delivered to you, return the item or product to us for a full refund of the purchase price of the item or product. The full refund of the purchase price of the item or product does not include fees paid for any delivery, shipping, or handling charges.
11.2. If you exercise your rights under the 30-day Money Back Guarantee, you:
(a) must notify us in writing of the exercise of your rights under the 30-day Money Back Guarantee within thirty (30) days of the item or product being delivered to you;
(b) must provide us with proof of purchase;
(c) must return the item or product to us in its original condition and in its original packaging;
(d) must return the item or product to us at your own cost; and
(e) are not entitled to make any claim for the breach of any warranty.
12.1. We will not be liable for any loss, expenses, costs or any special, incidental, or consequential damages arising out of or in connection with the use of the Services or the sale of any item or product.
12.2. We will not be liable for any loss, expenses, losses, costs, consequential losses, or direct or indirect damage suffered by you where your credit card has been fraudulently used or has been used in an unauthorised manner.
12.3. Our maximum liability for any item or product supplied to you is limited to a maximum total aggregate sum of the amount payable by you in respect to the item or product in question.
12.4. You will at all times indemnify us from any claims, loss, damage, liabilities, expenses, costs or demands including legal fees made by any third party due to or arising out of a breach of this agreement by you or arising out of your negligent act or omission.
13.1. Our privacy statement is available on the Site and we will use all reasonable efforts to ensure that any information or data collected from you is stored and used in accordance with this privacy statement.
13.2. By registering an account with us for the use of the Services you agree that we may store, process, and use any information or data collected from you in accordance with our privacy statement.
14.1. We reserve all intellectual property rights including but not limited to any trade marks and copyright in material and/or services provided by us.
14.2. Nothing in this agreement permits you or gives you any rights to use any of our marketing materials, copyrighted material (including website layout), trade marks, business names, logos, photographs, or domain names.
14.3. Any trade marks used on the Site belonging to third parties are used with permission and remain the intellectual property of such third party.
15.1. We will not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
15.2. If any part of this agreement is found to be void, unlawful or unenforceable, then that part shall be deemed severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
15.3. This agreement is governed by and will be construed according to the law of New South Wales, Australia.