Definitions
Business Days: Monday to Friday, excluding public holidays in New South Wales, Australia.
Services: The ordering, purchase, and delivery services provided by Moda Living through our website and any telephone ordering system.
1. General
1.1. This agreement is formed between you and R & E GROUP PTY LTD ACN 157 931 390 ("R & E GROUP", "we", "us", or "our").
1.2. These terms govern your use of the Moda Living website (www.modaliving.com.au), including our ordering and delivery services ("the Services").
1.3. By creating an account or placing an order, you agree to be bound by this agreement and any future amendments.
1.4. We may revise these terms at any time. Continued use of our Services constitutes your acceptance of any updated terms.
1.5. Additional service-specific terms on our website also apply unless they directly conflict with this agreement.
2. Use of the Services
2.1. You agree to use the Site and Services for lawful purposes as permitted by this agreement.
2.2. You must not access or attempt to access the Site through unauthorized means.
2.3. You must not interfere with the functionality of the Site or Services.
2.4. Use of automation or other tools to harm or exploit the Site is prohibited.
2.5. You may not use another user’s account without permission.
2.6. We reserve the right to suspend or terminate accounts suspected of fraud or misuse.
2.7. Inappropriate conduct or violations of this agreement may result in termination of your account.
3. Registration
3.1. Account registration is required to access certain features of the Services.
3.2. Registration implies agreement to these Terms of Service.
3.3. You must not provide false or misleading information when registering.
3.4. It is your responsibility to keep your account information current.
3.5. We are not responsible for losses resulting from your failure to update account information.
4. Legal Capacity
4.1. You must be at least 18 years old and able to form legally binding contracts to use our Services.
5. Placing Orders
5.1. Orders placed through our Site constitute offers to purchase under these terms.
5.2. Product listings are not binding offers.
5.3. Confirmation of your order does not guarantee availability. Acceptance occurs upon dispatch.
5.4. We may cancel an order due to:
- 5.4(a) Product unavailability
- 5.4(b) Pricing or listing errors
- 5.4(c) Inaccuracies in your submitted order
6. Price and GST
6.1. All prices are in AUD and include GST.
6.2. Prices are subject to change without notice.
6.3. Shipping and handling charges are calculated separately at checkout.
7. Payment
7.1. Orders must be paid in full prior to processing and dispatch.
7.2. We accept major credit cards, PayPal, bank transfer, cheque, and money orders.
7.3. Delays may occur if using non-instant payment methods.
8. Delivery
8.1. Orders are shipped only after cleared payment.
8.2. We will attempt to meet estimated delivery timelines but they are not guaranteed.
8.3. Delivery is made to the address provided at checkout.
8.4. You are responsible for assisting with large item deliveries if required.
8.5. Redelivery charges may apply due to absence, incorrect address, or delivery refusal.
8.6. We do not deliver outside Australia or on weekends/public holidays.
8A. Storage of Orders
8A.1. We are pleased to hold your order free of charge for up to 3 months from the date it becomes available for collection or delivery.
8A.2. If your order is not collected or delivered within this period, a storage surcharge of AUD 50–100 per month may apply, depending on the size and volume of the goods.
8A.3. Please contact us in advance if you anticipate a delay in collection so that suitable arrangements can be made.
9. Risk and Title
9.1. Title transfers upon full payment.
9.2. Risk transfers upon delivery.
10. Warranties
10.1. Australian Consumer Law guarantees apply.
10.2. Additional warranties may be displayed on product pages.
10.3. We may offer refunds, repairs, or replacements for defective or misrepresented products.
10.4. Claims must be submitted in writing with proof of purchase.
10.5. We may send parts for self-repair where appropriate.
10.6. You are responsible for packaging and returning products in a safe manner.
10.7. If no fault is found, you may be charged for inspection and redelivery.
11. 30 Day Money Back Guarantee
11.1. You may return products within 30 days for a refund of the purchase price, excluding shipping costs. A 20% restocking fee applies to items with free shipping.
11.2. Conditions include unused condition, original packaging, and photos of the item.
11.3. Excludes made-to-order, clearance, commercial use, or used/assembled items.
11.4. Returns must be pre-approved and scheduled.
11.5. Refunds are processed within 7 days of return receipt.
11.6. We may refuse service for repeated policy abuse.
12. Cancellation Policy
12.1. Orders may be cancelled before dispatch for a full refund.
12.2. If cancelled after dispatch, you are responsible for shipping costs both ways.
13. Limitation of Liability
13.1. We are not liable for indirect, incidental, or consequential loss from use of our Services.
13.2. We are not liable for fraud or unauthorized card use.
13.3. Our total liability is limited to the amount you paid for the product.
14. Variations
14.1. These terms may not be changed without our written consent.
14.2. Changes apply from the date of publication.
15. Our Products
15.1. We aim for accuracy but reserve the right to correct errors.
15.2. Product colours may differ due to screen displays.
15.3. Products and listings may be removed or updated at any time.
16. Our Rights
16.1. We may reject returns where we cannot confirm purchase or fault.
16.2. We may delay deliveries due to extreme conditions.
16.3. We are not liable for delivery delays or cancellations.
17. Privacy
17.1. We will handle your personal data in accordance with our Privacy Policy.
17.2. By registering, you consent to our collection and use of your data.
18. Intellectual Property
18.1. All content is our property or licensed to us and protected by law.
18.2. You may not use our brand, content, or design without permission.
18.3. Third-party trademarks remain the property of their owners.
19. Other Important Matters
19.1. We are not liable for delays caused by circumstances beyond our control.
19.2. If part of this agreement is unenforceable, the remainder remains valid.
19.3. This agreement is governed by the laws of New South Wales, Australia.
20. Dispute Resolution
20.1. Contact us at info@modaliving.com.au for any concerns. We will work to resolve issues promptly.
20.2. If unresolved, both parties agree to mediation in Sydney before pursuing legal action.
21. Force Majeure
21.1. We are not liable for delays due to events beyond our control, including natural disasters, pandemics, or transport interruptions.
21.2. We will notify you of any such disruptions and aim to resume services as soon as reasonably possible.
