About these Terms and Conditions
In these Terms and Conditions Modernised Living - ABN: 76 363 312 604 of Sydney, NSW and "you" and "your" means you the customer.
These Terms and Conditions together with your order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email prior to the event.
Legal Capacity to Transact
If you are under the age eighteen (18) years you can not place orders with Modernised Living.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years.
Should My Store suffer any damage or other losses as a result of a transaction entered into by a minor, My Store reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Modernised Living.
Placing Your Order
You may place your order by filling in the order form on this website.
When you place your order, we will issue you with an order number. We will do this by email.
By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your order after payment is received we will contact you by email or telephone.
Modernised Living reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Payment Methods and Processing
Modernised Living accepts PayPal, Visa, MasterCard, Credit Card and Bank Transfer.
Payment can also be made by direct deposit to our bank account. Orders paid for by direct deposit will not be processed until payment has been received. Please ensure that you include the order/ invoice number in the transaction description.
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding public holidays.
We process credit card and PayPal payments after you click the "Submit My Order" button.
For credit card and PayPal payments we will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase.
We will not accept credit cards issued by banks outside of Australia. Our preference in this instance is direct debit or payment via PayPal.
Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
You may be required to provide further identification for additional security reference checks.
If your PayPal payment is funded by an echeque this may substantially delay processing your order while payment clears.
All prices quoted on this website are inclusive of GST except for items that are exempt from GST. Items that include GST, and the total GST paid will be clearly marked on the invoice.
Modernised Living always seeks to list Products with the most competitive prices.
Modernised Living reserves the right to change prices for Products displayed at the Modernised Living website at any time.
Supply of Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your order confirmation.
When your order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
If you find that the goods were damaged in transit or were faulty in some manner, please contact us within 24 hours of receiving the goods. We will organise for the return of the goods and arrange a credit towards your next purchase or send a replacement product. Customer will incur the cost of return postage and be credited the purchase price only.
Shipping is free with orders over $500 to Sydney Metro area. Modernised Living reserves the right to change prices for delivery at any time. Size, weight and the distance your parcel has to travel will all determine how much your item costs. For a quick estimation, use our Estimator by clicking on view cart.
All orders on this website are processed within 24 hours. If there are any unforeseeable delays, you will be contacted by our customer service team.
Orders will be shipped to you by Australia Post, or where more appropriate, a Courier Service of our choosing.
Orders sent with Australia Post will either be through Express satchels for smaller items, or Registered Post for larger items. These are the only Australia Post services we use as both are capable of being traced.
With Australia Post Express we recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9.00am and 5.00 pm.
With Australia Post Registered, insurance of $100 is included, and the package must be signed for. If no-one is present to accept delivery a slip will be left in the mail box so that you can contact the relevant Australia Post Office to arrange collection of your package.
With our nominated Courier Service we recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9.00am and 5.00 pm. Our courier cannot guarantee a specific delivery date or time. If no one is present to accept the delivery a slip will be left in the mail box so that you can negotiate a suitable arrangement for final delivery or collection.
Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here.
Title and risk of loss to all products will pass to you on delivery.
Products Damaged in Transit
All orders are delivered by Australia Post or by our nominated Courier Service which is an independent courier company. Please do not ASSUME that your package will be delivered by one service or another. Unless you tell us otherwise, we will choose the most appropriate delivery option as outlined above. Please consider the information below so you are aware of your obligations in relation to delivery options.
Australia Post Express satchels are NOT insurable. It is however, a much quicker service in general. Damage, loss or theft incurred as a result of using this delivery option is at the purchasers risk.
If you REQUIRE a fully insured postal service such as Australia Post Registered that must be signed for, rather than being left at your door, it is your responsibility to request this at the time of ordering. Australia Post Registered automatically includes $100 insurance. Additional fees are payable for full insurance and person-to-person delivery options.
Our courier company fully insures all their deliveries. As stated above, if you require a fully insured service, it must be requested at the time of ordering. Our courier will endeavour to supply you with the product you have ordered from us in the condition that the goods were dispatched. However on occasion goods may be damaged in transit to you.
Modernised Living is proud to offer our customers quality products. We will endeavor to supply you with product your have ordered in good condition. However, on occasion goods that are sealed within cartons may be faulty as a result of a manufacturing defect from our suppliers.
Limitation of Liability
Information on this website is provided 'as is' and we disclaim all representations, warranties and conditions, express or implied of any kind, including to the extent permitted by law, as to satisfactory quality or fitness for purpose.
While we make every effort to ensure that the information contained within the website is complete, accurate and current, we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any errors or omissions of any kind in the content of the website.
We reserve the right to amend or supplement the information supplied on this website without prior notice.
Links available on the website link to websites not maintained or controlled by us. We provide these links for your convenience and are not responsible for their content and do not endorse any pages linked to this website. This also applies to any links to which this website refers, whether directly or indirectly.
We shall not be liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising out of any use of our services or in connection with the use or performance of this website, or the content of this website or referred to on this website or any other website you may access through this website.
This website and its contents are subject to copyright.
Other than for the purposes of fair dealing, criticism, review, study or research, you may not copy, print or store by electronic or any other means a part or the whole of this website or its contents.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Modernised Living. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Modernised Living for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Modernised Living, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Modernised Living reserves the right to change the Terms and Conditions of sale at any time.
No Modernised Living employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Modernised Living shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Modernised Living, and Modernised Living shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.