Terms & Conditions
- These Terms and Conditions apply to you, the Website user and your usage of the Modern Furniture and associated software, networks and processes, including the purchase of goods or services through the Website.
- By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below.
In these Terms and Conditions:
- "Agreement" means these Terms and Conditions, including all the terms of any Order placed by you the user through the Website (if applicable).
- "Customer" means the person or legal entity identified in a Modern Furniture quote, invoice or sales document.
- "Delivery Cost" means the costs associated with delivery as specified in an Order.
- "Goods" means the Products listed in an Order.
- "Intellectual Property" means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
- "Material" means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
- "Order" means an order for one or more Products placed by a Customer in response to an invitation to treat made by Modern Furniture through the Website.
- "Pre-sale" means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.
- "Products" means any items listed on the Website (for sale or otherwise).
- "Website" means the internet site located at the URL www.modernfurniture.com.au and operated by Modern Furniture.
- “Personal Information” means all the information collected about the Customer by Modern Furniture through the website or by any other means.
- “Related Parties” means a business which is owned and operated by some or all of the same parties which own and operate Modern Furniture.
- Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supercedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
- You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- To become a member of the Website, you must provide your name, address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us at firstname.lastname@example.org.
- You will receive an email from us immediately after you create your membership account.
- You may not use one email address to register for multiple accounts.
- You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorized use of your password or account.
- Modern Furniture may stop (temporarily or permanently) providing access to the Website to you, or to guests or members generally, at our discretion and without prior notice to you.
- We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
- We may impose limits or restrictions on the use you may make of the Website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, we may withdraw the Website, or change or remove Website functionality at any time without notice to you.
- The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Modern Furniture will not be responsible for the content or privacy practices associated with linked web sites.
- You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content.
- You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Modern Furniture takes no responsibility for any such damage which may arise in connection with your use of the Website.
- You must be eighteen (18) years of age or over to register as a member of the Website or purchase Products from the Website.
- Any Order and/or purchase made by you using this Website is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with Modern Furniture in relation to these terms.
- Modern Furniture reserves the right to take legal action and seek compensation for any loss or damage it may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
- All prices listed on the Website are in Australian Dollars unless otherwise specified.
- All prices listed on the Website include all applicable taxes unless otherwise specified.
- All prices displayed on the Modern Furniture website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
- If a Discount Code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including both Goods and associated Delivery Cost.
- You agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.
- Free shipping offers are given at the sole discretion of Modern Furniture and may incur additional charges for delivery to remote areas as defined by Modern Furniture.
- Modern Furniture reserves the right to refuse a sale.
Product Specifications & Variations
- Features and specifications of Products described or depicted on the Website are subject to change without notice.
- Unless otherwise stated, any accessories, or furnishings shown in any Product image on the Website are not included in the price.
- All weights and dimensions mentioned are approximate.
- We do our best to ensure that all product colours are displayed accurately, but it is best to be aware that colours do have a tendency to vary on different displays and screens, as well as well or dimly lit interiors.
- The variation of colour from screen to screen is not a fault or error. If you do wish to return your item based on this variance, it will be classified as a change of mind at the expense of the customer.
- You may place an Order by filling in the Order Form on the Modern Furniture Website and clicking the "BUY NOW" button. When you place your Order, we will issue you with an Order Number. We will do this by email.
- Offers for Products made by Modern Furniture the Website do not constitute an offer to sell but an invitation to treat. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
- Orders will be deemed to have been received by Modern Furniture at the time Modern Furniture sends an Order confirmation to your nominated e-mail address.
- Modern Furniture is an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
- Each Order (once confirmed) represents a separate agreement.
- Modern Furniture reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
- Modern Furniture, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.
- In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
- Modern Furniture reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
- Modern Furniture accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
Delivery and ownership of the goods
- Modern Furniture tries to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. Modern Furniture does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
- The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Modern Furniture and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than week, customers will be notified by e-mail at the e-mail address nominated in their Order.
- Modern Furniture will not dispatch Goods to addresses outside Australia or PO box addresses.
- Title and risk in the Goods pass to the customer on signing for delivery of the Goods.
- Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided.
- Modern Furniture's nominated courier will deliver Goods during business hours (am to pm, Monday to Friday)
- Modern Furniture is not responsible for the delivery times of Goods. Once Goods have been dispatched, it is the customer's responsibility to liaise with Modern Furniture’s nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by Modern Furniture to a customer in relation to delivery will be from a third party, and as such Modern Furniture will not guarantee the accuracy of such information.
Faulty or damaged goods.
- If a product is received damaged or faulty, we will repair, replace and/or refund based on the nature of the damage or fault.
- It is important you check your goods as soon as received and if any issues we need to be informed within 48 hours as we will be unable to accept any claims after that time frame. Please also ensure to retain all original packaging until further notice.
- If you notice any damage to your goods please notify the driver, sign delivery docket stating subject to inspection AND email email@example.com within 48 hours of delivery.
- Please send your report together with images (zoomed images will not be accepted) to enable us to assess your case promptly.
Refunds and returns
- Orders cancelled after the goods have been dispatched will be treated as per the terms above.
- Returned goods must be in their original packaging with all parts, accessories and manuals, and be in original condition.
- Modern Furniture will only accept the return of Goods that have been supplied incorrectly.
- In order to facilitate a return under these Terms and Conditions, e-mail firstname.lastname@example.org. The customer must comply with directions from Modern Furniture staff to facilitate a return.
- All returned goods must be in their original packaging with all parts, accessories and manuals, and be in original condition.It is the customer’s responsibility to ensure that returned items are returned safely. Modern Furniture takes no responsibility for items lost in transit.
- Custom made or pre-ordered items are not eligible for cancellation, returns or change of mind.
- If your product was purchased during a shipping promotion, please note that the actual standard delivery cost, which would have been charged had the item not been on promotion, will be deducted from your refund along with the return delivery cost.
- Each Product sold on the Website is covered by a 12 month Modern Furniture Standard Warranty.
- To the extent permitted by law, the warranties are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
- Modern Furniture will carry spare parts for each product for the length of the Standard Warranty period. Modern Furniture does not guarantee the availability of spare parts outside of this period. Where a Product is outside of warranty, Modern Furniture reserves the right to refuse to supply spare parts where limited stock is available.
- Certain legislation may imply warranties or conditions or impose obligations upon Modern Furniture which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which Modern Furniture is able to do so, its liability will be limited, at its option to the replacement of the Goods or resupply of equivalent Goods; repair of the Goods; payment of the cost of replacing the Goods or acquiring equivalent Goods.
- You acknowledge that all Intellectual Property in any Material on the Website is the property of Modern Furniture, or a third party and remains the property of its respective owners. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material. These intellectual property rights are protected by Australian and international laws and nothing in this Agreement gives you a right to use any of them.
- You may view the Website and its contents for personal and non commercial use only and subject to the Copyright Act (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Website or commercialise any information obtained from any part of the Website without the prior written consent of Modern Furniture or, in the case of third party Material, from the owner of the copyright in that Material.
- You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
- You waive, release, discharge and relinquish any and all claims that you have now or may have against Modern Furniture which are connected with, arise out of, relate to or are incidental to the use of the Website.
- You agree to indemnify and to keep indemnified Modern Furniture and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Modern Furniture arising out of or in connection with the your use of the Website and the use of any Modern Furniture Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
- To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Modern Furniture(in negligence or otherwise) is limited (at the option of Modern Furniture) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that Modern Furniture shall not be held liable for any indirect or consequential loss.
- To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Modern Furniture (in negligence or otherwise) is limited (at the option of Modern Furniture) to these Terms and Conditions and those listed in related Modern Furniture warranties.
- Modern Furniture gathers Personal Information about the Customer for the purposes of:
- marketing, supplying or delivering our products to the Customer;
- carrying out repair work (both in and out of warranty repairs);
- improving and developing Modern Furniture products; and
- expanding the business.
- Modern Furniture is committed to protecting the Customer’s Personal Information in line with its legal obligations.
- The Customer hereby acknowledges and consents that Modern Furniture has the right to sell, rent, share, or otherwise disclose personally identifiable information to Related Parties.
- If a Customer does not consent to Personal Information being disclosed to Related Parties as set out in clause 16.4 it must contact Modern Furniture by email at email@example.com.
- The Personal Information of the Customer may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions and to Related Parties.
- Modern Furniture may, from time-to-time, employ other companies and individuals to perform functions on our behalf. . In these circumstances Modern Furniture may disclose Personal Information to such companies and individuals to enable them to deliver services on its behalf.
- The Customer may request access to Personal Information, in accordance with the National Privacy Principles in the Privacy Act . If the Customer wish to access personal information please contact Modern Furniture by e-mail at firstname.lastname@example.org.
- Personal Information collected by Modern Furniture is owned by Modern Furniture and is an asset which can be sold as part of the business.
- Modern Furniture reserves the right to make changes to the Modern Furniture Website and Order Terms and Conditions without notice.
- Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
- A failure or delay by Modern Furniture to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Modern Furniture does not preclude its future ability to exercise that or any other power or right