| Terms and Conditions |
The Modern Home - Terms and Conditions 20 June 2011
This Website is owned and operated by The Modern Home Mile End PTY LTD. ABN 74 118 347 130. This is the user agreement that governs your use of this website and the provision of the services we provide you. These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these website terms at any time without further notice. If we do this, we will post the changes to these website terms on this page and will indicate at the top of this page the date these terms were last revised. It is your responsibility to check for these changes in the Terms & Conditions. Your continued use of the website after any such changes constitutes your acceptance of the new website terms. You will be asked to check a box that states you've agreed to our terms and conditions on the check out page.
License to use website
Unless otherwise stated, The Modern Home and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without The Modern Home's express written consent.
You must not use this website for any purposes related to marketing without The Modern Home's express written consent.
Limitations of liability
The Modern Home will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
l to the extent that the website is provided free-of-charge, for any direct loss; l for any indirect, special or consequential loss; or l for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if The Modern Home has been expressly advised of the potential loss.
Product Description We do our best efforts to provide you with the best images and description, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate. Even if not always mentioned, some self-assembly may be required on certain products.
Sales If an order is delayed or is unable to be placed to the supplier for any reason (lack of interest and of orders for the product, manufacturing process trouble, quality control issue, or other quality or manufacturing issues), we would do our best to notify you. Should our selected manufacturer decide they are unable to produce a specific product matching our quality standards, we would remove it as fast as possible from our website. Should you have placed an order for that specific product, you would be notified by email of the situation, your order would be cancelled and you would be reimbursed in full.
Delivery Before ordering from us, it is your responsibility to check and determine your full ability to receive the products. This includes ensuring that the product ordered will pass freely into your room of choice, and that they fit in that room, can be transported through the front door of your flat or room, stairs and doorways, and any other issues that could make the delivery more complicated or impossible to process. Up-to-date mobile telephone number and e-mail address are absolutely necessary to ensure successful delivery of your item. All information asked on the checkout page must be filled in precisely and accurately. We will not be responsible for missed delivery because of wrong delivery address or an inappropriate phone number. All additional charges or costs due to delivery complications or missed delivery would thus be your liability with the courier. Whilst our courier service will use the utmost care when they deliver your order, neither they nor The Modern Home shall under no circumstances be held liable for any damage to your delivery location (whether it be flooring, walls, ceilings, driveways, household items etc). It is recommended that you prepare a "clear path" for the courier service. Alternatively, you may choose to have your order left outside.
Delivery times to various parts of Australia are estimated as follows:
l Sydney, Melbourne, Brisbane, Adelaide - 5 to 7 working days after despatch l Perth, Alice Springs, Darwin, Hobart, Launceston - 7 to 10 working days after despatch l Country/Rural Areas are usually 3 - 5 working days above times to major centres l Delivery times may vary depending on size and bulk of the items ordered
The Modern Home shall under no circumstances be held liable for any special losses due to delays in delivery, indirect or consequential losses or for loss of profits, or wasted expenditure.
Return Policy and Procedures/7 Day Money Back Guarantee
The Modern Home offers a 7 Day Money Back Guarantee for purchases made on our website (excluding floorboards) for a peace of mind internet shopping experience!
4. In the (unlikely) case where there is no proof/receipt of delivery, our 7 Day Money Back Guarantee period will commence from 5 business days of the dispatch date. 5. Products returned should be in original packaging and be in original condition, OR; in a good enough quality transport packaging in order to avoid any damage during the transport back to our warehouse. Products must not have been used or be assembled in any way; with all accessories/parts in place.
7. If the customer chooses to receive a refund instead of a replacement, then Condition 2 & 3 will apply. 8. If the customer wished to cancel the purchase after item(s) have been dispatched, the Conditions 2 & 3 will apply. (Approx. dispatch dates are shown on all items). 9. The Modern Home reserves the right to refuse a refund if the item returned is deemed to have been mishandled by the customer. 10. The Modern Home reserves the right to make changes to the above Terms & Conditions without notice. 11. Refunds will be given via cheque or EFT. For security reasons, credit card reversals are not available.
Warranty
Our products carry a minimum 12 month warranty, except for wallpaper and certain accessories. Please check the WARRANTY tab in the product page for warranty details specific to that product.
The warranty against defects in material and workmanship is provided under the following conditions:
l Product has been subjected to normal, intended usage l Product has been not been abused l Product that has not been maintained or has been modified l Any direct or consequential loss
Normal wear and tear is not considered defects.
The Modern Home's liability under this warranty is to repair or replace, at our discretion, any part of, or the entire item; free of charge including associated costs.
Breaches of these terms and conditions
Without prejudice to The Modern Home's other rights under these terms and conditions, if you breach these terms and conditions in any way, The Modern Home may take such action as The Modern Home deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
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