Terms and Conditions
These Terms of Service (“Terms”) govern your use of www.moderntide.com.au, including all information, content and services made available through the website, and any order placed with Modern Tide. By accessing the website, submitting an order or purchasing from Modern Tide, you agree to these Terms. If you do not agree, you must not use the website or place an order.
1. Eligibility
You must be at least 18 years of age to place an order. If you are under 18, an order may only be placed by or with the consent and supervision of a parent or legal guardian.
By placing an order, you confirm that you have legal capacity to enter into a binding agreement and that the information you provide is accurate and complete.
2. Website Use
You may use the website only for lawful personal or business purposes and in accordance with these Terms. You must not:
- use the website or any product for an unlawful or unauthorised purpose;
- attempt to gain unauthorised access to the website, servers, systems or customer information;
- introduce viruses, malicious code, automated scraping tools or other harmful technology;
- interfere with the operation, security or performance of the website;
- impersonate another person or provide false or misleading information;
- use the website to infringe intellectual property, privacy or other legal rights; or
- copy, reproduce, commercially exploit or redistribute website content except as permitted by law or with our prior written permission.
We may suspend or restrict access where reasonably necessary to protect the website, customers or our systems, or where we reasonably believe these Terms or applicable law have been breached.
3. Product Information
We take reasonable care to present product descriptions, specifications, dimensions, materials, images and availability accurately. However, information may occasionally contain an error or require updating. Images are provided for illustrative purposes. The appearance of colours and finishes may vary depending on screen settings, photography, lighting and the environment in which a product is viewed. Nothing in this section permits Modern Tide to supply a product that is materially different from its description or representation, or limits any rights available under the Australian Consumer Law.
4. Natural, Handmade and Individually Finished Products
Some products are made from natural materials, handmade, hand-finished or produced in small batches. Reasonable variations may occur in colour, grain, veining, pattern, texture, surface character, patina and minor dimensions. These inherent variations are not faults where they are consistent with the nature of the material or production method, have been reasonably disclosed, and fall within reasonable manufacturing or industry tolerances. This does not affect your rights where a product is faulty, unsafe, materially different from its description or otherwise fails to meet an applicable consumer guarantee.
5. Availability and Lead Times
Products may be in stock, available for pre-order, sourced to order or made to order. Availability and lead times shown on the website are estimates based on the information available to us at the time. We do not guarantee availability until an order has been accepted. Production, procurement and delivery estimates may change due to supplier availability, freight capacity or circumstances outside our reasonable control. If a material delay or inability to supply arises, we will notify you and provide any options or remedies required by law. Further delivery information is set out in our Shipping & Delivery Policy.
6. Prices, GST and Charges
All prices displayed on the website are in Australian dollars. Prices include GST where GST is applicable, unless clearly stated otherwise. Delivery charges and any other unavoidable charges applicable to an order will be displayed at checkout or confirmed before the order is accepted. Some locations require a separate delivery quote in accordance with our Shipping & Delivery Policy.
We may change product prices at any time before an order is accepted. A price change will not affect an order that has already been accepted, unless you agree to the change or the change is required by law. Any payment surcharge, if applied, will be disclosed before payment and will not exceed the amount permitted by applicable law.
7. Payment
Available payment methods are displayed at checkout and may include payment services provided by Stripe, PayPal or other authorised payment providers. You authorise us and the relevant payment provider to charge the amount shown at checkout. Your order may not be processed until payment has been authorised or received in cleared funds. We do not ordinarily receive or store complete payment card details. Payment information is handled by the relevant payment provider under its own terms and privacy practices. If a payment is reversed, rejected, subject to an unauthorised chargeback or otherwise not received, we may suspend fulfilment while the matter is investigated.
8. Orders and Contract Formation
Submitting an order is an offer to purchase the selected products on these Terms. An automated order acknowledgement confirms that we have received the order; it does not necessarily mean that the order has been accepted. A binding contract is formed when Modern Tide sends written confirmation that the order has been accepted, or when we dispatch or make the product available for collection, whichever occurs first. You are responsible for reviewing your order details before submitting the order, including the product, quantity, dimensions, colour, finish, delivery address and contact information.
9. Order Refusal, Correction and Cancellation by Modern Tide
We may refuse, correct or cancel an order where reasonably necessary, including where:
- the product is unavailable or cannot reasonably be supplied;
- the website contains an obvious pricing, product or availability error;
- payment is not authorised or is reasonably suspected to be fraudulent;
- the delivery address is outside the available service area or delivery cannot be completed safely or lawfully;
- the order breaches purchase limits, these Terms or applicable law; or
- we reasonably believe the order was placed for unauthorised resale, fraud or other improper activity.
Where we cancel an accepted order and you are not responsible for the cancellation, we will refund amounts paid for the cancelled products and any associated delivery service that will not be provided. We will not substitute a materially different product or increase the price of an accepted order without your agreement.
10. Customer Requests to Change or Cancel an Order
Requests to change or cancel an order should be submitted as soon as possible. We cannot guarantee that a request can be accommodated once payment has been processed, procurement or production has commenced, or the order has been dispatched.
Modern Tide does not accept cancellations, returns or exchanges for change of mind or other non-fault reasons, except where we expressly agree otherwise. The detailed conditions and your statutory rights are set out in our Return & Refund Policy.
11. Shipping, Delivery and Collection
Delivery areas, estimated timeframes, delivery methods, warehouse collection requirements, access obligations and potential additional delivery charges are set out in our Shipping & Delivery Policy. You must provide accurate delivery and contact information and disclose relevant access restrictions before delivery is arranged. Risk relating to delivery, collection and any authority-to-leave instruction is managed in accordance with our Shipping & Delivery Policy and applicable law.
12. Inspection, Returns and Consumer Guarantees
You should inspect products within a reasonable time after delivery or collection and contact us promptly if an item appears faulty, damaged, incorrectly supplied or materially different from its description.
Our products come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Depending on the circumstances, you may be entitled to a repair, replacement, refund or compensation where a consumer guarantee is not met.
Modern Tide does not provide refunds, exchanges or store credit for change of mind or other non-fault reasons. Full claim and return procedures are set out in our Return & Refund Policy.
13. Care, Assembly and Intended Use
You must use, assemble, install, handle and maintain products in accordance with any product information, care instructions and safety warnings provided.
Where professional assembly, installation, electrical work or wall fixing is reasonably required, it must be performed by an appropriately qualified person.
Modern Tide is not responsible for damage caused after delivery by misuse, accidental damage, improper assembly or installation, unauthorised modification, failure to follow reasonable instructions or use outside the product's stated purpose, except to the extent responsibility cannot lawfully be excluded.
14. Promotions and Discount Codes
Promotions and discount codes are subject to any specific conditions communicated with the offer, including validity dates, eligible products and minimum spend requirements. Unless otherwise stated, discount codes cannot be combined, exchanged for cash or applied retrospectively to an order that has already been accepted. We may withdraw or correct a promotion where it contains an error or has been used fraudulently, but will not remove a benefit from an accepted order contrary to law.
15. Intellectual Property
Unless otherwise stated, the website and its content, including text, product descriptions, photographs, graphics, logos, page layouts and design elements, are owned by or licensed to Modern Tide and are protected by intellectual property laws.
You may view and use the website for personal shopping and ordinary business enquiries. You must not reproduce, adapt, distribute, publish, sell, license, scrape or commercially exploit website content without our prior written permission, except where permitted by law. Modern Tide and associated names, branding and logos must not be used in a way that suggests endorsement, affiliation or authorisation without prior written permission.
16. Customer Communications and Submitted Content
If you submit a review, photograph, comment, suggestion or other content, you confirm that you have the right to provide it and that it is not unlawful, misleading, defamatory, infringing, confidential or harmful. You retain ownership of content you create. Where you expressly submit content for publication or promotional use, you grant Modern Tide a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for the purpose for which it was submitted. We may decline to publish or may remove submitted content where reasonably necessary to comply with law, protect rights or maintain the integrity of the website.
17. Third-Party Services and Links
The website may rely on or link to third-party services, including payment providers, delivery providers, social media platforms and external websites. Third-party services are governed by their own terms and privacy policies. Modern Tide is not responsible for third-party content or conduct that is outside our reasonable control. A link to a third-party website does not necessarily constitute endorsement of that website or its products or services.
18. Personal Information
Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy.
19. Website Availability and Security
We aim to keep the website available and secure but do not guarantee uninterrupted, error-free or continuously available access.
We may carry out maintenance, modify features or temporarily suspend part of the website where reasonably necessary. We will not use this section to avoid obligations relating to an order that has already been accepted.
You are responsible for maintaining the security of your device, internet connection and any login credentials used to access the website.
20. Disclaimers
To the maximum extent permitted by law, general website content is provided for informational purposes and should not be treated as professional, technical, electrical, structural or installation advice.
Any condition, warranty or representation that may lawfully be excluded is excluded. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
21. Limitation of Liability
To the maximum extent permitted by law, Modern Tide is not liable for indirect or consequential loss that was not reasonably foreseeable and was not caused by our breach, negligence or unlawful conduct.
We do not exclude liability for personal injury, fraud, wilful misconduct, breach of a non-excludable consumer guarantee, or any other liability that cannot lawfully be excluded.
Where liability may lawfully be limited, any limitation will apply only to the extent that it is fair and reasonable in the circumstances and consistent with applicable law.
22. Indemnity
To the extent permitted by law, you agree to compensate Modern Tide for reasonable loss, damage or expense directly arising from your unlawful use of the website, your infringement of another person's rights, or your material breach of these Terms.
This indemnity does not apply to the extent that the loss was caused or contributed to by Modern Tide, its suppliers, contractors or service providers.
23. Events Outside Reasonable Control
Modern Tide will not be responsible for delay or failure caused by an event outside our reasonable control, such as a carrier disruption, port closure, natural disaster, industrial action, government restriction, system outage or supply interruption.
We will take reasonable steps to minimise the effect of the event and communicate material delays. This section does not remove any right you may have where products are not supplied within an agreed or reasonable time.
24. Suspension and Termination
You may stop using the website at any time. We may suspend or terminate your access where reasonably necessary because of a material breach of these Terms, unlawful activity, fraud, security risk or misuse of the website. Termination does not affect rights and obligations relating to an accepted order, payment, refund, intellectual property, liability or any provision intended to continue after termination.
25. Changes to These Terms
We may update these Terms from time to time to reflect changes to our website, business practices or applicable law. Updated Terms take effect when published and apply prospectively. Unless required by law or agreed with you, changes will not alter the terms governing an order that was accepted before the updated Terms were published.
26. Severability and Waiver
If any provision of these Terms is held to be invalid or unenforceable, that provision will be read down or severed to the minimum extent necessary, and the remaining provisions will continue in effect.
A delay or failure by either party to enforce a right does not waive that right.
27. Entire Agreement
These Terms, together with the Privacy Policy, Return & Refund Policy, Shipping & Delivery Policy and any specific written terms accepted for an order, constitute the agreement between you and Modern Tide regarding the website and that order.
If there is an inconsistency, specific written terms agreed for an order prevail for that order, followed by the relevant policy and then these Terms, except where the law requires otherwise.
28. Governing Law
These Terms are governed by the laws of New South Wales, Australia. You and Modern Tide submit to the non-exclusive jurisdiction of the courts and tribunals of New South Wales and any courts entitled to hear appeals from them. This does not prevent you from exercising any right to bring a claim in another jurisdiction where applicable law permits.
29. Contact Information
For questions regarding these Terms, please contact:
Modern Tide
info@moderntide.com.au
+61 489 156 245