These terms and conditions govern your use of our website modella.com.au (“Site”), by using our Site you accept these terms and conditions (“Agreement”). If you do not agree with any part of these terms and conditions, do not use our Site.
Upon completed payment for the goods, and any postage and shipping costs payable, the purchased good(s) chosen will be delivered to the delivery address you have provided. Please calculate the delivery costs before you checkout to ascertain the cost of sending goods within Australia; and countries outside of Australia. Please read our FAQs for further details regarding delivery costs and timing.
“You” refers to you, the customer, purchaser or the person for whom the services have been obtained, or goods purchased, depending on the context in this Agreement.
“Modella” means Modella Clothing Pty Ltd (ACN 169 863 218, ABN 72 169 863 218) and any related bodies corporate referenced in the Agreement as “us”, “we”, “our”.
Conditions of Purchase
You must meet the following conditions to be eligible to purchase goods on this Site:
- you must consider and accept these terms and conditions, including any limited offers, price, and any goods and services taxes, and shipping and postal costs payable in the/or to the relevant jurisdiction;
- you must accept the law of Queensland, Australia, as the governing law;
- you must have a valid and recognised credit/debit card with sufficient credit to make the purchase(s) or be registered with PayPal; and
- you must be 18 years or older.
When you submit a purchase or continue to use this Site, you acknowledge that you have met the above conditions.
Terms of Purchase
- We do not represent or provide any warranties for any third parties’ products, services, qualifications, training or skills. The goods available on this Site are manufactured, distributed and branded by third parties and we cannot guarantee the quality of the goods provided.
- Any goods that you wish to receive a refund or replacement for, must have their tags still attached and not be worn, damaged or soiled (i.e. must be in the original condition received).
- Where you have not received the goods that you placed an order for, you are entitled to either a refund or the replacement of the erroneous goods, for the goods you ordered. Records will be retained of orders to verify that your claim is genuine. Whilst you will need to pay postage for the return of the erroneous goods to us, upon determination that you were sent the wrong goods, we will refund you the monies spent on postage.
- If you have ordered full priced goods that do not fit, you may seek an exchange or refund of the goods within 30 days of receipt of delivery. However, as we rely upon the information you provide us regarding your sizes, you will need to pay for all postage to return the goods to seek and receive the exchange or refund.
- For sale items that do not fit, you may seek an exchange or refund of the goods within 14 days of receipt of delivery. However, as we rely upon the information you provide us regarding your sizes, you will need to pay for all postage to return the goods to seek and receive the exchange or refund.
- The information does not constitute or imply an endorsement, sponsorship, recommendation, or affiliation with the clothing manufacturer, distributor or any of the goods available for purchase on this Site.
- Payment will be available via:
- We disclaim all warranties that relate to the goods and services, express or implied, to the full extent permitted by law. Please read “Your rights under the Australian Consumer Law”.
Limitation of Liability
- Whilst we will endeavour to ensure that the information on this Site is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Site remains available at all times, or that the material on this Site is kept up-to-date.
- To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions. Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions, our Agreement, your transactions with us, or in connection with our Site.
Your Rights Under the Australian Consumer Law
- Our services come with non-excludable guarantees under The Australian Consumer Law (“Consumer Guarantees”), including that services will be provided with due care and skill. You are entitled, at your option, to various remedies under The Australian Consumer Law. Nothing in this Agreement excludes, restricts or modifies any of the Consumer Guarantees.
- These guarantees include the replacement of goods. You may also be entitled to compensation.
- To the maximum extent permitted by law, our liability in connection with this Agreement and any transactions with us (including liability for negligence) is limited to:
- the lesser of the replacement or repair cost of the goods supplied; and
- in the case of any services provided, the cost of supplying the services again.
- For all other claims or liabilities not related to a Consumer Guarantee, and to the extent permitted by law, our maximum liability to you arising out of, or in connection with this Agreement or any transactions with us, is capped at the cost of the goods purchased and the postage paid.
- All trademarks, copyright and other intellectual property rights inherent, and used in relation to this Site, will continue to be our property or the property of the relevant third party owners.
- Use of this Site does not entitle you to any rights or entitlements in relation to this intellectual property.
- This Agreement is governed by the laws in force in the State of Queensland, Australia. The courts of Queensland (including appeal Courts) are the jurisdiction for any unresolved disputes.
- If any part of this Agreement is void, unenforceable or illegal, it is severed from the remainder of this Agreement.
- The remainder of the Agreement will continue to have full force and effect and the validity or enforceability of that part in any other jurisdiction is not affected.
- We may assign or otherwise deal with our rights and subcontract and novate our obligations under this Agreement by written notice to you without your prior written consent, including varying these terms and conditions. It is your responsibility to revisit and review these terms and conditions to gauge if changes or amendments have been made.
- We reserve the right for third parties to assist us in the provision of the services.
- The Agreement (including any amendments or subsequent terms and conditions) constitutes the entire agreement and understanding between you and us and supersedes any and all prior communications, representations, agreements or understandings between you and us with respect to its subject matter.
Feedback and Contact
If you are dissatisfied with any aspect of Modella’s services, please let us know.
We are committed to resolving complaints in a fair and efficient manner and view feedback as an opportunity to improve our services.
The security of your personal information is important to us and we take measures to ensure it is handled responsibly.
Your information is collected for the purpose of processing your purchase orders and fulfilling our obligation to send you any purchased goods.
However, you have a right to stop receiving any direct marketing material at any time. To opt out please send an email to firstname.lastname@example.org and note in the subject header that you wish to be unsubscribed.
We never share your personal information with third party list providers or related marketing organisations.
Please note information may be disclosed to:
- intermediaries through which you deal with Modella (e.g. agent, financial adviser, employer or industry association);
- PayPal or Stripe for the purposes of completing payment. Although this information will be provided directly from you to PayPal or Stripe; and
- other reputable service providers (e.g. selected Modella mailing list houses, delivery of goods providers – such as Australia Post).
No customer credit card details are stored on the Modella website, as you are either redirected to PayPal to collect your information and process your payment; or if you use the Credit Card payment option, your order will be processed by Stripe.
All customer account passwords are stored using one-way encryption algorithms. No passwords are ever stored on our site in plain-text.
The connection to our Site uses a valid, trusted server certificate. Our website is protected by an industry standard 128 bit TLS (Transport Layer Security) encryption.