Terms & Conditions

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GENERAL

  • This agreement is formed between you and Living Modern Styles Pty Limited ACN 605 613 750 (“Living Modern Styles”, “us”, “we”, or “our”), of 7 Cordyline loop, Jordan Springs, NSW 2747, Australia.
  • The terms and conditions contained in this agreement sets out your obligations and our obligations when using Living Modern Styles ordering service and delivery service (“the Services”) through the website www.livingmodernstyles.com.au (“the Site”).
  • By making the payment to LIVING MODERN STYLES PTY LTD, you agree to all our terms and conditions available in our website and also your invoice. These terms and conditions may be changed at anytime without prior notice.
  • We may amend this agreement from time to time and you should review this agreement from time to time. If you continue to use the Services following any amendment to this agreement, this constitutes your acceptance of the new terms and conditions applying to the Services.
  • If there are any additional conditions in relation to the Services, contained in other website pages on the Site, these will be incorporated into and will form part of this agreement, unless those additional conditions conflict with these terms and conditions. You must read all information available on the product information page of any item or product you intend to order before placing an order through the Services.

PLACING ORDERS

  • You may use the Site and the Services to place orders to purchase items or products displayed on the Site.
  • By placing an order with the Service, you make an offer to us to purchase the items or products that you have selected under the terms and conditions of this agreement, at the price displayed.
  • We reserve the right to accept or reject your offer for any reason including, but not limited to:
    • The availability of the item or product;
    • an error in the price or item or product description;
    • an error in your order

PRICE AND GST

  • The prices of any product displayed on the Site, delivery, and any other charges are in Australian dollars only (AUD$).
  • We reserve the right to change the prices for any item or product displayed on the Site from time to time.
  • The prices for any item or product displayed on the Site do not include delivery charges or any other charges.
  • All prices, including prices for any item or product displayed on the Site, delivery, and any other charges include GST.

PAYMENT

  • You must pay to us the purchase price of the items or products that you have ordered including any other applicable fees or charges, such as delivery charges, as set out in our tax invoice.
  • We accept payment by credit card (Visa and MasterCard) only, direct bank deposit, internet transfer, money order, or Bank cheque.
  • We will not process your order until we have received full and cleared payment from you. Please note that payment via direct bank deposit, internet transfer, or Bank cheque may take several days to be processed.

DELIVERY

  • Subject to the terms and conditions of this agreement, we will supply to you the items and products indicated in your order confirmation.
  • We will withhold delivery of any item or product until you have paid everything owing to us. Please note that payment via direct bank deposit, internet transfer, or cheque may take several days to be processed.
  • We will use best endeavors to deliver to you the products on or before the delivery date indicated in your order confirmation; however you acknowledge that the delivery date indicated in your order confirmation is an estimate only.
  • We will deliver the items or products indicated in your order confirmation to the address nominated to us for the delivery of your product, as provided by you when you use the Services (“the Delivery Address”).
  • If you have registered an “Authority to Leave” with either us or our deliveryman, the items or products shall be delivered to the Delivery Address noted on your “Authority to Leave” document, and shall be left there in accordance with your instructions.
  • Unless otherwise stated, we will deliver large or bulky items or products (for example, large furniture, white goods) to the front door of the ground floor only. The packing will not be taken away by the driver. Please note that the delivery people are unable to unpack or assemble the product. Minor problems which occur during transportation will not be covered by our warranty policy
  • We reserve the right to charge you for any additional costs incurred in the re-delivery of the item or products indicated in your order confirmation if:
    • after confirming the delivery date with you, there is no person at the Delivery Address to receive the item or product or no person at the Delivery Address that is able to sign any consignment note indicating that the item or product has been received;
    • Through no fault of our deliveryman, our deliveryman is not able to unload or deliver the item or product ordered to the Delivery Address;or
    • The Delivery Address is incorrect.
  • If an item or product is to be collected or we are not able to deliver the item or product due to your unavailability, if the item or product is not collected from our office or warehouses within 14 days of the sale, we reserve the right to either dispose of or sell the item on terms that we determine to be reasonable. If this occurs, we shall refund to you the proceeds of the sale, less our storage costs of $5.00 per day of storage, our administrative fees of $30.00, and/or any delivery costs incurred by us.

SHIPPING

  • We currently deliver to Sydney and surrounding areas or you can organize pick up free of charge from our office in Jordan springs NSW 2747
  • We may not be able to organize delivery during busy season in which case customers will be informed before purchasing any of our products.
  • We will give you a 3 days notice and provide you with the delivery date.
  • If you have registered an “Authority to Leave” with either us or our deliveryman, the risk in the items or products delivered will pass to you at the time that the items or products are delivered to the address noted on the “Authority to Leave” in accordance with the instructions contained on your “Authority to Leave”.
  • The risk in any items or products collected by you from our premises will pass to you when you collect the items or products.

WARRANTIES

  • These products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the products fail to be acceptable quality and the failure does not amount to a major failure.
  • Any additional warranties offered for a particular item or product displayed on the Site will appear on that product’s product information web page.
  • The warranties given to you under this agreement are in addition to any other statutory rights, remedies, conditions, or warranties, and nothing in this agreement excludes the application of those statutory rights, remedies, conditions, or warranties.If you wish to make a claim for the breach of any warranty, including any breach of any additional warranty, you must:
    • Notify us in writing; and
    • Provide us with proof of purchase.

    You may also contact us in relation to your warranty claim at our telephone number at ********** or our e-mail address at ***********************.com.au.

  • Following a receipt for your claim under this warranty, we will assess your claim and will send to you a returns advice form that will advise you where the items or products must be returned to.
  • If we send to you a returns advice form and do not receive a response from you or receive the returned items or products from you within 14 days, you will not be entitled to reject the items or products, subject to any rights you may have under the Australian Consumer Law.
  • Following the receipt of your claim under this warranty and/or the return of your items or products, we will assess your claim and if we determine that your claim is valid:
    • if the products can be repaired and the failure to comply with the warranty is not a major failure, we will, at our discretion, either repair the defect, replace any defective part of the defective product, or replace the defective product; and
    • if the products cannot be repaired or the failure to comply with the warranty is a major failure, you may reject the products, return the products (if you have not done so already), and at your election, seek the replacement of the products, the repair of the products, or a refund of any money you have paid for the product.
  • If, in accordance with the warranty under this agreement, a repair is approved for the item or product and that repair may be effected by the simple replacement of a particular part or component of the item or product, then we may, at our discretion, send you the replacement part or component to repair the item or product, at our own cost.
  • If any item or product is returned to us for refund, repair, or replacement, you must return it to us, at your own cost, and ensure that the item or product is properly packaged to prevent any damage during transit. We will not be responsible for any damage to the item or product during transit.
  • If, after examining or assessing the item or product, we determine that there has been no breach of our warranty:
    • we reserve the right to charge you for any reasonable costs incurred in the examination or assessment of any item or product, including but not limited to any costs incurred in sending an on-site technician to examine or assess the item or product; and
    • we reserve the right to charge you for any re-delivery costs incurred to return the item or product to you.

EXCLUSION OF WARRANTIES

  • To the extent permitted by law, the warranties provided in clause 10 does not apply where our products have been subjected to:
    • Miss use, abuse, neglect, or accident; and/or
    • Alteration or improper alteration by the Client or any other third party; and/or
    • Non-observance with use and maintenance instructions; and/or
    • Damage occur due to natural disaster like Fire, Flood, Earthquake etc or malfunction due to normal use or fair wear and tear, such as the discoloration of glass frosting, or color fading. CUSHIONS AND CUSHION COVERS ARE NOT INCLUDED IN OUR ONE YEAR WARRANTY

7 DAY MONEY BACK GUARANTEE

  • All our items or products come with a seven (7) day money back guarantee (“the 7-day Money Back Guarantee”). If you, for any reason whatsoever, are not satisfied with the item or product supplied to you, you may, within seven (7) days of the item or product being delivered to you, return the item or product to us for a full refund of the purchase price of the item or product. The full refund of the purchase price of the item or product does not include fees paid for any delivery, shipping, or handling charges.
  • If you exercise your rights under the 7-day Money Back Guarantee, you:
    • must notify us in writing of the exercise of your rights under the 7-day Money Back Guarantee and return the item to us within seven (7) days of the item or product being delivered to you;
    • Must provide us with proof of purchase;
    • Must return the item or product to us in its original condition and in its original packaging;
    • must return the item or product to us at your own cost; and
    • Are not entitled to make any claim for the breach of any warranty.
  • If we determine that an item or product delivered to you has been damaged during the delivery process:
    • We may, at our discretion refund, repair, or replace that item or product; and
    • If the item or product is to be returned to us, we will organize for the collection of the item or product from the Delivery Address.
  • If we have determined that an item or product delivered to you has been damaged during the delivery process and that repair may be effected by the simple replacement of a particular part or component of the item or product, then we may, at our discretion, send you the replacement part or component to repair the item or product, at our own cost.
  • If any item or product is returned to us for refund, repair, or replacement, you must return it to us in its original condition, along with all original packaging.
  • If you or our deliveryman provides to us a signed delivery or consignment note that does not indicate that the item or product was received in a damaged condition:
    • We reserve the right to refuse to refund, repair, or replace the returned product;
    • We reserve the right to charge you for any collection and re-delivery costs incurred in collecting the item or product from you and/or returning the item or product to you.

LIMITATION OF LIABILITY AND INDEMNITIES

  • If you have registered an “Authority to Leave” with either us or our deliveryman, we will not be liable for any loss, expenses, costs or any special, incidental, or consequential damages arising out of our compliance with your instructions contained on that “Authority to Leave”.
  • We will not be liable for any loss, expenses, costs or any special, incidental, or consequential damages arising out of or in connection with the use of the Services or the sale of any item or product.
  • We will not be liable for any loss, expenses, losses, costs, consequential losses, or direct or indirect damage suffered by you where your credit card has been fraudulently used or has been used in an unauthorized manner.
  • Our maximum liability for any item or product supplied to you is limited to a maximum total aggregate sum of the amount payable by you in respect to the item or product in question.
  • You will at all times indemnify us from any claims, loss, damage, liabilities, expenses, costs or demands including legal fees made by any third party due to or arising out of a breach of this agreement by you or arising out of your negligent act or omission.

PRIVACY

  • Our privacy statement is available on the Site and we will use all reasonable efforts to ensure that any information or data collected from you is stored and used in accordance with this privacy statement.
  • Being customer with us for the use of the Services you agree that we may store, process, and use any information or data collected from you in accordance with our privacy statement.

INTELLECTUAL PROPERTY

  • We reserve all intellectual property rights including but not limited to any trademarks and copyright in material and/or services provided by us.
  • Nothing in this agreement permits you or gives you any rights to use any of our marketing materials, copyrighted material (including website layout), trademarks, business names, logos, photographs, or domain names.
  • Any trademarks used on the site belonging to third parties are used with permission and remain the intellectual property of such third party. Any product pictures on this website is provided by suppliers and manufacturers and such product pictures been used by website designer company just for website layout only.

OTHER IMPORTANT MATTERS

  • We will not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
  • If any part of this agreement is found to be void, unlawful or unenforceable, then that part shall be deemed sever able from the balance of this agreement and the severed part will not affect the validity and enforce ability of any remaining provisions.
  • This agreement is governed by and will be construed according to the law of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the Courts of the State of New South Wales in relation to any dispute under or about this agreement.