Terms and Conditions

Welcome to Modcraft Australia Pty Ltd's (“Modcraft” or “Modcraft Australia” or “Company” or “us” or “we” or “our”) website (the “Site”). These Terms and Conditions of Use (“Terms”) outline the terms of our relationship with you the Customer. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them and all applicable laws and regulations.

Refunds and Returns

Modcraft Australia accepts returns on a vast majority of our products (in new, uninstalled condition and original packaging) within 30 days of receipt, for items that are defective, do not meet our quality guidelines or are not fit for purpose. We do not accept refunds for items for any other reason, including changing your mind, due to colour variations from screen image or variations in product colour or texture due to handcrafted elements to an item. We do not accept returns for wooden items due to natural wood variations in colour, or differences between the online colour and the colour when viewed offline. Refunds and credits will not be offered for made-to-order products. Please return in original, unmarked condition and packaging within 30 days for a full refund less freight and handling fees. It can take up to 15 days for us to process your refund, and we thank you for your patience.

Please complete the send your reason for return / refund through the contact page http://www.modcraft.com.au/contact/ to have your refund processed.

Damaged Goods

All claims for any damage and/or defect in the goods purchased by the Customer must be made to the Company in writing within 3 days of delivery of the goods otherwise the goods are deemed to be received in good order and condition. If your delivery arrives and the packaging is damaged, please inspect the items and do not accept them if they are damaged. Our delivery network takes the utmost care, but sometimes items are damaged in transit and the best option is to not accept the delivery and let us know.

Orders

Once an order is placed, if the Customer thereafter wishes to cancel or vary the order, the Customer shall be liable for any costs of manufacture incurred by the Company up to that point in time.

Payment Terms

We accept online payments securely via our website. Where we agree to grant you credit, the terms of payment are strictly thirty (30) days calculated from the date on which the goods were dispatched to you. A deposit will be required to start the manufacturing process.

Liability

You agree that Modcraft Australia Pty Ltd shall not be responsible or liable for any loss or damage of any sort incurred as the result of your improper use of our products or services.

Subject to availability; and
Without any liability on behalf of the Company for any delays.

Claims

Overdue Accounts

Any amount overdue for payment will bear interest at the rate of 1.5% per month from the date it becomes overdue until paid.

Retention of Title

Possession of the goods shall pass to the Customer at the time of delivery. Notwithstanding the above, title and ownership of the goods shall only pass to the Customer when the Customer has paid the Company all that is owing to the Company in respect of the goods. Until such payment is made, the Customer holds the goods as bailee for and on behalf of the Company. If the Customer fails to pay for the goods on time, such event shall entitle the Company, its servants or agents to retake possession of the goods and for that purpose the Company shall be entitled to enter upon the Customer'spremises without being liable for trespass. The Customer shall nevertheless be liable for any and all amounts still due to the Company by the Customer less the value of the goods that the Company attributes to the goods at the time of such repossession. The Company's determination of the value of the goods at that time shall be prima facie evidence of the fair market value of the goods at that time. Until the goods are paid for in full, the Customer shall;

Keep the goods on behalf of the Company fully insured against loss; damage and destruction;
Keep the goods clearly identifiable; and
Not grant any charge or mortgage over the goods or otherwise encumber the goods.

If the Customer sells the goods for which it has not made payment, it does so as the Company's agent and the proceeds of sale are held by the Customer on trust for the Company and the Customer will hold them in a separate account pending its accounting to the Company. The Customer must notify any financier or third party in favour of whom it grants a charge over the assets of its business that all of the Company's goods which have not been paid for by it do not constitute the Customer's property. Such financier or third party will be deemed to be subject to the Company's retention of title until the Company's goods are paid for in full.

Price

The Customer shall not be entitled to make any deduction in respect of the prices agreed to by the Company relating to any set-off or counter-claim by the Customer against the Company.

Recovery

Should it become necessary for the Company to institute legal action for recovery of any amounts due to it by the Customer, then the Customer specifically acknowledges and agrees that it shall be liable to the Company for all legal costs incurred by the Company on a solicitor and own client scale.

General

The Terms and Conditions of Trade may not be altered without our consent. Any alterations will be clearly marked and agreed to. Your non-adherence of any of the terms set out above does not in any way constitute an acceptance on our part or a waiver of our rights. These Standard Terms of Sale will be interpreted according to the laws of New South Wales and the courts having such jurisdiction in New South Wales. If any provision of the Terms and Conditions of Trade shall at any time become void, voidable or unenforceable, the remaining provisions shall nevertheless continue to be of full force and effect.

Copyright, Trademarks and Trade Names

Unless otherwise indicated, all logos, product names, product images, package designs, and marks on the Site are copyright, trademarks or service marks owned or used under license by us or our business partners. The use or misuse of any of these marks or other information is strictly prohibited.

No permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, modify, or create derivative works of these materials.

You may not use the materials for any commercial purpose, or for any public display (commercial or noncommercial); remove any copyright, trademark, or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server, except as permitted by law.

We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties. In addition, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of this content except as expressly provided in these Terms violates Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by your access to the Site.