TERMS & CONDITIONS
About the Website
1.1. Welcome to www.modesteyes.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2. The Website is operated by . Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Modest. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the site, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
1.3. Modest reserves the right to review any of the Terms by updating this page at its sole discretion. When Modest updates the Terms, it will provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Modest in the user interface.
Purchase of Products and Returns Policy
5.3. Following payment of the Purchase Price being confirmed by Modest, you will be issued with a receipt to confirm that the payment has been received and Modest may record your purchase details for future use.
5.4. Modest may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition with the tags on. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
6.1. Modest 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 of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
6.2. You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 30 days from the date of purchase (the 'Warranty Period').
6.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Modest showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Modest Eyewear by email at email@example.com.
6.4. Where the Warranty Claim is accepted then Modest Eyewear Co will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by Modest and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
7.1. You acknowledge that the Purchase Services offered by Modest integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers'). 7.2. In providing the Purchase Services, Modest may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Modest is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.3. In the event that an item is lost or damaged in the course of the Delivery Services, Modest asks that you: (a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and (b) contact us by sending an email to firstname.lastname@example.org outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of Modest are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Modest or its contributors.
8.2. Modest retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright Modest Eyewear Co; or (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of Modest and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
10.1. You acknowledge that Modest does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
10.2. Modest will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
10.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.4. Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and (b) Modest we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.5. Use of the Website, the Purchase Services, and any of the products of Modest (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of Modest are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Modest (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Modest) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products; (d) the Content or operation in respect to links which are provided for the User's convenience;
Limitation of Liability
11.1. Modest's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Modest is the resupply of information or Purchase Services to you.
11.2. You expressly understand and agree that Modest, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11.3. Modest is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Modest, by third parties or by any of the Purchase Services offered by Modest.
11.4. You acknowledge that Modest does not provide the Delivery Services to you and you agree that Modest will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
13.1. You agree to indemnify Modest, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or (c) any breach of the Terms.