The place on the website where we keep the fine print. If you have any questions or concerns, please reach out to us.

This Privacy Policy sets out our commitment to protecting the privacy of your personal information provided to us, or otherwise collected by us, offline or online, including through our website remodern.com.au and applications. In this Privacy Policy “we”, “us” or “our” means entities of Remodern Pty Ltd ACN 161 741 126. This policy gives a broad overview of our policies in relation to privacy but if you require further information, please contact us. You must read this privacy policy before providing us with any personal information or using the Site. By providing us with your personal information and using the Site, you are confirming your agreement to the policies and procedures described in this Privacy Policy.

COLLECTION OF PERSONAL INFORMATION

The types of personal information we may collect about you include:

  • Your contact details, including name, email address, and/or telephone number;

  • Your demographic information, including your mailing address and/or postcode;

  • Information we may require to confirm your identity, including your driver’s license number, passport details, business name, Medicare card;

  • Information that may assist us to confirm your financial position or credit history when you are considering a finance or credit arrangement, including your credit card details, bank details, purchase history or transaction details and loan and credit information where finance arrangements apply.

  • Details of products and services we have provided to you and/or that you have enquired about, and our response to you;

  • Your browser session and geo-location data, device and network information, statistics on page views and sessions, search queries and/or browsing behaviour;

  • Information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;

  • Additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts you permit us to collect information; and

  • Any other personal information requested by us and/or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties.

COLLECTION AND USE OF PERSONAL INFORMATION

We may collect, hold, use and disclose personal information for the following purposes:

  • To enable you to access and use our Site, associated applications and associated social media platforms;

  • To contact and communicate with you online and/or offline;

  • For internal record keeping and administrative purposes;

  • To consider your request for a product or service;

  • To enable us to provide a product or service to you;

  • To coordinate delivery of your goods

  • To set up your account with Remodern;

  • To facilitate and process your orders and payment

  • For analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;

  • To run competitions, offer additional benefits to you and/or to invite you to events hosted by Remodern;

  • For advertising and marketing, including sending promotional information about our products and services and information that we consider may be of interest to you;

  • As required by law; and

  • To consider your employment application.

DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

We may disclose personal information to:

  • Third-party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, maintenance or problem-solving providers, marketing or advertising providers, payment systems operators and other professional advisors;

  • Our existing or potential agents or business partners;

  • As required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;

  • Third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and

  • Third parties to collect and process data, such as [Google Analytics, MailChimp or other relevant businesses]. This may include parties that store data outside of Australia.

By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws. Where we disclose your personal information to third parties, we will request that the third party handle your personal information in accordance with this Privacy Policy.

YOUR RIGHTS AND CONTROLLING YOUR PERSONAL INFORMATION

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: You may choose to restrict the collection or use of your personal information.If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information. In certain circumstances, as set out in the Privacy Act 1988 (Cth), we may refuse to provide you with personal information that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

STORAGE AND SECURITY

Remodern is committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. Except to the extent at law, Remodern accepts no responsibility for the unauthorised access of personal information held by Remodern.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

COOKIES AND WEB BEACONS

We may use cookies on our Site from time to time. Cookies are text files placed in your computer's browser to store your preferences and to improve service when you revisit the Site. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

Learn more about cookies: https://cookies.insites.com

We may use web beacons (page tags and/or tracking pixels) on our Site from time to time. These are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, these can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

LINK TO OTHER WEBSITES

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information that you provide whilst visiting those websites. This Privacy Policy does not govern those websites.

AMENDMENTS

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.

CONTACT US

If you have any questions about our Privacy Policy, please contact us at:

Remodern Pty Ltd 
ABN 43 161 741 126
30 Viking Court, 
Cheltenham VIC 3192
+61 3 7064 4655
[email protected]

  1. General

    1. These Terms and Conditions of Use ("Terms") apply to this website, which is operated by Remodern Pty Ltd ACN 161 741 126 ("Remodern").

    2.  Please read these Terms carefully before using this website. By accessing or otherwise using this website, you declare that you have taken note of, and agree to be bound by, these Terms. If you do not accept one or more of the Terms, you should not use this website.

1.3               Remodern reserves the right to change these Terms by posting changes online. It is your responsibility to check these Terms regularly. Your continued use of this website after any changes are made to these Terms constitutes an acknowledgement and agreement by you that you accept and agree to be bound by these Terms and any changes made to them.

1.4               If you object to any of these Terms or any subsequent modifications your only recourse is to immediately discontinue your use of this website.

1.5               You are provided with a revocable and non-exclusive right to:

(a)               view the materials in this website;

(b)               access the materials in this website; and

(c)                use this website strictly in accordance with the provisions of these Terms.

1.6               You agree to comply with all laws when accessing and using this website.

1.7               Access to this website may be terminated at any time by Remodern without notice. These Terms will survive any such termination.

1.8               These Terms are governed by the laws in force in the state of Victoria in Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

1.9               If Remodern waives any rights available to it under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

1.10            If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, the remaining provisions of these Terms shall nevertheless continue in full force.

2.                  Intellectual Property

2.1               Unless otherwise stated in this website, the contents of this website are owned by Remodern. Remodern, the Remodern logo and, unless otherwise stated in this website, all product names and logos appearing in this website are among the trademarks and service marks owned by Remodern or other entities. Unless Remodern agrees otherwise in writing, you are provided with access to this website only for your personal use and are not conferred by implication, estoppel or otherwise any license to any patent, trademark, copyright or other intellectual property right except as provided in these Terms.

2.2               Except where such use constitutes fair dealing under the Copyright Act 1968 (Cth), no materials available on the Remodern website may be stored, transmitted by any means (including but not limited to electronic, mechanical, scanning, photocopying or recording) without prior written permission of Remodern. The modification, copying or incorporation intoany other work or part or all of the material available in this website in any form is prohibited save that you may:

(a)               print or download extracts of the material in this website for your non-commercial, informational and personal use (unless such printing or downloading is expressly prohibited); or

(b)               copy the material in this website for the purpose of sending it to individual parties for their personal information provided that you acknowledge Remodern as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.

3.                  Disclaimer and limitation of liability

3.1               The material in this website provides general information only. It is not intended as advice and must not be relied upon as such. The material has not been prepared by taking into account your individual circumstances or requirements. You should make your own inquiries and if necessary take independent advice tailored to your specific circumstances before making any decisions.

3.2               Remodern reserves the right to change, add or remove any material in or from this website without notice.

3.3               In general, Remodern believes that this website's links to publicly accessible third party pages is legally permissible and consistent with common customary expectations of those who use the internet. If any entity does not wish that this website links with their site, then Remodern will remove the link from this website upon their written request.  These linked websites do not form part of this website and are not under the control of Remodern or its related bodies corporate and neither Remodern nor its related bodies corporate have any responsibility for the content of any such hyperlink or linked website. If you follow a link to any such website, you leave this website and do so entirely at your own risk.

3.4               To the extent permitted by law, all implied conditions, warranties, guarantees and undertakings are expressly excluded and Remodern is not liable for any losses, costs, damages, liabilities, outgoings, payments, judgments, penalties and expenses ("losses") arising out of or in connection with:

(a)               any use of this website or any other website to which this website is linked;

(b)               any errors in or omissions from the material in this website;

(c)                any action or decision by you in reliance on the material in this website;

(d)               any use of the information contained in this website infringing any patent, trademark, copyright or other intellectual property right of any person; 

(e)               any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software; or

(f)                 any breach of contract by Remodern or any negligence of Remodern, its employees or agents,and you release Remodern from all claims, demands, actions and proceedings for such losses.

3.5               To the extent permitted by law, if Remodern is liable for a breach of a guarantee implied by the Australian Consumer Law then its liability for a breach of any such guarantee will be limited, at its option, to any one or more of the following:

(a)               in the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and

(b)               in the case of services: the supply of the services again, or the payment of the cost of having the services supplied again.

4.                  Use of information

4.1               If you upload or otherwise provide any information or content for the purpose of, or in the course of accessing or using this website, you agree that such information or content will be available to Remodern to use in any manner it thinks fit subject to applicable provisions of any legislation including (without limitation) privacy legislation. You should ensure that information or content you provide to Remodern is, at the time of provision, correct and not misleading and notify Remodern as soon as practicable when changes to the information or content are required. You must not upload or otherwise provide any information or content which you know or suspect is incorrect or misleading, or which is fraudulent, defamatory or offensive or which otherwise infringes the intellectual property, proprietary or other rights of others or otherwise violates any law. You agree to grant Remodern a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any information or content. You also agree to waive, and consent to any acts or omissions which would otherwise constitute an infringement of, any moral rights or similar rights you may have or may acquire in the future in that information or content in Remodern's favour.

4.2               By accessing this website, you consent to Remodern's Privacy Policy contained in this website.

Remodern Pty Ltd 
ABN 43 161 741 126
30 Viking Court, 
Cheltenham VIC 3192
+61 3 8552 8277
[email protected]

 

TERMS AND CONDITIONS OF SALE 

 

These terms of trade (Terms) are between Remodern Pty Ltd (ABN 43 161 741 126) (referred to as “Remodern”, “we”, “us” or “our”) and you, the organisation or entity that purchases goods from us (referred to as “you” or “your”), and collectively the Parties.  These Terms are available at www.remodern.com.au (Website). These Terms form the agreement under which we will supply the goods (Goods) to you. 

1            Orders and Quotations

1.1        You accept these Terms by placing an order for the Goods with us. 

1.2        You may seek a price for Goods of interest by sending an email or calling Remodern, outlining the Goods you request.

1.3        Remodern will provide you with a quotation or proforma invoice (as requested), unless otherwise agreed in writing.

1.4        Where Remodern has sent you a quotation, you must check your order details (including pricing, quantities and product information) before placing the order. If you confirm the order details are correct, you will be sent a proforma invoice.

1.5        All quotations are valid for 30 days from the date of issue.

1.6        Upon receipt of a proforma invoice, to place an order you must make payment in accordance with clause 2.2.  

1.7        Remodern may at its discretion accept or reject an order for any reason, including due to availability of Goods and ability to validate payment for the Goods. 

1.8        If Goods you have ordered are out of stock, Remodern will notify you and offer you the following options:

(a)         the ability to place the order on back-order, with an additional lead time;

(b)         substitute Goods (subject to availability); or

(c)         the ability to cancel your order or the affected part of your order. 

2            Payment Terms

2.1        You must pay the purchase price specified on the quotation or invoice, plus any applicable delivery charges based on the delivery options selected by you.

2.2        Unless otherwise agreed in writing, for all orders, a 50% deposit of the purchase price is payable to commence processing your order, and the balance of the price is due once Remodern advises you that the Goods are ready for dispatch. All Goods must be paid in full and funds cleared prior to dispatch, unless otherwise agreed to by Remodern in writing.

2.3        Custom made Orders: Unless otherwise agreed in writing, all custom made orders must be paid in full and up front before your order will be processed. This applies to account as well as non-account customers. Where you have requested custom made Goods, the fees for this customisation will be specified on the quotation.

2.4        If amounts owing are unpaid for 7 days after payment is due, Remodern will suspend any outstanding delivery or terminate our agreement with you, seek damages for breach of contract and, at your cost, may engage debt collection services for the collection of unpaid and undisputed debt.

General

2.5        All amounts are stated in Australian dollars (AUD).  You agree to pay us in AUD according to these Terms and in accordance with any payment terms on the quotation or invoice. 

2.6        All prices unless otherwise stated exclude Australian GST (where applicable). You agree to pay the GST amount on Goods.

2.7        Remodern accepts payment by cash, Visa, Mastercard, PayPal, and direct bank transfer.

2.8        All credit card payments incur a surcharge of 1.8%. Payments made via PayPal incur a surcharge of 3.6%. 

2.9        Remodern uses the latest BPOINT secure card payment collection portal provided by the Commonwealth Bank of Australia (CBA). Whilst we use the latest technology and secure payment gateway (BPOINT), we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.   

2.10      All pricing is ex warehouse from our Cheltenham Victoria location.

2.11      Your tax invoice will be sent to you when the Goods you have ordered have been dispatched. Your tax invoice is proof of purchase and is required for warranty claims.

2.12      Unless otherwise stated in writing, the prices stated in a quotation or invoice exclude delivery, installation, insurance in transit, packaging and handling charges. 

2.13      Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The pricing changes will apply to you for Goods ordered by you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our Website or are provided to you, whichever is earlier.

3            Cancellation: 

3.1        Unless otherwise agreed by Remodern in writing, Remodern does not allow cancellation of orders, including for custom made Goods, or Goods that have gone into production. 

3.2        To avoid doubt, Remodern generally does not offer cancellation of orders, but may approve a cancellation where the Goods ordered are in stock, and where the Order has not yet been dispatched.  If Remodern approves your cancellation, the deposit paid is non-refundable.

4            Lead Times:

4.1        When you place an order, Remodern will advise you on product availability, lead times, and any potential delays. Once your order has been confirmed, and again when your Goods have been dispatched, Remodern will provide you with an estimated delivery date.

4.2        Please contact Remodern for current lead time estimates. ‘Stocked Items’ (described on the Website) are usually in stock and can generally be dispatched within 3 business days from the date of your order. For indent items, the lead time is usually 10-15 weeks from the date of your order. 

4.3        Your failure to provide all relevant information (including the accessibility of your delivery address) may impact or delay lead times.

4.4        For non-account customers, estimated lead times commence on the receipt of your deposit, and your Goods will be dispatched once the payment of the order has been made in full.  

4.5        Remodern will make reasonable efforts to comply with your requested times of delivery of Goods. However, Remodern cannot guarantee the time of delivery of the Goods and we will not be liable for any losses or damage arising out of the delay of delivery of the Goods. 

5            Delivery 

5.1        Location: Subject to the coverage and availability of our deliver partners, Remodern delivers Australia-wide and internationally.  

5.2        Cost: The cost of delivery for the Goods you order will be determined at the time you place an order and will depend on your delivery location (whether in Australia or internationally) and the type of delivery as set out in clause 5.3 below. Your quotation or invoice will outline the type of delivery service that Remodern will provide to you.

5.3        Delivery services:

(a)         Remodern offers standard delivery, which is quoted based on a single delivery per order, to a ground floor location, with unrestricted site access, during business hours, Australia wide. If these conditions are not met, further charges may apply. You must advise Remodern of any access limitations at the time of placing an order. 

(b)         Remodern offers premium delivery subject to your location, which includes the unpacking and assembly of Goods, as well as rubbish removal. Premium delivery does not include installation if applicable. 

5.4        Change: If you require that your order be redirected to an alternative address, you may be charged an additional fee. 

5.5        Delivery dates: Delivery dates are estimates only and Remodern excludes liability for failure to deliver the Goods within the specified time resulting from shipment or delivery delays. Deliveries will occur between 9am-5pm on Monday-Friday (excluding public holidays). Exact delivery times cannot be provided.

5.6        Collection: Where pre-agreed by Remodern, Goods may be collected during business hours from Remodern in Cheltenham, Melbourne, Australia by appointment. 

5.7        Delivery within Australia: For deliveries by third party freight and courier companies, if neither you nor your authorised representative is at the delivery address at the time of delivery, alternative arrangements will need to be made directly with the carrier, guided by the tracking information supplied. Please note additional re-delivery costs may apply. For deliveries of Goods by Australia Post, if neither you nor your authorised representative is at the delivery address to accept delivery, a card will be left at the delivery address and your order will be taken to the nearest Australia Post Office for you to collect. 

5.8        International delivery:  It is your responsibility to pay all customs and import duties that may arise for international sales. Once dispatched, Remodern is not responsible for any payment of duties or taxes, which may be required for the Goods to be released to you. Remodern will not be liable for any customs-related delays. You may be required to sign for delivery. If you are not available to take delivery, a calling card will be left at your delivery address. It is your responsibility to follow the instructions for the Goods to be redelivered. Please note additional re-delivery costs may apply. Delivery fees for international delivery does not include unpacking of Goods, rubbish removal, assembly or installation; these are your responsibility and you may not request this service. 

5.9        Accessibility: You are responsible for ensuring that there is adequate access and entry to your premises to facilitate the delivery of Goods. You will be liable for all additional costs where our delivery providers are inhibited or unable to deliver your Goods, where your delivery instructions are incorrect, or where your delivery address or premises is inaccessible (including the inability to fit the Goods in a lift or where stair access is too tight), and where alternative arrangements for delivery have not been pre-agreed.

5.10      Storage: Storage is included within the first two weeks once your Goods have arrived at Remodern’s warehouse, or are ready to dispatch and we have notified you of this. Remodern will not store any Goods where the price for the Goods, or any storage fee due and owing, has not been paid. Unless otherwise agreed, where any of the following occurs, we may store the Goods and charge a storage fee of $200 per order, per week (or part thereof):

(a)         you fail to collect Goods within the first two weeks once your Goods are ready for collection (where we pre-agreed that you would collect Goods); 

(b)         you or your authorised representative are not at the delivery location to take delivery of the Goods;

(c)         you have requested for a delay in delivery; or 

(d)         we have attempted to deliver Goods and cannot, including for the reasons listed in clause 5.9.  

5.11      Delivery partners: Remodern uses third party delivery companies to deliver your order. By placing an order for Goods, you agree that your contact details and delivery address will be provided to our delivery partner. 

5.12      Risk: Subject to clause 6, risk in the Goods shall pass to you when the Goods have been dispatched for delivery or have otherwise left Remodern’s premises. You agree that from dispatch you are responsible for loss, damage or theft of the Goods, including if the Goods are left at your delivery address without you or your authorised representative signing for delivery, you may wish to take out insurance for transport or collection. 

5.13      Title: Title in the Goods will not pass to you until your payment has been processed or otherwise received by us. If your payment is declined for any reason, Remodern reserves the right to reclaim the Goods from your possession, custody or control even if they have been delivered to you, installed, or moved from the delivery address, and where this happens, we reserve the right to keep or sell the Goods. 

5.14      Installation: Remodern does not provide installation services in relation to the Goods.

6            Inspection and Acceptance:

This clause 6 applies where Remodern is providing delivery of Goods; it does not apply where you have arranged for your own delivery of Goods. This clause only applies to damage to Goods during transit. 

6.1        You agree to immediately inspect the Goods once you receive them. You will be provided with a Proof of Delivery form to fill out and you agree to return this Proof of Delivery form to us, confirming that you have received the Goods and that you are satisfied that they are in the condition advertised to you, including, in the case of ex-display or sale items, in the condition described.

6.2        In the event Goods are damaged during delivery, you must notify Remodern by email at [email protected], notifying Remodern of any issues with the Goods within 24 hours of receiving the Goods.

6.3        If notifying Remodern of any damage, you will be required to provide an original receipt of purchase and send photographic proof displaying the damage. Any such photographs must be taken prior to assembling the Goods (if applicable). Remodern will conduct an assessment to determine if the Goods have been damaged in transit. Where Remodern determines (at its absolute discretion) that the Goods were damaged in transit organised by Remodern, it will arrange for return delivery of the Goods. 

6.4        Remodern offers replacement (subject to stock availability), repairs or refunds, where we determine (at our absolute discretion):

(a)         you have filled out a Proof of Delivery form outlining any damage to the Goods immediately upon receiving the Goods;

(b)         the Goods have not been used, tampered with, altered, connected, installed, or attempted to be connected or installed; and

(c)         subject to clauses 6.4(a) and 6.4(b)the Goods are in their original condition.

6.5        To avoid doubt, the remedies available in clause 6.4 are not available to you where:

(a)         you have not notified Remodern in accordance with clauses 6.2 and 6.3; or

(b)         you have indicated in the Proof of Delivery form that the Goods have been ‘received in good condition’.

6.6        Nothing in this clause attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. 

7            Light fittings:

7.1        Where lighting is supplied, Remodern takes no responsibility for the suitability of the fitting in the country of destination outside Australia.

7.2        Remodern does not provide the installation of any light fittings, nor the installation or replacement of faulty fittings. 

7.3        Remodern does not take responsibility for system design, application or circuitry compatibility with proposed systems such as CBUS, DALI, 2-way switching, dimming. It is your responsibility to seek professional advice from a qualified electrician regarding product suitability and system design.

7.4        All light fittings include globes and transformers where applicable. All globes and transformers are consumable items and, subject to your rights under the Australian Consumer Law, Remodern makes no warranties or guarantees in relation to faulty globes or transformers. 

8            Material Variation:

8.1        You acknowledge and agree that:

(a)         products made from materials, such as concrete, terrazzo, lava stone, marble, glass, steel or timber will have varying colours, grains and natural imperfections;

(b)         all drawings, dimensions, descriptions and specifications are intended as a guide only;

(c)         digital and printed sources are representative only and colour and finishes may vary to the actual Goods received;

(d)         colour and finishes changes and variations may occur over time, due to UV exposure and wear and tear;

(e)         all samples are indicative only as small variations may occur in different production lots, including in respect of size variations, and colour and texture variations; and

(f)          slight variations, including those addressed in this clause 8 are to be expected and will not be accepted as faults or defects, nor will they be grounds for repair, replacement or refund in line with the clause 10 (Warranty). 

9            Australian Consumer Law

9.1        This clause applies where you are a “consumer” under the Australian Consumer Law (ACL). You may not be a consumer under the ACL where you purchase Goods for resale. 

9.2        Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the ACL.

9.3        Where you return products to us to seek an ACL remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to our Cheltenham warehouse.

9.4        Where your claim is a valid claim under the ACL, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

10         Returns

10.1      Remodern generally does not offer change of mind returns or exchanges. However, Remodern may offer an exchange (subject to stock availability) or a credit note for change of mind in its sole discretion, where Remodern determines:

(a)         you have provided proof that you purchased the Goods within 14 days prior to the request for exchange or a credit note;

(b)         the Goods are in their original condition and have not been opened, used, connected, installed or attempted to be connected or installed;  

(c)         the Goods are in their original undamaged packaging; and

(d)         the Goods are not custom-made.

10.2      Where Remodern approves an exchange or credit note in accordance with clause 10.1:

(a)         a restocking fee calculated as 25% of the price of the Goods will be invoiced to you and must be paid prior to the exchange or credit note is fulfilled by Remodern; and

(b)         Remodern will not cover the costs of return delivery or re-delivery. You must cover these costs yourself. 

11         Warranty:

11.1      In Australia, our Goods come with guarantees which 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 Goods fail to be of acceptable quality and the failure does not amount to a major failure. 

11.2      In addition to any other rights you may have under the Australian Consumer Law we warrant to you that the Goods we supply to you will be free from Defects for the timeframe set out in clause 11.4 (Warranty) starting from the date we dispatch the Goods to you. Our Warranty applies to any fault, error or defects in the Goods described in clause 11.4(Defect).

11.3      Our Warranty is only offered to the original purchaser of Goods. 

11.4      If within:

(a)         1 year after the date of purchase of lighting products (excluding consumables like transformers or globes); 

(b)         1 year after the date of purchase of all “objects” as described on the Website; or

(c)         2 years after the date of purchase of furniture,

you believe you have Goods the subject of a Defect, you must stop using the Goods. You must  email Remodern at the address below, along with a photo and description of the Defect, proof of purchase, invoice number, and the location of the Goods.  We may request additional evidence of the Defect. We may arrange for the relevant Goods to be collected, usually within 5 business days of your claim. Alternatively, we may instruct you to transport the Goods to us, and you must adequately package any Goods in original packaging, along with any installation manuals, to ensure they are not damaged during return delivery to our warehouse. When we collect or receive the Goods, we will assess the alleged Defect and make a determination as to whether the claim is valid under our Warranty. 

11.5      If your claim is successful under our Warranty, we will, at our own cost, repair or replace the Goods (the decision of whether to repair or replace is at our sole discretion); or if we are unable to repair or replace the Goods, we will offer you a choice of a replacement or refund. Standard lead times apply. Where you paid for transportation costs to seek a claim under our Warranty, and your claim is successful, we will reimburse those costs. Where we provide a refund for a successful claim, it will be to the same payment method originally used to purchase the Goods, and where you originally paid in cash, we will seek your payment details to make the refund electronically. Where your successful Warranty claim relates to light fittings, Remodern does not cover the cost of site labour associated with installation or replacement of faulty fittings. 

11.6      The following damage is not covered by our Warranty: 

(a)         discounted or clearance Goods;

(b)         defects arising from accidental damage, misuse, abnormal stress or strain;

(c)         normal wear and tear, discolouration, aesthetic blemishes;

(d)         material variations described in clause 8;

(e)         pre-existing issues or marks noted on your quotation or invoice in regards to ex-display Goods; 

(f)          globes or transformers in any lamps or light fittings; 

(g)         misuse or incorrect use of the Goods; 

(h)         improper installation or assembly. Where Remodern finds light fittings faulty due to incorrect installation, the cost of any replacement and parts will be invoiced to you; 

(i)          installation by an unqualified electrician; 

(j)          use of improper cleaning solutions or methods on the Goods; 

(k)         improper use or installation of light bulbs; 

(l)          Goods exposed to the elements or inappropriate physical or environmental conditions; 

(m)       Goods that are inappropriately positioned; 

(n)         custom-made Goods; 

(o)         incorrect storage or handling of the Goods; and

(p)         failure to follow any care instructions.

12         Intellectual Property

12.1      Intellectual Property includes but is not limited to:

(a)         all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;

(b)         all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and

(c)         all work product developed in whole or in part by Remodern.

12.2      Remodern owns or licenses all Intellectual Property rights in the Website, Goods and branding, as between us and you. The Goods contain material which is owned by or licensed to us and is protected by Australian and international laws.

13         Liability: 

13.1      Exclusions: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any liability caused or contributed to by (whether directly or indirectly):

(a)         costs associated with the installation, removal, de-installation, re-installation or restoration on any faulty or damaged Goods;  

(b)         the Website being unavailable; 

(c)         the acts or omissions of you or your personnel;

(d)         the Goods being unsuitable for your particular purposes; or

(e)         the system design or application of the Goods.

13.2      Limitations: Despite anything to the contrary, to the maximum extent permitted by law:

(a)         neither Party will be liable for any consequential, special or indirect loss, damage or expense including any real or anticipated loss of revenue, loss of profit, loss of use, loss of occupation, loss of benefit, loss of financial opportunity, loss or damage relating to business interruption, including due to defective Goods, and including due to the late or delayed delivery of the Goods; and

(b)         our maximum aggregate liability arising out of or in connection with the Goods or these Terms will be limited to us resupplying the Goods to you or, in our sole discretion, to us repaying you the price you paid for the Goods the subject of the liability. 

13.3      This clause will survive termination of these Terms.

14         General:

14.1      Accuracy and disclaimer: While we endeavour to keep the information on the Website up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, goods, services, or related graphics contained on the Website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the maximum extent permissible by law.

14.2      Assignment: You must not assign any rights and obligations under these Terms, whether in whole or in part, without Remodern’s prior written consent. 

14.3      Confidentiality: Both Parties must (and must ensure that their personnel) keep confidential, and not use or permit any unauthorised use of, the other Party’s Confidential Information. Confidential Information includes information which: (i) is disclosed to the recipient in connection with these Terms at any time; (ii) is prepared or produced under or in connection with these Terms at any time; (iii) relates to the discloser’s business, assets or affairs; or (iv) relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms, whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the recipient receives that information. 

14.4      Disputes: Neither Party may commence proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other Party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). 

14.5      Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

14.6      Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control (including but not limited to epidemics, pandemics, and Government sanctioned restrictions and orders, whether known or unknown at the time of entering these Terms. 

14.7      GST: If and when applicable, GST payable on our Goods will be set out in our invoice. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.

14.8      Jurisdiction and governing law: These Terms are governed by the laws of Victoria, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

14.9      Loan items: At our discretion, in certain instances, Remodern may loan items to stylists for photoshoots. Stylists are required to sign a loan agreement (separately to these Terms) which includes details of the loan arrangement, and fees payable for damaged items.

14.10   Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the Party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other Party.

14.11   Privacy: All personal information shared with us in connection with these Terms is dealt with in accordance with our Privacy Policy. 

14.12   Relationship of Parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee. 

14.13   Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Remodern Pty Ltd 
ABN 43 161 741 126
30 Viking Court, 
Cheltenham VIC 3192
+61 3 8552 8277
[email protected]

Customers who have purchased products Remodern and experience product failure within the manufacturer warranty period may be entitled to make a warranty claim to cover the costs of repair or replacement of the product.

 

Our Goods come with guarantees which 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 Goods fail to be of acceptable quality and the failure does not amount to a major failure. 

 

In addition to any other rights you may have under the Australian Consumer Law we warrant to you that the Goods we supply to you will be free from Defects for the timeframe set out in clause 1.1 (Warranty) starting from the date we dispatch the Goods to you. Our Warranty applies to any fault, error or defects in the Goods described in clause 1.1 (Defect).

1.1           Our Warranty is only offered to the original purchaser of Goods. 

1.2           If within:

(a)            1 year after the date of purchase of lighting products (excluding consumables like transformers or globes); 

(b)            1 year after the date of purchase of all “objects” as described on the Website; or

(c)             2 years after the date of purchase of furniture, 

           you believe you have Goods the subject of a Defect, you must stop using the Goods. You must  email Remodern at the address below, along with a photo and description of the Defect, proof of purchase, invoice number, and the location of the Goods.  We may request additional evidence of the Defect. We may arrange for the relevant Goods to be collected, usually within 5 business days of your claim. Alternatively, we may instruct you to transport the Goods to us, and you must adequately package any Goods in original packaging, along with any installation manuals, to ensure they are not damaged during return delivery to our warehouse. When we collect or receive the Goods, we will assess the alleged Defect and make a determination as to whether the claim is valid under our Warranty. 

1.3           If your claim is successful under our Warranty, we will, at our own cost, repair or replace the Goods (the decision of whether to repair or replace is at our sole discretion); or if we are unable to repair or replace the Goods, we will offer you a choice of a replacement or refund. Standard lead times apply. Where you paid for transportation costs to seek a claim under our Warranty, and your claim is successful, we will reimburse those costs. Where we provide a refund for a successful claim, it will be to the same payment method originally used to purchase the Goods, and where you originally paid in cash, we will seek your payment details to make the refund electronically. Where your successful Warranty claim relates to light fittings, Remodern does not cover the cost of site labour associated with installation or replacement of faulty fittings. 

1.4           The following damage is not covered by our Warranty: 

(a)            discounted or clearance Goods;

(b)            defects arising from accidental damage, misuse, abnormal stress or strain;

(c)             normal wear and tear, discolouration, aesthetic blemishes;

(d)            material variations described in clause 8;

(e)            pre-existing issues or marks noted on your quotation or invoice in regards to ex-display Goods; 

(f)             globes or transformers in any lamps or light fittings; 

(g)            misuse or incorrect use of the Goods; 

(h)            improper installation or assembly. Where Remodern finds light fittings faulty due to incorrect installation, the cost of any replacement and parts will be invoiced to you; 

(i)              installation by an unqualified electrician; 

(j)             use of improper cleaning solutions or methods on the Goods; 

(k)            improper use or installation of light bulbs; 

(l)              Goods exposed to the elements or inappropriate physical or environmental conditions; 

(m)           Goods that are inappropriately positioned; 

(n)            custom-made Goods; 

(o)            incorrect storage or handling of the Goods; and

(p)            failure to follow any care instructions.

 

Remodern Warranty Contact Details

Remodern Pty Ltd 
ABN 43 161 741 126
30 Viking Court, 
Cheltenham VIC 3192
+61 3 7064 4655
[email protected]

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