Terms of use

 

These are the terms of use and sale (the “Terms”) for your use of the sites owned, controlled and managed by Modu International Pty Ltd ( “Modu”), including www.modubeauty.com. We may add additional sites from time to time as we expand our service offerings and these Terms will govern those new sites when added.

 

You may be accessing our Sites from a computer or a mobile device. These Terms govern your use of our Sites and your conduct, regardless of the means of access. You may be using our interactive services (“Interactive Services”), and any services which Modu may introduce from time to time. These Terms shall govern your use of the interactive services. This shopping platform is not for shoppers resident in the European Union.

 

 

We request that you read these Terms and our Privacy Policy carefully before accessing or using our Sites, or purchasing any products through the Sites. If you have any questions in relation to browsing and shopping online with Modu, please contact us through our email: modubeauty@gmail.com. 

 

By using the Sites, you agree to these Terms, and the provisions of our Privacy Policy, FAQ, Guidelines and Rules (the "Modu Terms"). Modu reserves the right to change or modify any of the terms and conditions contained in the Modu Terms in its sole discretion from time to time at any time, or upon notice as required by applicable laws. If Modu decides to change the Modu Terms, Modu will post a new version on the Sites and update the date set forth above. Any changes or modifications to the Modu Terms will be effective upon posting of the revisions. The Modu Terms that will apply to any orders placed through our Sites are the Modu Terms that apply at the time you place the order. Your continued use of the Sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications. If you do not agree with the Modu Terms or the changes or modifications, you must immediately cease using the Sites. For this reason, you should frequently review the Modu Terms and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

 

 

ELIGIBILITY

 

1.1 To be able to make purchases through our Sites, you will be required to provide us with your personal details. In particular, you will be required to provide us with your name, postal address, e-mail address and/or other contact details as indicated.

 

1.2 The information or personal details that you provide us shall be processed in accordance with our Privacy Policy in the context of your order. When you use our Sites, you agree to the processing of your information and details, and you confirm that all information and details provided by you are true and accurate. Furthermore, when you place an order through our Sites, you confirm that you are over the age of 18 years and are legally eligible to enter into binding contracts. If you are under 18 years of age, you may only place an order with the consent of your parent or guardian. If you do not have consent from your parent or guardian, you must stop using the Sites.

 

1.3 Please note that if you do not provide us with all the information we need, you cannot place or process your order.

 

1.4 The products, including any samples, are for your personal and non-commercial use only. You may not sell or resell any products which you purchase or otherwise receive from Modu.

 

1.5 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained within, on or via the Sites. You may not use the Sites (and any goods or services purchased on or via the Sites), or any of its content, to further any commercial purpose, including, without limitation, any commercial activity on your own website, auction sites, group buying sites, social media sites or otherwise.

 

1.6 You agree and undertake that you shall not:

1. access or use the Sites or any Interactive Services for any illegal purpose or in violation on any applicable laws. You agree that you shall access and use the Sites or any Interactive Services in good faith;
2. attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Sites or the Interactive Services; or
3. interfere with another user’s utilization and enjoyment of the Sites or the Interactive Services.

PRODUCT INFORMATION

 

2.1 All material and information relating to products presented by Modu on the Sites is intended to be used for personal educational or informational purposes only. The statements made about the products have not been evaluated by the Australian Competition and Consumer Commission, National Industrial Chemicals Notification and Assessment Scheme or any other regulator, and the results reported, if any, may not necessarily have the same results on all individuals.

 

2.2 If any minor uses any products or goods purchased through the Site, it should be only after the parent or legal guardian has discussed the product with the minor.

 

2.3 The product statements are not intended to diagnose, treat, cure or prevent any condition or disease. References to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Modu. Product claims or descriptions on the Sites have been provided to us by relevant brand owners or pursuant to customers review and Modu has not independently verified such claims or descriptions.

 

2.4 All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.

 

2.5 Use of our Sites is not meant to serve as a substitute for professional medical advice; these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Modu does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Modu does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. If you are in need of medical attention, call emergency services or your physician immediately.

 

2.6 While Modu has tried to accurately display the colours of products, the actual colours you see will depend on your display monitor or screen and may not be accurately rendered.

 

2.7 While we try to provide an accurate description of the products, we do not warrant that the descriptions, colours, information, pricing, promotions or other content available on the Sites is accurate, current or free from error. Modu may correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice, including after you have submitted your order.

 

2.8 In the event that the product you receive is defective or incorrect, Clause 8 (Returns, Exchanges and Refunds) of the Modu Terms shall apply.

 

CONTRACT FORMALISATION

 

3.1 The information set out in the Modu Terms and the details on the Sites do not constitute an offer for sale, but rather an invitation to treat. Your order constitutes your offer to us to purchase one or more items from us. No contract in respect of any products shall exist between Modu and you until your order has been accepted by us, evidenced by your receipt of a Shipping Confirmation e-mail from us. This is irrespective of whether or not funds have been deducted from your account. Please note that if we do not accept your offer or are unable to proceed with the transaction and funds have already been deducted, they will be fully refunded via the payment method used by you.

 

3.2 If you wish to place an order with us, you must follow the online purchasing procedure. Once you have added the products you wish to purchase to your bag through the Sites, click on “Secure Checkout” and provide the necessary details (as indicated) to us to submit your order. Once you have done so, you will receive an email from Modu notifying you of our receipt of your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted.

 

3.3 All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the item has been dispatched (“Shipping Confirmation”). The contract for the sale and purchase of an item between you and Modu (“Contract”) will only be formed when we send you the Shipping Confirmation. The Contract will relate only to those items whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of those items has been confirmed in a separate Shipping Confirmation. The Modu Terms form a part of the Contract.

 

3.4 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

 

PRICE AND PAYMENT

 

4.1 Prices shown on the Sites are in Australian Dollars (AUD) and are inclusive of GST, but do not include any applicable shipping or delivery fees. Delivery fees will be charged where applicable and will be included in the order total upon checkout. Prices or shipping are subject to change effective immediately upon posting of such price changes to the Sites or other form of notification.

 

4.2 The price of products will be as stipulated at all times on our Sites, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the Sites are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will notify you as soon as possible and give you the option of confirming your order at the correct price. If Modu is unable to contact you, your order may be cancelled and the amount paid by you will be refunded in full via the original payment method you used.

 

DELIVERY

 

5.1 The products displayed on the Sites can be ordered and delivered within Australia only. 

Modu.com.au offers the following shipping options :  

 

Service	Cost	Metropolitan Areas (Sydney, Melbourne & Brisbane)	ACT, SA, WA, Regional NSW, VIC, QLD	NT, TAS; Remote QLD, SA & WA
AuPost Standard Post	$10 for orders below $99 FREE for orders $99 and above	1-3 Business days	3-5 Business days	6-10 Business days
AuPost Express Parcel	$25 for orders below $99 FREE for orders $299 and above	1-2 Business days	1-4 Business days	1-5 Business Days

 

Shipping Terms & Conditions

• Delivery times are based on orders placed before 1pm AEST.
• Shipping fees apply if minimum purchase falls below $99 after discounts are applied.
• Shipping may take additional time during sales, holidays, and extreme weather events.
• Shipping is only available on weekdays (excluding Australia Public Holidays).

 

 

INABILITY TO DELIVER

 

6.1 If you were unable to receive your package, Driver will not leave the parcel if they deem the area unsafe. If no one is available to receive your parcel, you will receive a notification card to collect your parcel from the nearest post office, news agency or collection point.

 

RETURNS, EXCHANGES AND REFUNDS

 

7.1 Modu will cover the return shipping costs if the return is a result of our errors (you received an incorrect or defective item, etc.). Your full-priced refund will be transferred back to your account within four weeks of giving your package to the return shipper; This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

 

 

7.2 Modu allows for returns and exchanges if you've changed your mind about a product. All returns and exchanges due to change of mind are subject to a 14-day return and exchange policy upon receipt of order, subject to the following terms and conditions:

 

- Item must be in its original purchase condition - packaging must be unopened, unused, unmarked and not defaced in any manner. 

- Items purchased as part of a set or a multi-item pack must be returned as a whole set.

- This return policy does not apply to items, which have been stated as non-exchangeable or non-returnable.

- Shipping costs associated with the return of the product due to change of mind will be covered by the customer.

- Change of mind returns can only be refunded in the form of store credit. 

 

7.3 If you need to return an item, simply contact us by email: modubeauty@gmail.com. Please provide your order number, the latest product photo and reason for exchange/return. We'll notify you via e-mail of your refund/ exchange request been processed within 5 business- days. Once we've received the product and confirm the condition of the products are in refundable or exchangeable condition, we will process the refund/exchange process within 3 business days.

 

7.4 Your rights under any applicable consumer law are additional to and not affected by Modu's return and exchange policy above.

 

TITLE AND RISK

 

8.1 Risk of damage to or loss of the products shall pass to you at the time of delivery, or, if you wrongfully fail to take delivery of the products, at the time when Modu has tendered delivery of the products.

 

8.2 Notwithstanding delivery and the passing of risk in the products or any other terms in the Modu Terms, the property in the products shall not pass to you until Modu has received in cash or cleared funds payment in full.

 

8.3 Until such time as the property in the products passes to you (and provided the products are still in existence), Modu shall be entitled at any time to demand you to deliver the products to Modu and in the event of non-compliance, Modu reserves its right to take legal action against you for the delivery of the products and also reserves its right to seek damages and all other costs related to the recovery.

 

YOUR ACCOUNT

 

9.1 You must be at least 18 years of age to become a registered Modu member. You may make a purchase through our Sites without creating a Modu account, however, you may not have access to certain services including the Modu loyalty program without a Modu account. 

 

9.2 You agree that you shall only submit or provide information which is accurate and true, and that you will keep the information provided up-to-date. Further, you agree that you shall not misuse the Sites by creating multiple Modu membership accounts.

 

9.3 On registration for Modu membership at our Site, you will need a password for your account. You are responsible for ensuring your account details including your password remain confidential, current, complete and accurate. You are responsible for all activities that occur under your account and/or password (authorised or not) as if such activities were carried out by you. You shall notify Modu immediately if you become aware of or have reason for suspecting that the confidentiality of your account details including your password has been compromised or if there has been any unauthorised use of your account or if your Personal Information requires updating.

 

 

9.4 If you access and use the Sites on behalf of another person, you represent that you have the authority to bind that person as the principal to the Modu Terms. To the extent that you do not have such authority, you agree to be bound to the Modu Terms and you accept liability for harm caused by any wrongful use of the Sites or Content.

 

9.5 Modu reserves the right to suspend or terminate your account without prior notice for any reason including if the Modu Terms are violated or if it is in Modu’s best interests to do so.

 

MOBILE SERVICES

 

10.1 Please be aware that when you access the Sites through a mobile device, your carrier's normal rates and fees, such as text messaging fees or data charges, will apply.

 

RESERVATION OF RIGHTS

 

11.1 Modu reserves the right to modify, discontinue or disable the Sites or any part of the Sites at any time, either on a permanent or temporary basis.

 

11.2 Modu reserves the right, at any time, without notice and in its discretion, to terminate, suspend or restrict your use of the Interactive Services and the Sites and to block or prevent your future access to and use of the Interactive Services and the Sites.

 

11.3 All provisions of the Modu Terms that expressly survive termination or that by their nature are intended to survive such termination (including disclaimers and limitations of liability, all disclaimers of representations, warranties and conditions, and all statements recognizing Modu and third party intellectual property rights) shall survive such termination.

 

11.4 Modu may access, preserve and disclose your account information and Content, including if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

1. comply with legal process;
2. enforce the Modu Terms;
3. respond to claims that any Content violates the rights of third parties;
4. respond to your requests for customer service or otherwise communicate with you;
5. verify and process your personal or payment particulars; or
6. protect the rights, property or personal safety of Modu (and its employees), its users and the public.

 

DISCLAIMER AND LIMITATION OF LIABILITY

 

12.1 To the extent permitted by law, Modu is providing the Sites, their Contents and the Interactive Services on an as-is basis and makes no representations, conditions or warranties of any kind, express or implied, with respect to the operation of the Sites or Interactive Services, the information, content, materials or products, included on the Sites or as part of the Interactive Services. You should not act on any data or information posted on the Sites or Interactive Services without first independently verifying its contents.

 

12.2 Without prejudice to the generality of Clause 12.1, Modu does not make any representation or warranty:

1. regarding the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Sites;
2. regarding the security of any information transmitted by you or to you through the Sites;
3. that the Sites will be provided uninterrupted, secure or free from errors or omissions; or
4. that the Sites are or will be free from any computer virus, worms or other potentially malicious, destructive or corrupting computer program or file.

 

12.3 To the extent permitted by law, Modu will not be liable for any damages of any kind arising out of or in connection with the use of the Sites. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

 

12.4 Modu will not be liable for any claim arising out of your incorrect or improper use of any or any goods, products or services offered by or purchased through the Sites, including use that does not comply with any product instructions or that would be otherwise unexpected or unreasonable.

 

12.5 To the maximum extent permitted by law, and subject to applicable consumer protection provisions, Modu is not liable for claims arising from your use of non-Modu branded products. This will not limit any claim you may have against the product manufacturer under consumer protection laws.

 

12.6 Notwithstanding anything in the Modu Terms, certain legislation, including the Australian Consumer Law, may impose consumer guarantees or imply warranties or conditions or impose obligations upon Modu which cannot be excluded, restricted or modified except to a limited extent. Such legislation may, for example, impose non-excludable guarantees that goods are of acceptable quality or that services will be rendered with due care and skill (with certain remedies available to consumers for certain breaches of such guarantees). To the extent that such legislation applies, the Modu Terms must be read subject to these statutory provisions and nothing in the Modu Terms is intended to alter or restrict the operation of such provisions.

 

INDEMNIFICATION

 

13.1 You agree to defend, indemnify and hold harmless Modu (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind, including reasonable legal fees, arising out of:

1. your use of and access to the Sites;
2. your violation of any term of the Modu Terms;
3. a breach of your representations and warranties set forth above regarding Content;
4. your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or
5. any claim that any Content you submitted caused damage to a third party.

 

This indemnification obligation will survive the termination of the Modu Terms and your use of the Sites and the Loyalty programs.

 

FORCE MAJEURE

 

14.1 Transmissions over the Internet and electronic mail may be subject to interruption, blackout or delays due to internet traffic, or incorrect data transmission due to the public nature of the Internet. We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure Events”).

 

14.2 Force Majeure Events shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

1. strike, lockout or other forms of protest;
2. civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
3. fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
4. inability to use trains, ships, aircraft, motorized transport, logistics delivery or other means of transport, public or private;
5. inability to use public or private telecommunications systems;
6. acts, decrees, legislation, regulations or restrictions of any government or public authority; or
7. failure or accident in maritime or river transport, postal transport or other type of transport.

 

14.3 It shall be understood that our obligations deriving from Contracts are suspended during the period in which a Force Majeure Event remains in effect and we may require an extension of the period to fulfill these obligations.

 

ENQUIRIES

 

15.1 The enquiries that you send to us must be sent preferably through our Contact Form. We shall be deemed to have received such enquiry only upon receipt.

 

15.2 We may send you a response either by e-mail or notifications to the postal address you provided us when placing the order. For email notifications, you shall be deemed to have received the notice on the date of e-mail transmission. For notifications by post, you shall be deemed to have received the notice on the date the notification is posted.

 

PRIVACY

 

16.1 By submitting your email address in connection with your account, you agree that Modu and its third-party service providers may use your email address to contact you about your Modu account or Content you have submitted to the Sites or for other administrative purposes and for any other purpose permitted or required by law. Modu's Privacy Policy provides further detail on the manner in which Modu may collect and use Personal Information about you, including any information you supply in connection with your use of these Sites.

 

WAIVER

 

17.1 Modu’s failure to enforce the Modu Terms shall not constitute a waiver of the Modu Terms, and such failure shall not affect the right later to enforce the Modu Terms. We would still be entitled to our rights and seek remedies in any other situation where you breach the Modu Terms.

 

SEVERABILITY

 

18.1 If at any time any clause or provision of the Modu Terms shall be or shall become illegal, invalid or unenforceable in any respect, it shall be severed or modified to the extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant clause or provision shall be deemed deleted. The legality, validity and enforceability of the remaining provisions of the Modu Terms shall not be affected or impaired by any such modification or severance, and shall continue in force as if such illegal, invalid or unenforceable clause or provision was severed from the Sephora Terms.

 

ENTIRE AGREEMENT

 

19.1 The Modu Terms read with the Contract, constitutes the entire agreement between Modu and you, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and undertakings between you and us, whether written or oral, relating to this subject matter.

 

RIGHTS OF THIRD PARTIES

 

20.1 A person or entity who is not a party to the Modu Terms shall have no right under any jurisdiction to enforce any of the Modu Terms.

 

FRAUD PROTECTION PROGRAM

 

21.1 As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided or contact you via your e-mail address to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

 

21.2 Modu reserves the right to conduct transaction verification processes, decline or cancel your order, reduce the quantity of your order and/or terminate your account without prior notice if the Modu Terms are violated. You may receive a callback or email from our Customer Service conducting transaction verification related to an order.

 

GOVERNING LAW

 

22.1 The Modu Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed in accordance with the law of the Australia and Victoria, without giving effect to any principles of conflict of laws.

 

22.2 You agree that the courts of Victoria shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Modu Terms or its subject matter or formation.