Refunds & Returns Policy

The following sets out Modern Aussies’ Refunds & Returns Policy (‘the Policy’), which applies to the Service it provides to any of it’s Customers and Users of it’s website, and any goods or product available on it’s website.

Where the Policy is inconsistent (if at all) with the Australian Consumer Law or any other applicable provisions or Consumer Guarantees of the Competition and Consumer Act 2010 (Cth), then the Act and its provisions shall prevail to the extent of any inconsistency.

By using the Modern Aussies website to purchase and order products, the Customer or User agrees to be bound to the terms of the Policy. For the avoidance of doubt, the terms and conditions of this herein Policy apply to the exclusion of any other terms (to the fullest extent permitted by Law) that the Customer or User seeks or may seek to otherwise impose or incorporate (whether by Court order or not) into this Policy herein.

We will always do our best to accommodate where applicable. Please read all of the information below and instructions provided on each product page to ensure you are using our products correctly and safely.

What is your Refund Policy?

  • Modern Aussies provides, as a part of its Service to Customers, a ‘Risk Free – Money Back Guarantee’.
  • This Guarantee lasts for 30 days. This means that from the date a Customer purchases a good or product, in certain limited circumstances, they may be entitled to a full or partial refund of the purchase price.
  • By purchasing a product or good from the Modern Aussies website, the Customer agrees that any such decision by Modern Aussies to provide a refund (and whether in full or part) will be determined in its absolute discretion, subject to the Australian Consumer Law and only expressly after negotiation with the Customer.

What about if I change my mind?

  • Under our Policy, a ‘Change of Mind’ does not entitle a Customer(s) to any form refund. However, in certain circumstances, Modern Aussies, out of goodwill, may provide a full or partial refund to a Customer who changes their mind in certain circumstances. However, this is rare, and will only occur (if at all) after express negotiation with the Customer.
  • In any event, please feel free to reach out to us, as we would love to help you if you are not happy with your experience. Please contact us or reach out via the ‘Contact Us’ page on our website.
  • Please note, Modern Aussies reserves its right to determine any applicable refunds under the Guarantee in its absolute discretion, subject to the Australian Consumer Law and any other applicable Australian Laws, Legislation or Regulations. All requests for a refund under the Guarantee and/or due to a ‘Change of Mind’ will be considered on a case-by-case basis. 

What If I am over the 30-day time limit?

  • If you are outside of the 30-day time limit, then refunds under the Guarantee are no longer available.
  • Please note, under the Australian Consumer Law, there are no express time limits on a refund, return or exchange of a product or good where it is faulty and/or is subject to a major failure. However, as per the Australian Consumer Law, , the time period for any requests for a refund, replacement or exchange will be determined by what is ‘reasonable’ in the circumstances.
  • For example, depending on the product, if a Customer requests a refund, return or exchange of a product after having used it for a period of 2 months or longer, it is unlikely that Modern Aussies would provide a refund, return or exchange in those circumstances.
  • However, we appreciate that sometimes, products may become faulty after being used for a short period of time. If your product does become faulty, we would ask that you notify us immediately so we can help resolve your issue.

When are refunds are not applicable under the Guarantee?

  • Subject to the Australian Consumer Law, the following scenarios do not entitle a Customer to a refund under the Guarantee under this Policy:
  • The order for our products was placed by you, by mistake, and you use the product, and have notified us after the 30-day time period; or
  • You notify us after the 30-day time period (subject to exceptions for faulty products); or
  • You knew or were made aware of any faults in relation to the product prior to purchase. This extends to our ‘Express Warranty’ on Page 5. Where you have been given an express warning about one or more of our products, and we determine that any damage or fault was caused in contravention of the Express Warranty, then you will not be eligible for a refund under the Guarantee. 
  • In any event, please feel free to contact us and we may be able to assist you in resolving your issue. 

What do I do if my product is faulty?

  • If you believe your product is faulty, you are required to provide Modern Aussies with:
  • evidence of the faulty product (such as attaching photos and videos to an email inquiry); and
  • an explanation of the circumstances in which the product or good became faulty.
  • The best way to do this is to contact us through the website, via the ‘Contact Us’ page. 
  • We will then determine whether you are eligible for a replacement or refund. In making such a determination, Modern Aussies will adhere to any applicable provisions and principles under the Australian Consumer Law and any other applicable Laws and Legislation, but will otherwise resolve such requests in its absolute discretion.

 What if my good or product was found to be faulty?

  • If we have determined that your product was faulty, then we can ship you a new item for free and provide you with future discounts on our site.
  • In some cases, where you do not wish to have a replacement, then we will provide you with a full refund of the purchase price of the product(s).
  • Generally, a refund should not take any longer than 10 business days, but processing times sometimes depend on the relevant banking institution – please feel free to reach out to us via the ‘Contact Us’ page, so that we can communicate with you during this time.

What if my good or product was not faulty?

  • If we determine that your product or good was not faulty, then we can return the product to you at your cost. You will not be eligible for a refund in these circumstances.

Why is my refund taking so long?

  • If it has been more than 10 business days and you have not yet received your refund, please first check your bank account in the first instance. If you can not see your refund, please contact your bank, as in some cases, the refund may still be a ‘pending’ transaction.
  • If you’ve done all of this and you still have not received your refund, please contact us via the ‘Contact Us’ Page.  Please keep in communication so that we can best assist you and avoid any misunderstandings. Contacting us via the ‘Contact Us’ Page on our Website is the best way to get in touch with us.

What about costs for return shipping?

  • If your product was faulty, then we will reimburse you for any reasonable costs incurred for the return shipping. However, we are entitled to request evidence of such costs so that we can determine how much you ought to be reimbursed.
  • Please keep any evidence, screenshots or physical receipts of any such return shipping costs, as these may be required for us to reimburse you.
  • If your product was not faulty, then you will not be entitled to claim back any costs for return shipping. In this instance, we reserve the right under the Australian Consumer Law to claim from you any reasonable collection or inspection costs in relation to the non-faulty good or product.

Can I return my product?

  • Customers may be permitted, in some circumstances, to keep a purchased product or good, even after a full or partial refund was issued by us. These types of situations will be considered on a case-by-case basis.
  • There may be circumstances where Customers can negotiate with us and keep the product and may be eligible for partial refunds and also may be offered future discounts (as a form of goodwill).
  • If you wish to return the good or product, then a return address will be provided to you.
  • In some cases, where the Customer no longer wants the product, we may ask that the product be returned or shipped back to us. In such situations, we may ask that you provide us with photos and videos of the product (so that we can assess its quality and wear). 
  • If your product is not faulty, but you wish to return it to us, then we ask that you please keep the good or product in good physical condition.
  • In case, the product is being returned, please consult us to get the right address for the return. We may not be able to process the return if the product is sent to an address other than the one provided.

Express Warranty

  • Please handle our products with the utmost care, as in some  instances, they are fragile or contain delicate internal electronics.
  • It is the responsibility of Customers to prevent any such purchased goods or products  from coming into contact with substances or liquids that may cause damage to them, even by accident or mistake. Some of our products are also delicate, and need to be handled with care so they do not break. Please do not apply an unreasonable amount of force or pressure on such products.
  • If the Customer has failed to prevent the good or product from being damaged by liquids or substances, the Customer will not be eligible for a replacement, refund or exchange (unless such a request fell within the 30-day Guarantee).

Miscellaneous

Jurisdiction

This Policy is governed by the law in the State of Victoria, Australia.

Definitions and Interpretation

Business Day means a day that is not a Saturday, Sunday or a public holiday in the State of Victoria, Australia.

Customer means any person (whether natural or not) that purchases any goods or products from the Modern Aussie website.

Law means any statute, regulation, order, rule, subordinate legislation or other document enforceable under any statute, regulation, order, rule or subordinate legislation.

Users means any person (whether natural or not) that uses the Modern Aussie website, irrespective of whether they purchase any goods or products from the site.

In this Policy unless the context otherwise requires:

    1. Any and all references to a person includes a legal person (such as a limited company) as well as a natural person; and

    2. Any and all references to "including" or any similar terms in this Policy shall be treated as being by way of example and shall not limit the general applicability of any preceding words; and

    3. Any reference to any legislation shall be to that legislation as amended, extended or re-enacted from time to time and to any subordinate provision made under that legislation.

    4. Singular includes plural and plural includes singular and words of one gender include any gender; and

    5. Any reference to a party includes its executors, administrators, successors and permitted assigns; and

    6. In addition to Clause 1 above, any reference to a person includes a partnership, corporation, association, government body and any other entity; and

    7. Any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally; and

    8. Any agreement, representation, warranty or indemnity in favor of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and

    9. A provision is not construed against a party only because that party drafted it; and

    10. Any unenforceable provision or part thereof may be severed, and the remainder of this Policy continues in force, unless this would materially change the intended effect of this Policy; and

    11. The meaning of any general words in this Policy is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions.