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e Moderno

TERMS & CONDITIONS OF SALE

These Terms and Conditions apply to all purchases made from e Moderno ("we", "us", "our") and form part of every quotation, invoice, and order confirmation issued.
By proceeding with payment, the Client ("you", "your") acknowledges that they have read, understood, and accepted these Terms and Conditions.

1. PAYMENT TERMS & ORDER CONFIRMATION
   Full payment is strictly required within seventy-two (72) hours from the date of issue of quotation or invoice, unless otherwise agreed in writing.
   Items will not be held or reserved beyond this period unless confirmed in writing.
   Prices are subject to change without notice. If payment is not received within the required timeframe, availability and pricing must be reconfirmed prior to processing.
   Freight charges are calculated separately and are determined at the time of dispatch.
   Where available, orders may be included within scheduled sea freight shipments, subject to:
   Available space
   Production readiness
   Shipping schedules
   If an order is required within a timeframe that cannot align with scheduled shipping, air freight may be required at the Client’s expense.
2. CUSTOM & MADE-TO-ORDER ITEMS
   All custom, modified, or made-to-order items are subject to the following strict conditions:
   Full payment is required prior to the commencement of all custom work.
   Once production has commenced, custom orders cannot be cancelled, returned, or refunded, except where required under Australian Consumer Law.
   All production timeframes are estimates only and may be affected by factors beyond our control, including:
   Supplier delays
   Material availability
   Freight disruptions
   Production scheduling
   e Moderno accepts no liability for delays beyond its reasonable control.
3. CLIENT RESPONSIBILITY — PRODUCT SELECTION
   Clients are responsible for carefully reviewing all specifications prior to purchase.
   Before confirming an order, the Client must:
   Verify all dimensions
   Confirm installation suitability
   Ensure site access compatibility
   Confirm electrical and structural suitability
   Review all finishes and specifications
   Ask all required questions prior to payment
   e Moderno accepts no responsibility where a product is unsuitable due to incorrect measurements, assumptions, or failure to verify requirements prior to purchase.
   All purchases are deemed to be made with full knowledge of product specifications.
4. FINAL SALE POLICY
   All purchases are considered final once payment has been received.
   Returns will not be accepted for:
   Change of mind
   Incorrect selection
   Incorrect measurements
   Project design changes
   Installation limitations
   Site access limitations
   Except where required under Australian Consumer Law, refunds will not be issued.
5. DISCRETIONARY RETURNS — RESTOCKING & HANDLING
   Where e Moderno agrees, at its sole discretion, to accept a return not required under Australian Consumer Law, the following conditions apply:
   A non-negotiable restocking fee of thirty percent (30%) of the original purchase value will apply.
   In addition to the restocking fee, the Client will be responsible for all labour and material costs, including but not limited to:
   Initial packing
   Custom crate construction
   Protective packaging
   Handling
   Return unpacking
   Inspection
   Repacking
   Storage
   Administrative processing
   All freight and return transport costs remain the responsibility of the Client.
   Approved returns will result in:
   Store Credit Only
   No cash refunds will be issued unless required under Australian Consumer Law.
   Store credit will:
   Reflect all applicable deductions
   Be issued following inspection
   Remain valid for 12 months
   e Moderno reserves the right to decline any return request.
6. DELIVERY, FREIGHT & RISK TRANSFER
   All transport is conducted via third-party carriers.
   Risk transfers to the Client once goods are:
   Collected
   OR
   Dispatched from our premises
   e Moderno does not accept liability for goods damaged during transit.
   Clients are strongly encouraged to arrange full transit insurance.
7. DAMAGE REPORTING
   All goods must be inspected immediately upon delivery.
   Any damage, shortage, or issue must be reported within twenty-four (24) hours of delivery.
   Photographic evidence must be provided.
   Failure to notify within this timeframe will be deemed acceptance of goods in satisfactory condition.
8. ELECTRICAL COMPLIANCE & INSTALLATION
   All lighting products are restored and rewired using industry-standard methods prior to dispatch.
   However, installation must be carried out by a licensed electrician.
   It remains the responsibility of the Client and their electrician to ensure compliance with:
   Australian Standards
   Local regulations
   Site-specific installation requirements
   Any concerns relating to wiring must be reported to e Moderno immediately to allow review and remedy where appropriate.
   e Moderno accepts no liability for:
   Improper installation
   Installation by unqualified persons
   Electrical incompatibility
   Structural incompatibility
9. VINTAGE ITEMS — CONDITION ACKNOWLEDGEMENT
   Vintage and restored items may exhibit characteristics consistent with age and historical use.
   These may include:
   Surface wear
   Minor scratches
   Patina
   Minor imperfections
   These characteristics are not defects and do not constitute grounds for return or refund.
10. STORAGE FEES & COLLECTION
    Goods must be collected or delivery arranged within five (5) working days from notification of readiness.
    Where goods are not collected within this period, storage fees will apply.
    Storage fees:
    Are charged weekly
    Are calculated per lot
    Are based on size and storage volume
    Must be paid prior to release of goods
11. UNCOLLECTED GOODS — SIX-MONTH LIMIT
    Where goods remain uncollected for more than six (6) months, and reasonable attempts to contact the Client have failed, e Moderno reserves the right to:
    Restock goods
    Resell goods
    Apply proceeds toward outstanding costs
    This includes:
    Storage fees
    Administrative costs
    Handling expenses
12. INSURANCE RESPONSIBILITY
    Goods remain insured while located on e Moderno premises within the standard collection period.
    After the five-day collection period, responsibility for timely removal transfers to the Client.
    Clients are responsible for arranging appropriate insurance for:
    Transit
    Delivery
    Storage beyond agreed periods
13. RETURN FREIGHT RESPONSIBILITY
    Where returns are approved, the Client is responsible for:
    Return transport costs
    Delivery costs
    Insurance
    Handling
    Packaging
    Re-shipping costs
    No exceptions apply.
14. LIMITATION OF LIABILITY
    To the maximum extent permitted by law, e Moderno shall not be liable for:
    Indirect losses
    Consequential losses
    Project delays
    Loss of profit
    Loss of business opportunity
    Total liability shall not exceed the purchase value of the goods supplied.
15. FORCE MAJEURE
    e Moderno shall not be liable for delays or failure to perform obligations where such delays arise from circumstances beyond reasonable control, including:
    Natural disasters
    Freight disruptions
    Industrial action
    Supply shortages
    Government restrictions
16. AUSTRALIAN CONSUMER LAW
    Nothing in these Terms and Conditions excludes, restricts, or modifies any rights available under the Australian Consumer Law, including rights relating to faulty goods.
17. GOVERNING LAW
    These Terms and Conditions are governed by the laws of Victoria, Australia.
    Any disputes arising from transactions shall be subject to the jurisdiction of the courts of Victoria.
    
    CLIENT ACKNOWLEDGMENT STATEMENT
    
    "By proceeding with payment, you confirm that you have read, understood, and accepted the e Moderno Terms & Conditions of Sale"