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Terms And Conditions

Modern Brands Ltd (Modern Brands)

1. Terms and conditions

  • 1.1 These terms and conditions as amended from time to time ('Conditions') can be found on the Modern Brands Pty Ltd website at https://www.modernbrands.co.nz/page/mb-nz-terms ('Website').
  • 1.2 Any order placed with Modern Brands Ltd CN 160 1813 NZ ('we', 'our', 'us' or 'Modern Brands') constitutes your ('you', 'yourself' or 'your') agreement to be bound by these Conditions. Any additional or different terms you state in any communication with us (including any order) are hereby objected to and will not bind us unless we agree in writing.

2. Variation

  • 2.1 Modern Brands reserves the right to amend these Conditions at any time. Any amendments will be effective when we publish the amended Conditions on our Website.
  • 2.2 Your continued use of our Website and your purchase of any goods constitutes an agreement by you to be bound by these Conditions (as amended).
  • 2.3 Each time you place an order with us and on each day during the term of the agreement, you acknowledge either receiving or having the opportunity to review a copy of the Conditions. Please ensure that you check this Website regularly to familiarise yourself with any amendments.

3. Acceptance of orders

  • 3.1 Your placement of an order with us constitutes an offer by you to purchase goods from us on these Conditions. We may accept or reject orders we receive. If we accept the order, a binding contract between you and us will arise on these Conditions ('Contract'). The Contract may be amended only by written agreement between us and you.
  • 3.2 Accepted orders cannot be cancelled without our consent which may be refused or given with conditions.
  • 3.3 The supply of goods is subject to availability. If we are unable to supply all of your order, the Contract continues to apply to any part of the order supplied.
  • 3.4 We reserve the right to suspend or discontinue the supply of goods to you.

4. Price

  • 4.1 All current prices for the goods can be viewed on our Website and in our annual wholesale pricelist.
  • 4.2 The price you pay for the goods purchased via the Website will be the price shown on our Website at the time you place an order.
  • 4.3 The price you pay for goods purchased via fax, mail, email or phone orders will be the price shown in our annual wholesale pricelist at the time you place an order.
  • 4.4 Unless otherwise agreed by us in writing, prices for the goods will be subject to alteration by us without notice from time to time and quoted exclusive of goods and services tax (GST), and all taxes and delivery costs.
  • 4.5 Freight charges are shown on the back page of our annual wholesale pricelist.

5. Promotions

  • 5.1 In our annual wholesale pricelist or at the annual ATA Toy Fair, we offer promotional pricing options and are pleased to have been able to hold promotional pricing on a number of key products. We reserve the right to change or cancel promotions at any time.
  • 5.2 Online discounts are not applicable to fax, mail, email or phone orders.
  • 5.3 Only one promotional code can be used per transaction.
  • 5.4 Schleich Promotion: 20% OFF the Schleich range for in-stock items only until 16th September 2024 at 11:59pm AEST. This offer cannot be used in conjunction with any other offer.

6. GST

All goods are sold subject to GST unless the goods are classified as GST exempt.

7. Payment terms - Customers buying through business accounts previously established with Modern Brands

  • 7.1 Unless otherwise agreed by us in writing, the terms of payment for the goods are strictly 30 days from the date of the invoice without deduction or set-off. Time is of the essence. Any payment made by you may be applied by us in any manner we see fit.
  • 7.2 You may pay for the goods by Visa, Mastercard and American Express. A surcharge of 1.5% will apply to all American Express card payments (including GST and freight).
  • 7.3 Invoices will be issued and payable by the due date in respect of every delivery notwithstanding that the balance of the order has not been nor will be delivered for any reason. Where any payment is not made by the due date, we may charge interest on any overdue portion from the date the payment was due until the date payment is made (both dates inclusive) at a rate equal to 3% above the indicator lending rate for the time being advised by Westpac Banking Corporation ('Interest Rate').

8. Payment terms - Customers buying directly on Website

  • 8.1 For customers buying directly from the Website, you may pay for the goods by Visa, Mastercard and American Express. A surcharge of 1.5% will apply to all American Express card payments (including GST and freight).
  • 8.2 All payments must be made in New Zealand dollars only.
  • 8.3 If we are unable to successfully process payment for your order, then we may reject or cancel your order.

9. Back orders

  • 9.1 Some goods may temporarily be out of stock in which case all back orders of cumulative value equal to or greater than $30.00 will automatically be shipped by us to you once the goods are available, free of any additional freight costs.
  • 9.2 Any back orders with a cumulative value less than $30.00 or any back orders held for longer than 4 months will be deleted.

10. Design Changes

Modern Brands reserves the right to vary the specifications or performance criteria of any item and to obtain items from different sources at our absolute discretion. We may do this without prior notice provided that we have reasonable grounds for believing that the alternative item offered is substantially similar to that previously offered or represents an improvement.

11. Delivery

  • 11.1 The delivery fee charged for each order will depend on the type of goods order, including the size and weight of the goods. Modern Brands reserves the right to charge for delivery of the goods at any time, notwithstanding that it may not have previously done so.
  • 11.2 You acknowledge that any person accepting delivery of your delivery order at the delivery address is authorised by you to receive your order. If no one accepts delivery of your order at the delivery address, we may arrange for delivery at a different time and charge you an additional delivery fee or the delivery may be left at your premises with your approval.
  • 11.3 Risk in the goods passes to you on delivery.
  • 11.4 All quoted delivery or consignment dates are estimates only. We are not obliged to meet such dates and will not be liable to you by reason of delays caused by any reason whatsoever.

12. Return of faulty goods or claims for under delivery

  • 12.1 Our goods come with guarantees that cannot be excluded under the New Zealand 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.
  • 12.2 If you notify our Customer Service Team using the contact details set out below, of a fault or defect in the goods within 12 months of delivery, then we will accept return of the goods and at our discretion replace or repair the goods, or provide a refund or a credit note for the equivalent amount paid by you.
  • 12.3 Claims relating to a deficiency in the quantity of the goods or damage on delivery should be notified to our Customer Services Team within 7 days of delivery. Our Customer Service Team will give you a Claims Notification Number and provide you with details of how to return the goods. Goods should not be returned without receiving a Return Authority Number from our Customer Service department, as this will invalidate any claim. For deficiency claims where we hold a proof of delivery, we may require you to supply a statutory declaration.
  • 12.4 No returned goods will be accepted by us (even if we agree for you to return goods to us at our cost) if they have been tampered with or misused by you or any other person; if they are goods expressly sold on a non-return basis; or if you have not previously notified the Customer Service Team and been given a Returns Authorisation Number; or if you do not return the goods to us within 30 days of our request for you to return the goods (unless we advise you that you are not required to return the goods to us); or if you have damaged the goods; or if the fault, damage or defect is the result of fair wear and tear. A photographic image may be required to support your warranty claim. Where any of the conditions for making a claim have not been met, the goods shall be returned to you at your expense.
  • 12.5 For heavy or bulky items which cannot be returned to us, you must permit us to inspect the goods upon request within 30 days of you notifying our Customer Service Team of a fault, damage, defect or non-compliance in the goods. If you do not permit us to inspect the goods, you are deemed to have accepted the goods and are deemed to agree that the goods are not faulty, damaged, defective or non-compliant.

13. Return of goods for change of mind returns

  • 13.1 If you wish to return the goods due to a change of mind, we will provide a refund or a credit note (at our discretion) for the equivalent amount you paid, provided that you notify our Customer Service Team within 7 days of delivery of the goods and that you return the goods in the same condition as they were delivered.
  • 13.2 Returns for change of mind will be at your cost. Alternatively, we can arrange to pick up the returned item from you. This service incurs a mandatory Return Freight and Handling Charge of 20% of the invoiced value.

14. Limitation

All guarantees, conditions and warranties of any type in relation to the goods are excluded to the maximum extent permitted by the law. In respect of goods which are not ordinarily acquired for personal, domestic or household use or consumption, our liability for a breach of any guarantee, condition or warranty implied by law is limited at our option to the repair of goods, or supply of a replacement, or payment of the cost of replacing the goods or of acquiring equivalent goods or payment of the cost of having the goods repaired, or re-supplying any services, or payment of the cost of re-supplying the services.

15. Cancellation of orders

  • 15.1 If you cancel an order of the goods, you will be liable for any loss we incur, including but not limited to any loss of profits and any delivery costs if the goods have already been dispatched.
  • 15.2 If you cancel an order of the goods and the goods have been dispatched, you must return the goods intact, undamaged, and unopened within 30 days of delivery. We will assess the goods before returning them to stock. Once the goods are assessed as being suitable to return to stock, you will receive a credit note to the value of the goods less the costs of testing and recharging of the goods, delivery and freight.
  • 15.3 If the goods the subject of the cancellation were paid for by American Express, we may charge you a surcharge of 1.5% per transaction.

16. Title

Title to the goods passes upon payment of all amounts owed in respect of all goods purchased by you.

17. Use of Goods

  • 17.1 Each item of goods is intended for use only for the purpose described and not for any other purpose. We make no representation as to the fitness of the goods for any other purpose, except for a purpose which you have notified to us in writing, prior to the date of any Contract, and confirmed in writing by us to be applicable.
  • 17.2 Any goods specified as being suitable for use by children requires careful adult selection and use should be under proper adult supervision. Goods must only be used by children of an appropriate age. Whilst we may give guidelines about age suitability, the final decision must be made by the selecting adult taking into account the nature of the child concerned.

18. Termination

  • 18.1 We may terminate the Contract by written notice to you if you fail to perform any of your obligations under the Contract.
  • 18.2 We may terminate the Contract if a receiver, receiver and manager, provisional liquidator or administrator appointed to you or any of your assets or steps are taken to appoint any such persons, or if you are insolvent under any applicable law.

19. Default

If the Contract is ended and you owe us money, the money is immediately payable to us and will incur interest at the Interest Rate. We are entitled to enter your premises and repossess any goods in your possession or control.

20. Assignment

We may assign or otherwise deal with the benefit of any contract made pursuant to the Contract.

21. Copyright and intellectual property

  • 21.1 Our resources (including but not limited to pricelists, Website, text, graphics, logos, icons, sound recordings and software) are owned by us and our licensors ('Resources'). Our Resources must not be copied or reproduced (in whole or in part) in any form without our express permission given in writing.
  • 21.2 You acknowledge that all of the intellectual property rights (including copyright in the Resources or trademarks used in our pricelist or Website) will remain vested solely in Modern Brands or our licensors (as the case may be) and you will not obtain any right, title or interest in the Resources.

22. Privacy policy

We may collect personal information about you and the protection of such information shall be governed by our privacy policy which can be found on our Website at https://www.modernbrands.co.nz/page/mb-nz-privacy.

23. Website and pricelist

We make no representation or warranty with regard to the accuracy, completeness or suitability of the information in our pricelists and on our Website. You should make your own enquiries to check if the information in our pricelists and on our Website is accurate, complete and suitable for your intended use. Our Website may contain information that includes the views or recommendations of others which are not necessarily our views.

24. Disclaimer

To the maximum extent permitted by law, we shall not be liable for any loss (including loss of profits or indirect, consequential, special or punitive loss) or damage suffered or incurred by you arising from your use of our Website or the Resources, or any order for goods.

25. Entire agreement

  • 25.1 Unless agreed otherwise in writing between Modern Brands and you:
    1. (a) the Conditions exclude and supersede all prior discussions, representations and arrangements and any other oral or written terms and conditions; and
    2. (b) in the event of ambiguity, conflict or confusion between any other documents which we agree will form part of the Contract, the terms of the Conditions will prevail.
  • 25.2 This does not apply to any existing written agreement between Modern Brands and you in force prior to the date of the Contract.

26.Severability

If any provision of this Contract is unenforceable, illegal or void, that provision is severed and the other provisions of this Contract remain in force.

27. Notices

Any notice to be given to a party under the Contract must be in writing and must be sent by post or email to the address of that party shown in the purchase order or order acknowledgement. Notice is deemed to have been given at the time it would have been received in the normal course of post if sent by post, or if otherwise given at the time it was actually received.

28. Governing law

This Contract is governed by and must be interpreted in accordance with the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand.

29. Contact details

Our contact details are as follows:
Modern Brands Ltd
Postal Address: PO Box 912063, Victoria Street West, Auckland, 1142 New Zealand.
Free call: 0800 606 025
Website: https://www.modernbrands.co.nz/home