These are the terms and conditions of agreement for online trading between Mode Sportif PTY Limited (ABN 54 164 752 836 ) and the user of this website ("You/Your").
Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.
BLACK FRIDAY CYBER MONDAY SALE
The Black Friday Cyber Monday Sale will run from 12.01am 24/11/23 (AEDT) through to 11:59pm 27/11/23 (AEDT), with 48 hours, invite-only early access. The applicable code must be used during checkout for the discount to apply. Code is applicable to product badged with the Black Friday Cyber Monday label and included in the BFCM 2023 collection. Not to be used in conjunction with any other offer. Discount can not be applied retrospectively to any past orders. Purchases made using the applicable code are eligible for return due to change of mind for credit note or exchange only.
1 PLACING AN ORDER AND PAYMENT
1.1 By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of price by Mode Sportif PTY Limited to You in accordance with clause 1.5.
1.2 Payment must be made at the time of submitting the Purchase Order. Payment can be made by credit card, Afterpay or PayPal. Mode Sportif PTY Limited accepts all major credit cards. You warrant that You are an authorised user of the credit card used to complete payment in accordance with this clause 1.2. Payment can also be made using PayPal. You warrant that You are an authorised user of the PayPal or Afterpay account.
1.3 All Purchase Orders placed through the Website are subject to confirmation and acceptance by Mode Sportif PTY Limited. We will email you with confirmation of the receipt of Your Purchase Order, and then acceptance by Mode Sportif PTY Limited will be upon Your receipt of the email confirming despatch of the Product in accordance with clause 3. Mode Sportif PTY Limited may reject Your Purchase Order, and refund any payment made by You, at any time prior to Your receipt of this acceptance by Mode Sportif PTY Limited
1.4 The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. In some areas of the website, prices will be shown with an estimate of the price in your home currency. These converted prices are for information purposes only, to help you get an idea of the approximate cost of a product, and they may not be the exact amounts that will appear on your credit card statement. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit provider. Therefore we are not able to take responsibility if the final amount charged to your card differs slightly from the estimated conversions we provide.
1.5 Mode Sportif PTY Limited may vary prices in the event of price changes or mistakes in its sole and absolute discretion on reasonable prior notice to You. If Mode Sportif PTY Limited requests payment for increased prices, You may cancel the order by giving notice to Mode Sportif PTY Limited, which must be received within seven days of the announcement of the increase.
1.6 The secure credit card payment system is powered by Shopify Payment Systems. This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device which ensures that any data which you enter into a secure area of the site is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser (e.g. Netscape Navigator 3.0 or Internet Explorer Microsoft 3.0 and above). In Netscape you can determine whether encryption is active by looking at the little key in the lower left-hand corner of the Netscape window. A solid key indicates that the document is encrypted, while a broken key indicates that the document is not encrypted. In Microsoft Internet Explorer, a solid padlock will appear on the bottom right of the screen when encryption is in use.
1.8 The cookies that are placed on your computer when you visit the Website are known as session cookies. These session cookies originate from our web server, and cannot be accessed by any web server other than ours. Session cookies are temporary cookies which are necessary for the proper functioning of the Website. They automatically expire approximately 20 minutes after you have ceased viewing pages on our Website, and therefore cannot be used to recognise you on subsequent visits to the Website.
1.9 Mode Sportif PTY Limited does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept by Shopify Payment systems for order verification and identification purposes only. While every endeavour is made to ensure that Your shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.
1.10 Mode Sportif PTY Limited reserves the right to limit the quantities of product sold as it sees fit. It is a condition of this Agreement that you do not resell the Products to a third party.
1.11 The Website is owned and operated by Mode Sportif PTY Limited. This Agreement supersedes all prior agreements and may be revised by Mode Sportif PTY Limited from time to time.
1.13 Mode Sportif may offer promotional discounts. Discount codes are valid during promotional periods only and only one discount code may be used at a time.
Mode Sportif offers a discount on your first purchase. The first purchase code is not valid for use on gift cards and cannot be used in conjunction with any other offer. Mode Sportif may change the offer from time to time without prior warning. Previous codes provided will remain active for the remainder of the offer period.
2 YOUR USE OF THE WEBSITE
2.1 You agree that you will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
2.2 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, Mode Sportif PTY Limited’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
3.1 Mode Sportif PTY Limited delivers to most destinations around the world.
3.2 Orders placed within Australia or goods shipped to an Australian residence are subject to the Australian GST. Orders placed outside Australia may be subject to the relevant taxes and duties applicable to the jurisdiction from which the order was placed.
3.3 Mode Sportif PTY Limited uses DHL to deliver Products outside of Australia. Delivery of Products within Australia is effected using Australia Registered Post, Startrack or DHL delivery services.
3.4 Mode Sportif PTY Limited’s freight charges are calculated using our automatic freight calculator.
3.5 Mode Sportif PTY Limited will use reasonable endeavours to arrange dispatch of the Product within 5 working days of submitting the Purchase Order.
3.6 Expected delivery times are:
3.6.1 for international deliveries, 5-10 working days; and
3.6.2 within Australia, 1-4 working days.
3.7 The expected delivery times set out in clause 3.6 are estimates only. Mode Sportif PTY Limited will not be liable to You for any loss or damage You suffer if the Product is not delivered within the timeframes set out in clause 3.6.
3.8 Australia wide - all deliveries must be signed for upon receipt. Risk and title in the Product will pass to You upon You, or any other person in attendance at the delivery address, signing for receipt of the Product. Please note: All packages sent to PO Box addresses (throughout Australia and Internationally), cannot be sent using a courier service. PO Box addresses can only be serviced using Australian Registered Post. If you prefer for your Product to be delivered using a secure courier service, please provide a physical postal address.
3.9 If the product is delivered using a courier service, and there is no one at the delivery address to receive the Product, the Product will be returned to Mode Sportif. All packages delivered by courier need to be signed in order to accept the package. Should an ATR (Authority to Leave) be stated on the purchase notes by the buyer then the buyer accepts all responsibility for packages left by the courier that go missing. If the Product is delivered using Australia Registered Post or a courier service and the recipient is not present to receive the Product, it will be delivered again at the cost of You.
For international orders, DHL shall contact the recipient to arrange for a delivery time. The third party logistics partner may attempt further delivery of the Product to You, however, if this is not effected Mode Sportif PTY Limited will arrange for the return of the Mode Sportif PTY Limited and refund the price to You, less any shipping costs incurred by Mode Sportif PTY Limited, and less relevant taxes and duties applicable to the jurisdiction from which the order was placed.
4 SITE LIABILITY AND INDEMNITY
4.1 To the fullest extent possible, the limitation of liability and indemnity set out in clause 9 of these terms also applies to use of the Site by replacing the word “Products” with “Site or the Comment Function”.
5 YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
5.1 By using MODESPORTIF.COM you agree to the terms and conditions set out in this Agreement.
5.2 From time to time, this Agreement will be reviewed and may be revised. Mode Sportif PTY Limited reserves the right to change this Agreement at any time in its sole and absolute discretion. Any such changes will be posted on the Website. If You have commenced any transaction prior to a change to this Agreement, transaction will be effected in accordance with the terms in place at the time of the acceptance of Your offer Mode Sportif PTY Limited.
6 WEBSITE AVAILABILITY
6.1 Occasionally down-time, either scheduled or unscheduled, may occur. Mode Sportif PTY Limited will use reasonable endeavours to ensure this amount of down-time is limited.
6.2 Mode Sportif PTY Limited will not be held liable for the consequences of any down-time.
7 INTELLECTUAL PROPERTY
7.1 Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
7.2 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Mode Sportif PTY Limited.
7.3 Mode Sportif PTY Limited’s trade marks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by Mode Sportif PTY Limited.
7.4 All rights not expressly granted are reserved.
7.5 This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Mode Sportif PTY Limited’s direct control and Mode Sportif PTY Limited accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that Mode Sportif PTY Limited is entitled to require you to remove any link from another website to this Website which you install without obtaining Mode Sportif PTY Limited ‘s prior written consent.
8.1 You acknowledge that the Products require special maintenance. Mode Sportif PTY Limited will not be liable for any damage caused by any failure by You to maintain the Product properly.
8.2 Please note that the colours of Product may vary slightly from those displayed by Your computer monitor.
8.3 Please note that the Consumer and Competition Act 2010 (Cth) confers rights and remedies on you which cannot be excluded, restricted or modified ("Non-excludable Rights"). Notwithstanding any other term in this Agreement, Mode Sportif PTY Limited does not exclude any Non-Excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.
9 LIMITATION OF LIABILITY
9.1 To the extent permitted by law and subject to clause 9.2, in no event will MODE SPORTIF PTY Limited be liable for any Claims of any kind arising from or connected with the use of the Website or the Products, including, but not limited to, loss of use, loss of profits or loss of data, or direct, indirect, incidental, punitive and consequential damages.
9.2To the fullest extent permitted by law, MODE SPORTIF PTY Limited’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of MODE SPORTIF PTY Limited, to:
a. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
b. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such 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.
9.3 MODE SPORTIF PTY Limited’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if MODE SPORTIF PTY Limited has been notified of the possibility of such loss or damage.
9.4 You agree that MODE SPORTIF PTY Limited’s liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.
10.1 By accessing the Website, you agree to indemnify and hold Mode Sportif PTY Limited harmless from all Claims arising from or in connection with your use of the Website.
11 FORCE MAJEURE
11.1 Mode Sportif PTY Limited will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Mode Sportif PTY Limited Limited’s reasonable control.
12.1 Mode Sportif PTY Limited reserves the right to terminate this Agreement at any time.
12.2 Subject to clause 12.3, Mode Sportif PTY Limited shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
12.3 If the Product has not been delivered to You prior to any termination of this Agreement by Mode Sportif PTY Limited, Mode Sportif PTY Limited will refund to You any payment You have made prior to the termination.
13.1 The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.
13.2 This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by Mode Sportif PTY Limited in writing.
13.3 Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party's ability to subsequently exercise those rights.
13.4 The Agreement will be made on Mode Sportif PTY Limited’s acceptance of Your offer and will be, and is, governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia in any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement.
13.5 Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of New South Wales, Australia are an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.
13.6 If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.
13.7 Mode Sportif PTY Limited may be contacted by email at firstname.lastname@example.org or via post to:
Level 1, 8 Cross Street,
Double Bay, NSW 2028
"Agreement" means the terms and conditions that apply to the use of the Website which may be amended from time to time.
“Claim” means any claim, cost (including legal costs on a solicitor and client basis), damages, debt, expenses, tax, liability, loss, obligation, allegation, suit, action, demand, cause of action, proceeding or judgment of any kind however calculated or caused, and whether direct or indirect, consequential, incidental or economic.
" Mode Sportif PTY Limited " means MODE SPORTIF PTY Limited Pty Ltd (ABN 54 164 752 836 ).
"Products" means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.
"Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the Product.
"Website" means internet website with the URL www.modesportif.com and associated websites.
"You" means the user of the Website (and "Your" has the corresponding meaning).