Terms of service

Overview

This website is operated by [LEGAL ENTITY NAME] (ABN [ABN]), trading as "NEVERMODERN". Throughout the site, the terms "we", "us", and "our" refer to NEVERMODERN. NEVERMODERN offers this website, including all information, tools, and services available from this site to you, the user, conditioned on your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms"), including the additional terms, conditions, and policies referenced here or available by hyperlink — in particular our Privacy Policy and Returns & Refunds Policy. These Terms apply to all users of the site, including browsers, customers, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any service.

We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the website following any change constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell products to you.

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy implied or imposed by the Australian Consumer Law (ACL) or any other legislation that cannot lawfully be excluded.

1. Eligibility and Online Store Terms

1.1 By agreeing to these Terms, you represent that you are at least 18 years of age, or that you have the consent of a parent or guardian to use this site.

1.2 You may not use our products for any illegal or unauthorised purpose, and you must not, in the use of the Service, violate any laws in your jurisdiction (including copyright laws).

1.3 You must not transmit any worms, viruses, or any code of a destructive nature.

1.4 A breach or violation of any of these Terms will result in immediate termination of your access to our services.

2. General Conditions

2.1 We reserve the right to refuse service to anyone, for any lawful reason, at any time.

2.2 You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks, and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer.

2.3 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, the website, or its content without our prior written permission.

2.4 The headings in this agreement are for convenience only and will not limit or otherwise affect these Terms.

3. Accuracy of Information

3.1 We are not responsible if information on this site is not accurate, complete, or current. Material on this site is provided for general information only and should not be relied on as the sole basis for making decisions without consulting more accurate or timely sources.

3.2 This site may contain historical information that is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information.

4. Products, Pricing, and Availability

4.1 All products sold through NEVERMODERN are sold subject to availability. We reserve the right to limit the quantities of any products we offer and to discontinue any product at any time.

4.2 Prices for our products are displayed in Australian dollars (AUD) and are inclusive of GST where applicable. Prices are subject to change without notice.

4.3 We have made every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that your device's display of any colour will be accurate.

4.4 Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice — including after you have submitted an order.

4.5 If we cancel an order due to a pricing error or stock issue, we will refund any payment you have made in full.

5. Orders and Payment

5.1 By placing an order, you make an offer to us to purchase the products you have selected on these Terms. We may accept or reject your offer at our discretion.

5.2 An order is only accepted by us when we send you an order confirmation email. We reserve the right to refuse or cancel any order before this point — including, for example, where there is a stock issue, a suspected fraud, or a pricing error.

5.3 You agree to provide current, complete, and accurate purchase and account information for all purchases at our store, and to promptly update your account information so we can complete your transactions and contact you as needed.

5.4 Payment is processed at the time of checkout through Shopify's payment systems or our nominated third-party payment processors. We do not store your full credit card details on our servers.

6. Shipping and Delivery

6.1 NEVERMODERN currently ships within Australia only.

6.2 Estimated delivery times are provided as a guide. We are not liable for delays caused by the courier, by incorrect address details supplied at checkout, or by events outside our reasonable control.

6.3 Risk in the goods passes to you on delivery to the address you provided at checkout. Where a parcel is marked as delivered by the courier but you have not received it, please contact us at contact@nevermodern.co and we will assist in investigating with the courier, subject to the terms in our Returns & Refunds Policy.

7. Returns, Refunds, and Consumer Guarantees

7.1 Our Returns & Refunds Policy forms part of these Terms.

7.2 You have rights under the Australian Consumer Law that cannot be excluded. Among other things, our products come with consumer guarantees that they are of acceptable quality, fit for any disclosed purpose, and match their description. If a product fails to meet a consumer guarantee, you are entitled to a remedy — for a major failure, you may choose a refund or replacement; for a minor failure, we may offer to repair the product within a reasonable time.

7.3 Nothing in these Terms or our Returns & Refunds Policy is intended to limit your rights under the Australian Consumer Law.

8. Intellectual Property

8.1 All content on this site — including text, graphics, logos, images, product designs, photography, and the "NEVERMODERN" name and any associated marks — is owned by or licensed to [LEGAL ENTITY NAME] and is protected by Australian and international copyright, trademark, and other intellectual property laws.

8.2 You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the website for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any content from the site without our prior written consent, except as expressly permitted by these Terms.

9. User Comments, Feedback, and Other Submissions

9.1 If, at our request or otherwise, you send us creative ideas, suggestions, proposals, plans, product reviews, or other materials (collectively, "comments"), you agree that we may edit, copy, publish, distribute, translate, and otherwise use those comments in any medium, without restriction or compensation to you.

9.2 We have no obligation to (i) maintain any comments in confidence, (ii) pay compensation for any comments, or (iii) respond to any comments.

9.3 We may, but have no obligation to, monitor, edit, or remove content we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates a third party's intellectual property or these Terms.

9.4 You agree that your comments will not violate any right of any third party (including copyright, trademark, privacy, or personality rights), will not contain libellous or otherwise unlawful, abusive, or obscene material, and will not contain any computer virus or other malware. You are solely responsible for any comments you make and their accuracy.

10. Prohibited Uses

In addition to the prohibitions in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any international, federal, state, or local regulations or laws; (d) to infringe upon our or any third party's intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload viruses or other malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your access for violating any prohibited use.

11. Third-Party Links and Tools

11.1 Certain content, products, and services available through our Service may include materials from third parties.

11.2 Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services.

11.3 We may provide access to third-party tools (such as size guides, payment processors, or analytics) over which we have no control. You acknowledge and agree that we provide such access "as is" without any warranties of any kind. Your use of any such tools is at your own risk, and you should ensure you are familiar with the terms of the relevant third-party provider.

12. Personal Information and Privacy

Your submission of personal information through our store is governed by our Privacy Policy, which forms part of these Terms.

13. Electronic Communications

13.1 If you opt in at checkout or on our site, you consent to receive marketing communications from us by email. You can withdraw consent at any time by clicking the "unsubscribe" link in any marketing email or by contacting us at contact@nevermodern.co.

13.2 We comply with the Spam Act 2003 (Cth). We will only send you commercial electronic messages where we have your consent, every message will clearly identify NEVERMODERN as the sender, and every marketing message will contain a functional unsubscribe option.

13.3 Transactional messages (such as order confirmations, shipping updates, and customer service responses) are not marketing messages and may be sent without separate consent — these are necessary to fulfil your order.

14. Disclaimer of Warranties and Limitation of Liability

14.1 Consumer guarantees. Nothing in this clause limits or excludes any consumer guarantee, right, or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded.

14.2 Subject to clause 14.1, we do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free, or that the results obtained from use of the Service will be accurate or reliable.

14.3 Subject to clause 14.1, our liability to you for any loss or damage arising from or in connection with these Terms, our products, or our Service — whether in contract, tort (including negligence), under statute, or otherwise — is limited, at our option, to:

(a) for goods supplied: the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing or repairing the goods, or the resupply of the goods; and

(b) for services supplied: the resupply of the services, or the payment of the cost of resupply.

14.4 Subject to clause 14.1, we are not liable for any indirect, incidental, special, punitive, or consequential loss (including loss of profits, lost revenue, lost savings, loss of data, or replacement costs), whether arising in contract, tort, or otherwise, even if we have been advised of the possibility of such loss.

15. Indemnification

You agree to indemnify, defend, and hold harmless [LEGAL ENTITY NAME] and our directors, officers, employees, affiliates, agents, contractors, service providers, suppliers, and interns from any claim or demand — including reasonable legal fees — made by any third party due to or arising out of your breach of these Terms or the documents they incorporate, or your violation of any law or the rights of a third party. This clause does not apply to the extent that the relevant claim or demand arises from our negligence or breach of these Terms.

16. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms — that determination will not affect the validity and enforceability of any other remaining provisions.

17. Termination

17.1 The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.

17.2 These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use our site.

17.3 If in our reasonable judgement you fail, or we suspect you have failed, to comply with any term of these Terms, we may terminate this agreement at any time without notice — and you will remain liable for all amounts due up to and including the date of termination — and/or deny you access to our Services.

18. Entire Agreement

18.1 Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision.

18.2 These Terms and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement between you and us governing your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals (whether oral or written) between you and us.

18.3 Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

19. Governing Law

These Terms and any separate agreements by which we provide services to you will be governed by and construed in accordance with the laws of South Australia, Australia. You and we submit to the non-exclusive jurisdiction of the courts of South Australia and the Commonwealth of Australia.

20. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

21. Contact Information

Questions about these Terms of Service should be sent to us at contact@nevermodern.co.

NEVERMODERN
[LEGAL ENTITY NAME]
ABN: [ABN]
[BUSINESS ADDRESS]
Email: contact@nevermodern.co