Terms of service

Overview

Welcome to Rad Mod Cons. In these Terms, “Rad Mod Cons”, “we”, “us” and “our” refer to Rad Mod Cons (ABN 35 693 151 343).

We operate this online store and website, including its information, content, features, tools, products and services (the “Services”). Our store is powered by Shopify.

These Terms, together with the policies referred to in them, explain the terms that apply when you access or use our Services or purchase our products. Please read them carefully. By using the Services, you agree to these Terms. If you do not agree, do not use or access the Services.

Nothing in these Terms excludes, restricts or modifies rights or remedies that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.

Section 1 — Access and Account

You must be at least the age of majority in Australia to use the Services or place an order. If you allow a minor to use a device or account that you own or manage, you are responsible for that use.

You may be asked to provide information such as your email address, billing details, payment information and delivery address. You agree that the information you provide is accurate, current and complete, and that you are authorised to provide it.

You are responsible for maintaining the security of your account credentials and for activity conducted through your account. You must not transfer or sell your account to another person.

Section 2 — Our Products

We aim to describe and display our products accurately. Product colours and appearance may vary slightly depending on your screen, device settings and lighting.

Product descriptions, availability and features may be updated from time to time. We may discontinue a product or set reasonable purchase limits. These changes do not affect an order we have already accepted, except where a change or cancellation is permitted by law and we notify you accordingly.

Nothing in this section limits your rights under the Australian Consumer Law, including rights relating to product descriptions, acceptable quality and fitness for purpose.

Section 3 — Orders

When you submit an order, you make an offer to purchase the products in that order. Your order is accepted when we confirm acceptance. We may decline or cancel an order where permitted by law, including if a product is unavailable or there is an obvious pricing or listing error. If we cancel an order after you have paid, we will notify you and refund amounts paid for the cancelled products.

Please check your order carefully before submitting it. Contact us promptly if you need to request a change or cancellation. We cannot guarantee that we can change or cancel an order after it has been accepted or begun processing.

Returns, refunds and exchanges are handled under our Returns & Refunds Policy. That policy operates in addition to, and does not limit, your rights under the Australian Consumer Law.

Section 4 — Prices and Billing

Prices are shown in the currency indicated on the store. The product price and any shipping charges applicable to your order will be shown at checkout before you submit your order. The price charged for a product is the price shown when you place your order, subject to correction of an obvious error as described in these Terms.

Prices, discounts and promotions may change. Any promotion may also be subject to additional terms, which will be made available with the promotion. If those terms conflict with these Terms, the promotion terms apply to that promotion to the extent of the conflict.

You agree to provide current, complete and accurate purchase, payment and account information and to update it where necessary. You confirm that you are authorised to use the payment method supplied and agree to pay the amounts shown at checkout, including applicable shipping charges and taxes.

Section 5 — Shipping and Delivery

Our Shipping Policy explains dispatch estimates, delivery estimates, shipping charges and pre-orders.

Delivery dates are estimates. We will take reasonable steps to deliver orders within a reasonable time, and we remain responsible for consumer orders until they are delivered to you. We do not transfer the risk of loss or damage to you merely because an order has been handed to a carrier.

Nothing in these Terms or the Shipping Policy limits any rights or remedies you may have under the Australian Consumer Law.

Section 6 — Intellectual Property

The Services and their content—including text, images, graphics, video, audio, logos, designs and the selection and arrangement of those materials—are owned by Rad Mod Cons or its licensors and are protected by applicable intellectual property laws.

You may use the Services for personal, non-commercial purposes. Unless permitted by law or authorised by us in writing, you must not reproduce, modify, distribute, publicly display or perform, republish, or commercially exploit material from the Services.

Rad Mod Cons names, logos, product names, designs and slogans are our trademarks or are used under licence. You must not use them without our prior written permission. Shopify and other third-party marks belong to their respective owners.

Section 7 — Optional Tools

The Services may provide access to tools offered by third parties. We do not control those tools and are not responsible for their operation or availability.

Where permitted by law, third-party tools are provided by their respective providers on the terms those providers make available. Your use of a third-party tool is subject to the provider’s applicable terms. Nothing in this section excludes rights or liability that cannot lawfully be excluded.

New features or tools made available through the Services will also be subject to these Terms unless we specify otherwise.

Section 8 — Third-Party Links

The Services may include links to third-party websites or services. We do not control or endorse third-party content, websites, products or services and are not responsible for them.

If you choose to visit or use a third-party website or service, you do so under its terms and policies. Direct questions or complaints about a third party’s products or services to that third party. Nothing in this section excludes rights or liability that cannot lawfully be excluded.

Section 9 — Relationship with Shopify

Our online store is hosted by Shopify, which enables us to provide the Services. Sales of products through this store are made directly between you and Rad Mod Cons, not Shopify.

Shopify is not responsible for the products we sell or for transactions between you and Rad Mod Cons. Nothing in this section releases or limits any person’s liability where that release or limitation is not permitted by law, or affects your rights against Rad Mod Cons under the Australian Consumer Law.

Section 10 — Privacy Policy

Our Privacy Policy explains how we handle personal information collected through the Services. Shopify and other providers may also handle information under their own privacy policies.

Because the Services are hosted by Shopify, information you submit may be processed by Shopify and service providers, including providers located outside Australia, as described in our Privacy Policy and the relevant provider policies.

Section 11 — Feedback

If you submit reviews, suggestions, ideas or other content to us (“Feedback”), you confirm that you have the right to submit it and that it does not infringe another person’s rights or break the law.

You grant us a worldwide, royalty-free licence to use, reproduce, modify, publish and display your Feedback for purposes connected with operating, improving and promoting our Services and products. This does not transfer ownership of your Feedback. We may remove Feedback where we reasonably consider it unlawful, misleading, abusive, infringing or otherwise unsuitable for the Services.

You are responsible for the Feedback you submit and its accuracy. Nothing in this section limits rights or remedies that cannot lawfully be limited.

Section 12 — Errors, Inaccuracies and Omissions

Information on the Services may occasionally contain errors or omissions, including in product descriptions, prices, promotions, shipping charges, delivery estimates or availability. We may correct an error or update information.

If an error affects an order you have placed, we will contact you and explain the issue. We will not rely on this section to avoid an obligation that applies under the Australian Consumer Law. If we cancel an order where cancellation is permitted by law, we will refund any amount paid for the cancelled products.

Section 13 — Prohibited Uses

You may use the Services only for lawful purposes. You must not use them to:

• break any applicable law or infringe another person’s rights;
• submit false or misleading information or impersonate another person;
• harass, abuse, threaten or harm another person;
• send spam or unauthorised advertising;
• upload or transmit malware or other harmful code;
• interfere with the security, operation or availability of the Services;
• collect another person’s personal information without authority; or
• scrape, copy, resell or exploit the Services except as permitted by law or with our written permission.

We may suspend or restrict access to the Services where reasonably necessary to protect the Services, our customers or others, or to address a breach of these Terms. Any action we take will be subject to applicable law and will not affect rights relating to an accepted order or statutory consumer rights.

Section 14 — Termination

You may stop using the Services at any time. We may suspend or terminate your access where reasonably necessary, including if you materially breach these Terms, use the Services unlawfully or create a security risk.

Termination does not affect rights or obligations that accrued before termination, an order already accepted, or any right or remedy that cannot lawfully be excluded. Provisions that by their nature are intended to continue after termination will continue to apply.

Section 15 — Consumer Guarantees and Warranties

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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.

Nothing in these Terms excludes, restricts or modifies consumer guarantees, rights or remedies under the Australian Consumer Law, or any other rights or remedies that cannot lawfully be excluded.

Section 16 — Limitation of Liability

Nothing in these Terms limits or excludes:

• your rights or remedies under the Australian Consumer Law;
• our liability for a breach of a consumer guarantee or other obligation that cannot lawfully be excluded or limited; or
• any liability that applicable law does not permit us to exclude or limit.

For a purchase to which the Australian Consumer Law’s consumer guarantees apply, your remedies are those provided by that law. The remedies available depend on the circumstances and the type and seriousness of the failure.

For a purchase that is not a consumer purchase under the Australian Consumer Law, and only to the extent permitted by law, our liability for a product claim is limited, at our election, to resupplying, repairing or replacing the goods, or refunding the purchase price of the goods. To the extent permitted by law, our total liability for such a non-consumer purchase will not exceed the purchase price of the goods giving rise to the claim.

These limits do not apply where they are prohibited by law. Nothing in this section limits liability for loss or damage that cannot lawfully be limited.

Section 17 — Indemnification

You are responsible for losses we reasonably incur as a direct result of your unlawful use of the Services or your wilful infringement of another person’s rights. This does not apply to the extent a loss was caused by our act or omission, or where the responsibility cannot lawfully be imposed on you.

Section 18 — Severability

If any provision of these Terms is unlawful or unenforceable, it will be severed or read down to the minimum extent necessary. The remaining provisions will continue to apply, except where doing so would be unlawful.

Section 19 — Waiver and Entire Agreement

If we do not enforce a right under these Terms immediately, that does not mean we have waived it.

These Terms and the policies they refer to form the agreement between you and us concerning your use of the Services and replace any earlier version of those terms, to the extent permitted by law. Nothing in this section limits rights or remedies that cannot lawfully be excluded.

Section 20 — Assignment

You may not transfer your rights or obligations under these Terms without our written consent, except where permitted by law. We may transfer our rights or obligations where permitted by law, provided that doing so does not reduce your rights or remedies.

Section 21 — Governing Law

These Terms are governed by the laws of Queensland, Australia. You and Rad Mod Cons submit to the non-exclusive jurisdiction of the courts of Queensland and any courts entitled to hear appeals from them.

The Australian Consumer Law applies to Australian consumers where applicable, regardless of this governing law clause.

Section 22 — Headings

Headings are included for convenience and do not affect the interpretation of these Terms.

Section 23 — Changes to These Terms

We may update these Terms by publishing a revised version on our website. Changes will apply from the date they are published, unless we specify a later date. Changes do not alter the terms applying to an order already accepted, except where permitted by law.

Section 24 — Contact Information

Questions about these Terms can be sent to hello@radmodcons.com

Rad Mod Cons (ABN 35 693 151 343)
Sunshine Coast, Queensland, Australia