Terms & Conditions

These Terms of Service (“Terms”) are effective as of: 1 March 2023 “Effective Date”

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

1. Introduction

1. The website www.modern-living.co.za by Modern (hereinafter referred to as “Modern Living”, “we”, “our” or “us”). The Terms herein are entered into by and between Modern Living and the User. Any reference to “Modern Living”, “we”, “our” or “us”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
2. These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to any User who uses any one or more of the Services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “User”, “you” or “your”).
3. Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
4. To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website. Such modifications will require acceptance by you prior to your continued use of the Website and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website.

2. Terminology

1. “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using, or does not use, the Services offered by us;
2. “Business Days” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa during working hours;
3. “Cart” shall mean the User’s Cart on the Website in which it stores intended purchases prior to payment being made;
4. “Goods” shall mean the products and/or services as made available to a User for purchase on the Website, and which shall include, inter alia, goods and/or services relating to the following: home accessories, furniture, bedding, appliances, décor, etc;
5. “Party” or “Parties” shall mean Modern Living Pty Ltd and/or or the User as the context implies;
6. “Personal Information” shall mean the Personal Information as required from the User in order to register for the Services;
7. “Registration Process” refers to the Registration Process to be followed by a Browser on our Website in order to enable them to use the Services and thus make the transition from a Browser to a User;
8. “Services” shall refer to the Services provided by us to the User as set out in clause  4 below;
9. “Terms” shall mean these Terms of Service as read together with the Privacy Policy; and
10. “User” shall mean the Browser who completes the Registration Process on the Website in order to make use of the Services.
11. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

3. Your agreement to these Terms

1. Subject to, and on the basis of a User’s acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.

4. Description of our Services

1. The Website enables you to shop for and purchase Goods.

5. Registration Process

1. Only Users may order and purchase Goods through the Website.
2. In order to register as a User you will, through the Registration Process, be prompted to provide login details as well as submit certain Personal Information as contained in the Privacy Policy.
3. The provisions pertaining to the processing of your Personal Information are set out more fully in our Privacy Policy.
4. Each time a User wishes to make use of the Services, the User shall be required to log into the Website using their login details.
5. In the event of a User being of the view that their login details are being used by someone else, please contact us immediately at support@modern-living.co.za.

6. Purchase of Goods

1. The Goods as selected by the User for purchase together with the individual price thereof shall be reflected in the User’s Cart. The price of each of the Goods shall automatically be tallied in the Cart, as a total, which total shall be inclusive of VAT to the extent that we are registered for VAT.
2. The cost of delivery of the Goods shall also be included in the total comprising the User’s Cart.

7. Payment

Methods of Payment:

1. Credit Card – where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
2. Electronic Funds Transfer (“EFT”) or Bank Transfer.
3. Goods will only be released for delivery once payment has been received into our banking account.

8. Delivery and Collection

General Delivery Information:

1. The physical Goods shall be delivered to the User through the services of a courier of our selection:
2. The physical Goods shall be delivered to the User at the physical address provided during the checkout process (South African addresses only).
3. You accept that Modern Living does not have to prove that you personally received the delivery of such goods.  You agree that we would only be required to prove that someone not necessarily yourself signed for the goods at your specified and confirmed delivery address. Although we monitor every purchase order to      ensure your package is delivered.
4. On delivery proof of identity will be required. By signing the waybill the receiver confirms that the goods were received undamaged and in good condition.
5. Upon delivery products should be inspected and not accepted if an item is damaged – any faults, damages or missing items need to be reported to Modern Living within 48 hours. Report to support@modern-living.co.za.
6. Should you have not received your delivery of goods after 24 hours of the delivery date confirmed by us, you would need to contact us within a maximum of 48 hours. Should you fail to notify us of a no delivery within the given period, you agree that it would be deemed that you received the purchased goods.
7. Delivery of products purchased through the online store is subject to the geographical delivery framework as determined by our courier partner. Should your delivery address fall into one of these categories, you will be liable for any additional costs incurred in delivery, storage and or returning the parcel.  (Category list as follows; plots, farms, mines, military bases, major chain stores, power stations, game reserves and lodges and harbours)
8. Any other additional charges that may be levied in respect of the delivery of the physical Goods or forced return of the physical Goods, shall be for the User’s account. (wrong address, exchange, etc)
9. Our obligation to provide the Goods to you is fulfilled upon delivery/collection thereof. We are not responsible for any loss or unauthorised use of the Goods after provision thereof to you.
10. Delivery will be scheduled as soon as the products are ready for dispatch, no stock will be kept/reserved for longer than 5 days after your purchase.

Delivery Cost:

1. Delivery prices are determined by location and the weight and dimensions of the products purchased. The price of delivery will be calculated automatically upon checkout.
2. If the actual price of delivery differs from the price given during checkout, we will contact you to before dispatching your order. We will not be held responsible for cancelled orders due to delivery cost variations

Free Delivery or Discounted Delivery Deals:

1. Delivery deals will either be in the form of a coupon code or will automatically be applied on checkout.
2. Online delivery deals are for online purchases only and not available for in store purchases.

Delivery Time Frames & Stock Availability:

1. Modern Living will endeavour for your purchase to be delivered within 3-7 working days, taking into consideration the availability of stock and region. Delivery time period may differ according to peak trading. Stock that are on back-order may take longer to deliver.
2. We will inform you by email if you can expect a delay. Every effort will be made to keep within the normal delivery timeframe, but we will inform you by email if you can expect a delay.

General Collection Information:

1. Free collection is available at any of our listed collection points.
2. You will choose the applicable collection point upon checkout. Any extra costs incurred by selecting the incorrect collection point and not notifying us immediately after the purchase, will be for the User’s account.
3. You will be notified once your order is ready for collection. No order will be released at the collection point until you have received this confirmation from Modern Living.
4. After you have received your collection notification, your goods need to be collected within 5 working days.

9. Exchange and Returns

1. Should an incorrect product be supplied by Modern Living, Modern Living shall exchange the product for the correct one, provided that the product is returned in its original packaging with all manuals, accessories and warranty cards.
2. Should you receive a damaged or faulty item it should be reported immediately by emailing support@modern-living.co.za. Faulty items not reported within 48hours of the delivery will not be accepted. Damaged items should not be accepted by the courier.
3. No in store refunds will be done for online purchases. A product can either be exchanged or a credit voucher can be provided. A refund will only be credited only to your bank account.
4. All exchanges for faulty goods will be done in line with the terms of the CPA. The supplier may inspect the item to establish the cause of the problem.
5. All returns or exchanges shall be initiated by contacting support@modern-living.co.za. We will not accept any return that has not been communicated and approved by Modern Living.
6. Should a product in our reasonable discretion not be suited to be returned, Modern Living shall not be obliged to accept such return.
7. A 10% admin fee and shipping cost will be charged on all refunds. Refunds will only be released once item has been returned and are in original unopened condition with all accessories and manuals. Refunds can take up to 14 days after item has been returned to clear

10. Pricing

General Pricing:

1. Prices on the website may differ from in-store. Prices displayed online are for online purchases only, unless stated otherwise.
2. Time-based pricing is only available for the times stipulated by Modern Living’s adverts and as displayed on the website – any purchases done outside of such times, will not be honoured at the special pricing.
3. In the event of a pricing error, products will not be dispatched until the correct value is settled in full. Products are the property of Modern Living until paid for in full.

11. Sales Agreement

An agreement of sale between Modern Living and a user only comes into effect when:

1. A credit card authorisation is received from the issuing bank; or
2. A deposit of an electronic transfer is reflected on Modern Living’s bank statement (and only if such payment is received within 5 (five) working days after completion of the purchase cycle; or
3. A direct deposit is reflected on Modern Living’s bank statement (and only if such payment is received within 5 (five) working days after completion of the purchase cycle.
4. Modern Living reserves the right to refuse to accept and/or execute an order without giving any reasons. We also reserve the right to cancel orders in whole or in part as circumstances dictate. Modern Living shall only be liable to refund monies already paid by the user.
5. Modern Living shall take all reasonable efforts to maintain correct prices. However, should an error occur and items are offered at incorrect prices, Modern Living will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies already paid by the user.
6. All appliances purchased at Modern Living are intended for domestic use unless otherwise stipulated. Should it be used for commercial/industrial purposes, all warranties on the appliance will be forfeited.
7. Product Warranties: Product warranties may differ and are stipulated on the product page. For faulty goods contact our customer support at support@modern-living.co.za
8. Warranty Claims: All small appliances (including microwaves and 32” TV’s) requiring service/repairs, must be taken into your nearest Modern-Living Store. Contact us on support@modern-living.co.za for more information.

12. Warranties by the User

1. The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.

The User further warrants that when registering on the Website it:

1. is not impersonating any person; and
2. is not violating any applicable law regarding use of personal or identification information.
3. Further and insofar as the Registration Process is concerned, the User warrants that the login details shall:
4. be used for personal use only; and
5. not be disclosed by a User to any third party.
6. For security purposes the User agrees to enter the correct login details whenever purchasing Goods, failing which access will be denied.
7. The User agrees that, once the correct login details relating to the User’s account have been entered, irrespective of whether the use of the Log in Details is unauthorised or fraudulent, the User will be liable for payment of any such Goods purchased.

13. Disclaimer

We make no representation or warranty (express or implied) that the Website or Services will:

1. meet a User’s needs;
2. be accessible at all times;
3. be accurate, complete or current; or
4. be free from viruses.

1. Subject to any express terms, Modern Living makes no representation or warranty as to the volume or subject area of Services accessible through the Website.
2. Except for any express warranties in these Terms the Services are provided “as is”. Modern Living makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website.
3. Modern Living does not warrant that the use of the Website will be uninterrupted or error free, nor does Modern Living warrant that we will review information for accuracy.
4. Modern Living shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Modern Living. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.
5. When you visit the Modern Living Website, you consent to receive communication from Modern Living electronically and agree that all agreements, notices, disclosures and other communication sent by us satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
6. You must ensure that the goods are fit for the purpose for which you want to buy them and are in good condition and free of any form of defects before you take delivery of the goods. It is a responsibility of the customer to ensure before delivery, that the goods listed on the till slip, or your purchase order correspond in description, price and quantity with the goods purchased. You agree to adhere to the user/manufacturer’s instructions and ensure that you make yourself aware of all product warnings and safety instructions prior to the installation or use of all products purchased from Modern Living. You are to keep proof of any repairs conducted and authorized by Modern Living and proof of purchase on all returned goods.
7. You must make sure of all measurements and sizes before purchasing your goods, as we will not replace or refund you if the goods do not fit into the room/intended location or through a door.
8. The onus is on you to advise us if the goods are for a particular purpose when entering the transaction, and we cannot be held liable if you have not advised us of the goods particular purpose.
9. Although Modern Living has tried to display the goods and their colours as accurately as possible, the displayed products and colours of the products will also depend upon your equipment, and we cannot guarantee that your equipment will display an accurate representation of the actual goods or their colours.
10. Image Disclaimer: Where products are displayed with compatible devices, these devices will not be included as part of the sales price unless specifically identified as part of a product bundle. In all other cases images are shown to display products within a lifestyle setting and do not include part of a sales proposal including any said devices or lifestyle additions.

14. Unauthorised use of the Website or email addresses as provided by us

1. A User may not use the Website for any objectionable or unlawful purpose.
2. A User, apart from uploading Personal Information as required when completing the Registration Process may also after the purchase of Goods add a review or comment relating to the Goods so purchased by it.
3. We reserve the right to remove any such review if same is untrue, inflammatory or libellous.
4. A User undertakes not to send to us spam mail or make use of other unsolicited mass e-mailing techniques.
5. A User shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us.
6. A User may not sell, redistribute or use information contained on the Website for a commercial purpose without our prior written consent.
7. A User may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of our emails.
8. A User understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Services.

15. Links to other Websites

1. The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a user’s access to or use of any third-party website.

16. Limitation of Liability and Indemnity

1. The Website shall be used entirely at a User’s own risk.
2. We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person’s use of or conduct in connection with the Website, in any circumstance.
3. We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue.
4. A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Website, including any breach by a User of these terms or any applicable law or licensing requirements.
5. To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User’s use of the Website.
6. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence), to a User will be limited to the minimum amount imposed by such law.
7. Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.

17. Copyright

• 1. Modern Living and the contents of the Website are the property of Modern Living, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
  2. Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
  3. Users are expressly prohibited to “mirror” any content, contained on the Website, on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
  4. The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.
  5. All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website, where not evidently that of third parties, are the exclusive property of Modern Living.

18. Intellectual Property

1. A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.
2. We own or are licensed to use all intellectual property on the Website. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

19. Breach

1. If either Party commits a breach of the Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Terms and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.

20. Arbitration

1. Any dispute which arises between the Parties in respect of the Terms shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.
2. If either Party provides written notification to the other that such attempt has failed then each Party shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) days of such dispute being referred.
3. If agreement is not reached as to the appointment of such mediator within 10 (ten) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 30 (thirty) days after such appointment then any Party may give written notice to the other Parties referring the dispute to arbitration in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.
4. Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

The arbitration shall be held –

1. at/in Limpopo or other venue agreed by the parties in writing;
2. in English; and
3. immediately and with a view to its being completed within 21 (twenty-one) days after it is demanded.

The Parties irrevocably agree that the decision in arbitration proceedings:

1. shall be final and binding upon them;
2. shall be carried into effect;
3. may be made an order of any court of competent jurisdiction.

21. Assignment and Novation:

1. We may assign or novate any of our rights or obligations under these Terms without a User’s consent. A User may not assign or novate any of his/her rights.

22. Force Majeure:

1. The failure of either Party to fulfil any of their obligations under these Terms shall not be considered to be a breach of, or default provided such inability arises from an event of Force Majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event.
2. During the subsistence of Force Majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of Force Majeure continues for more than 14 (fourteen) days by giving written notice to the other.

23. General

1. To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
2. Subject to the dispute resolution provisions above, to the extent necessary and/or possible, you consent to the non-exclusive jurisdiction of the High Court in Limpopo, or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.

24. Severance

1. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

25. Domicilium Citandi Et Executandi and Contact Information

The User and Modern Living choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:

1. Modern Living Pty Ltd: 55 Rabe Street Mokopane 0600. Email: support@modern-living.co.za.
2. User: The address as provided when registering on the Website.

1. Both the User and Modern Living may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.

All notices to be given in terms of these Terms will:

1. be given in writing;
2. be delivered or sent by email; and
3. be presumed to have been received on the date of delivery.

Lay By

1.Open a Lay-By :
To open a Lay-By you need a valid ID, Drivers License or Passport. Lay-By is available to SA Residents and Non SA Residents.

2. Deposit:

A minimum deposit of R10 is required to open a Lay-By

3. Payment:

Pay what you can afford. No monthly fixed payments as long as your full payment is made within the contract period.

4. Contract Period:

You have 24 months to pay from the date your deposit is paid on the normal price or 3 months on the promotion price. A handling fee of 10% and a cancellation fee of 1% will be charged, of the normal product price, if Lay-By is not settled within the contract period.

5. Settlement:

If you wish to do a settlement, you need to notify the store at least 14 days in advance to ensure your stock is ready for collection or delivery.

6. Item Change:

If you wish to exchange your original item, you need to do an application for an item exchange and pay a handling fee of R200.

7. Proof of Payment:

No Proof of Payment – No Goods. Keep your slip safe, Modern Living will not be held responsible for a lost proof of payment.

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