Terms of service
1. Overview and Acceptance
This website is operated by Modern Australian Boots (ABN 73 745 285 900) (“MAB”, “we”, “us”, “our”). By visiting our site, creating an account, and/or purchasing from us, you engage in our “Services” and agree to be bound by these Terms of Service (“Terms”), including any policies referenced or linked here (such as our Privacy Policy, Shipping Information, and Returns & Exchange Policy). If you do not agree to these Terms, you must not access or use the Services. Any new features or tools added to the current store are also subject to these Terms. We host our online store on Shopify Inc., which provides the ecommerce platform that enables us to sell our products and services.
2. Eligibility and Account
By using the Services, you warrant that you are at least the age of majority in your state or territory of residence, or that you are the age of majority and have given us consent to allow any minor dependents to use the site under your supervision. You agree to provide current, complete, and accurate account, order, and contact details, and to promptly update them so we can fulfil your orders and contact you as needed. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
3. Orders, Acceptance, and Availability
Your order is an offer to purchase products at the price displayed (plus applicable shipping, duties, taxes, and fees). We may accept or reject your order at our discretion. Order acceptance occurs when we send an order confirmation email and have received cleared payment. Product availability can change without notice. If an item is out of stock after you order, we will use reasonable efforts to contact you to arrange a refund, a delay, or an alternative product. We may refuse, cancel, or limit quantities per person, household, or order where we reasonably suspect fraud, resale, or breach of these Terms.
4. Pricing, Payments, and Title
Prices are shown in Australian dollars (AUD) unless stated otherwise and may change without notice. Pricing on the website may differ from any in-store or promotional pricing. We do not price match. Payment must be received in cleared funds before dispatch. If your payment method is declined or later reversed, we may cancel the order or require another payment method. Title to products passes on receipt of full payment; risk of loss passes on delivery as described in Section 6. Refunds, when approved, are processed back to the original payment method in accordance with card scheme rules and our Returns & Exchange Policy.
5. Product Information, Colours, and Sizing
We try to describe products accurately; however, errors, inaccuracies, and omissions may occur. Images are for illustrative purposes only; colours can vary due to device displays, lighting, and natural variations in materials. Measurements and sizing guides are approximate. You are responsible for ensuring the product’s dimensions, features, and care requirements are suitable for your intended use before ordering.
6. Shipping, Delivery, Risk, and Customs
Shipping options, fees, and estimated timeframes are set out in our Shipping Information, which forms part of these Terms. Estimates are provided as guidance only and are not guarantees. We typically dispatch orders within the stated processing window, excluding weekends and public holidays, but dispatch and transit may be delayed by events outside our control. Unless you unselect Authority to Leave (ATL) at checkout, domestic parcels may be delivered without signature and left in a safe place at the delivery address. When ATL is applied or a shipment is marked “Delivered” by the carrier, delivery is deemed complete and risk of loss or theft transfers to you. If you prefer signature on delivery, you must select that option at checkout.
For international orders, you are responsible for all import duties, customs fees, taxes, brokerage charges, and any delays caused by customs inspections. International tracking may be limited after a parcel leaves Australia, depending on the destination carrier. If a parcel is returned to us because of incorrect address details, non-collection, refusal, or other issues outside our control, re-delivery fees and/or a restocking fee may apply per our Shipping Information.
7. Returns, Exchanges, and Consumer Guarantees
Our Returns & Exchange Policy explains eligibility, time limits, packaging requirements, and the process for returns, exchanges, and credit notes. Change-of-mind returns are available only as permitted by that policy. Nothing in these Terms limits your non-excludable rights under the Australian Consumer Law (ACL). Where goods have a major failure, you are entitled to a refund or replacement; where the failure is not major, you are entitled to have the goods repaired or replaced within a reasonable time.
8. Prohibited Conduct and Site Use
You must not misuse the Services, interfere with security or network operations, attempt to access unauthorised areas or data, inject malware, or use the site to engage in unlawful, harassing, defamatory, discriminatory, or otherwise objectionable conduct. You must not use our products for any illegal or unauthorised purpose. We may suspend or terminate your access if we reasonably believe you have breached these Terms or applicable laws.
9. Intellectual Property and User Content
All content on the Services, including text, graphics, logos, photographs, product names, and trade marks, is owned by or licensed to MAB and UGG 1978AUS and is protected by intellectual property laws. You must not copy, reproduce, adapt, distribute, publish, or create derivative works without our prior written consent, except as permitted by law. If you submit reviews, photos, comments, or other materials (“User Content”), you grant MAB a worldwide, royalty-free, perpetual licence to use, reproduce, modify, publish, translate, distribute, and display such User Content in any media for our business purposes. You represent that you have all rights necessary to grant this licence, and that your User Content does not infringe any rights or laws. We may moderate, edit, or remove User Content at our discretion.
10. Third-Party Services and Links
The Services may include tools, integrations, or links provided by third parties (including payment processors, couriers, analytics providers, and social media platforms). We do not control and are not responsible for third-party content, policies, or practices. Your use of third-party services is at your own risk and subject to those third parties’ terms and privacy policies.
11. Optional Tools and New Features
We may provide access to optional tools or beta features “as is” and “as available” without warranties or endorsements. Your use of such tools is at your own risk and discretion. Any new features or Services will also be subject to these Terms.
12. Mobile (SMS) Terms
If you opt in to receive SMS, you consent to receive recurring text messages to the mobile number you provide, which may include order updates, reminders (including cart), review requests, and promotional messages. Message frequency varies. Consent is not a condition of purchase. Message and data rates may apply. You can opt out at any time by replying STOP; for support reply HELP or contact us. We may change short codes or numbers used for the Service and will notify you of changes; messages to retired numbers may not be received. We are not liable for delayed or undelivered messages to the extent permitted by law. We handle your data per our Privacy Policy.
13. Disclaimers
To the fullest extent permitted by law, the Services and all products are provided on an “as is” and “as available” basis. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We do not warrant that product descriptions or other content are accurate, complete, reliable, current, or error-free. Shipping timeframes are estimates only; we are not liable for delays due to carriers, customs, weather, or events beyond our reasonable control.
14. Limitation of Liability
Nothing in these Terms excludes, restricts, or modifies any right or remedy or any guarantee, warranty, or other term implied or imposed by statute (including the ACL) which cannot lawfully be excluded. Subject to your non-excludable rights under the ACL, and to the extent permitted by law, MAB and our directors, officers, employees, agents, contractors, suppliers, and licensors are not liable for any indirect, incidental, special, consequential, punitive, or exemplary loss or damage (including loss of profits, revenue, savings, data, goodwill, or opportunity), whether arising in contract, tort (including negligence), statute, equity, indemnity, or otherwise, even if we have been advised of the possibility of such loss. Where our liability cannot be excluded, and to the extent permitted by law, our aggregate liability to you for loss or damage arising out of or in connection with the Services or any product is limited to the amount you paid for the product(s) giving rise to the claim.
15. Indemnity
You agree to indemnify and hold harmless MAB and our related parties from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your breach of these Terms, your misuse of the Services, your User Content, or your violation of any law or third-party rights.
16. Errors, Inaccuracies, and Omissions
Occasionally there may be information on the site or in the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, 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 your order), except as limited by law.
17. Force Majeure
We will not be liable for any delay or failure to perform due to events beyond our reasonable control, natural disasters, war, terrorism, pandemics, labour disputes, government actions, failures of suppliers or carriers, utility or communications outages, or any other event of force majeure.
18. Suspension and Termination
We may suspend or terminate your access to the Services at any time if we reasonably believe you have breached these Terms, engaged in fraud or unlawful conduct, or caused risk or possible legal exposure for us. You may stop using the Services at any time. Sections that by their nature should survive (including ownership, disclaimers, limitations of liability, indemnities, and governing law) will survive termination.
19. Changes to the Services and to These Terms
We may modify, suspend, or discontinue any part of the Services at any time without notice. We may also update these Terms from time to time. The updated Terms will be posted on this page with a revised “Last updated” date. Your continued use of the Services after any changes constitutes acceptance of the updated Terms.
20. Privacy and Cookies
Your submission of personal information through the store is governed by our Privacy Policy. We use cookies and similar technologies as described in that policy. By using the Services, you consent to our privacy and cookie practices.
21. Notices and Communications
We may provide notices to you electronically via email, through the Services, or to your account dashboard. You consent to receive communications electronically and agree that such notices satisfy any legal requirement that such communications be in writing.
22. Governing Law and Venue
These Terms are 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 and the Commonwealth of Australia. If any provision of these Terms is held unlawful or unenforceable, that provision will be deemed severed to the extent necessary, and the remaining provisions will continue in full force and effect.
23. Assignment
You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, corporate reorganisation, or sale of assets.
24. Entire Agreement and No Waiver
These Terms, together with policies and documents referenced or linked herein, constitute the entire agreement between you and MAB regarding the Services and supersede all prior agreements and understandings. Our failure to enforce any right or provision is not a waiver of such right or provision.
25. Contact
Questions about these Terms should be sent to sales@modernaustralianboots.com.au
Optional checkout disclaimer (short, protective):
“By placing your order, you agree to our Terms of Service, Privacy Policy, Shipping Information, and Returns & Exchange Policy. Shipping timeframes are estimates only and may be affected by carriers or customs. For ATL deliveries or parcels marked ‘Delivered’, risk transfers to you. International customers are responsible for import duties and taxes.”