Greetings from Modish Bear. Your use of our website and your purchases from our online store are governed by these Terms and Conditions ("Terms").
The terms "Modish Bear", "we", "our", and "us" refer to Modish Bear throughout these Terms. "You" and "your" refer to any individual who visits our website or makes a purchase from us.
By visiting our website, registering, placing an order or otherwise using our services in any way, you agree to be bound by these Terms for the Modish Bear website (https://modishbear.com/). If you do not agree with any of these terms, you are prohibited from using our website or purchasing our products.
Before using our website, please carefully read these terms.
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1. Who We Are
Modish Bear is an online store, and we're based in Australia. We sell phone cases, tumblers, handbags, accessories — things that are actually nice and have excellent quality.
If you need to reach us, reach us via the context details mentioned about Modish Bear right at the bottom.
2. Who Can Use Our Site
Anyone can browse, but to actually buy from us, a few things need to be true.
You need to be 18 or older; in case you're under this mentioned age, a parent or guardian needs to be in the loop and okay with the purchase. You also need to be legally capable of entering into an agreement, which for most people is a non-issue but worth mentioning, and also note that the information you give us – your name, your address, and your email – needs to be real, and it should belong to you only. We reserve the right to refuse access if something doesn't add up, or we notice anything that goes against these policies' terms and conditions.
3. What We're Asking You Not to Do
The website exists so people can shop. That's it. We're not going to write you a long list of obviously bad things and pretend you were planning on doing them.
But just to cover it: don't try to hack the site; don't use bots to scrape our content; don't upload malware; and don't steal our photos or copy our product descriptions and put them on another store. Don't use the site for anything illegal.
If someone does any of those things, we receive the right to prohibit their access.
4. Our Products — What We Promise and What We Can't
We put real effort into the product pages. The photos, the descriptions, and the measurements — we want them to be accurate, and we check them.
Here's where we have to be honest, though. Colours on a screen aren't the same as colours in real life. Your monitor, your phone, the brightness setting you have it on — all of it changes how a shade looks. So the colour on your screen compared to what you see might be very slightly different. Same story with dimensions — they're listed as accurately as we can manage, but slight variations happen in production.
None of this is us trying to wriggle out of anything. Your rights apply if your order is delivered in a colour that is actually incorrect or in a size that is significantly different from what was advertised. We're just being upfront about the small gap between a product photo and a physical object.
We fix pricing and listing errors when we catch them. If you spot one before we do, let us know.
5. Orders — How They Actually Work
When you place an order, you're making an offer to buy. We haven't accepted it yet at that point. Your order is confirmed when two things happen: the payment goes through, and we send you a confirmation email.
If that email hasn't landed after a reasonable amount of time, check your spam. If it's not there, message us.
There are situations where we might cancel an order after it's placed. Stock can sell out between your order and us processing it. A pricing error might have slipped through. Something about the transaction might raise a concern. Or the order might look like it's being placed for bulk resale rather than personal use — we do limit those.
If we cancel an order and you've already paid, you get a full refund back to whatever you paid within your chosen payment method, like an account. We don't offer store credit (unless it is specifically mentioned).
6. Prices and Payments
Everything is priced in Australian dollars (AUD) unless stated otherwise. Prices can change — that's retail — but the price you see when you check out is the price you pay.
Your total at checkout includes the product price, shipping, and any applicable taxes. No surprise fees appear after you've paid. What's shown is what you're charged.
We use Shopify Payments, PayPal, Apple Pay, and the major card networks. These are all properly secure systems. We don't store your full card details — that runs through the payment provider's own infrastructure, not ours.
If a pricing error makes it through to your order, we'll contact you directly. If you've already paid, you get a refund.
7. Shipping and Delivery
We ship within Australia only. Your checkout will show what's available based on your location.
Delivery timeframes are estimates which are analysed through algorithms, based on what our carriers normally deliver – but still, they are estimates only. Weather delays, public holidays, high volumes during sale periods, international customs, the occasional carrier issue — these things exist and sometimes they affect delivery. We can't make those things disappear.
What you can control: your delivery address and type of delivery, i.e., standard delivery and express delivery. Check it before you confirm the order. Once a package is delivered to the address you gave us, it's your responsibility from that point. If it has to be re-sent because the address was wrong, you'll cover that extra shipping cost.
8. Returns, Refunds, Exchanges
If something isn't right, just tell us. We would rather sort it out than have you frustrated and never coming back.
The full returns process is in our separate Returns Policy, but the general shape of it is this: items need to come back unused, in original condition, in original packaging, within the applicable return window. Some things can't be returned — custom orders, certain hygiene-sensitive products, and final sale items. We'll flag that on the listing itself before you buy.
Your rights under Australian Consumer Law apply regardless of any of this.
9. Australian Consumer Law
This one gets its own section because it matters.
Under Australian Consumer Law, our products come with guarantees we legally cannot take away from you. You are entitled to a remedy if the product is faulty, not as described, unsafe or does not do what you reasonably expect. This could be a refund, a replacement or a repair, depending on the nature of the problem.
For minor issues, we have some flexibility in how we resolve things. But we'll always do it fairly.
Any manufacturer warranty that applies to a product sits alongside your ACL rights — not instead of them. These Terms don't shrink what you're owed under Australian law. Nothing in here does.
10. Promotions, Discounts, Gift Cards
We run sales and offer attractive discount codes from time to time since we like giving our consumers a good deal.
How they work, unless we've said otherwise: they can't be stacked with other active offers, they expire at the end of the advertised period, and they can't be converted to cash. Although we try not to do so while you're in the middle of checking out, we can alter or cancel a promotion at any time.
Unless the law specifies otherwise, gift cards are not refundable or transferrable.
We will cancel both the order and the account if we see someone abusing a promotion, such as making multiple accounts to repeatedly claim a first-order discount. Although most people don't do it, we do keep an eye out for it because it impacts the deals we can give everyone else.
11. Your Account
You don't need an account to buy from us, but having one makes things easier since it helps you with saved addresses, order history, faster checkout, etc.
If you create one, keep your login details to yourself, keep your info accurate, and tell us immediately if you think someone else has gotten into your account. Everything that happens under your login is treated as your activity, so it's worth taking basic security seriously — a strong password and not sharing credentials.
We may suspend or close accounts that are used for fraud or serious violations of these Terms. It's not something we intend to do, but we will when it's necessary.
12. Reviews and Content
We love hearing from customers. Reviews, photos, feedback — all of it. It helps other shoppers and it helps us.
We appreciate your honesty when you share with us. “Own what you post, as important as it is. If it’s not yours, you need permission. No room for harm, tricks or insults is expected of you here. Be respectful when posting. There is no space for deception here. Profanity or being abusive is not tolerated, and action may be taken as per the policies.
Once you send us your content, we can place it on the site and/or share via ads and online channels. Your words, though spoken publicly, are kept as you wrote them, never twisted, never stripped of their purpose.
13. Our Intellectual Property
Everything on this website is ours or properly licensed to us — the logo, the photos, the product copy, the design, all of it. It's protected under the intellectual property law of Australia.
You are allowed to browse freely and even screenshot things for your own personal shopping decisions. But please don't take our content and use it commercially without written permission first. That includes lifting product descriptions, reposting our photos on another store, or copying our branding. If you're ever genuinely unsure about something, ask us.
14. Third-Party Links and Services
Our website links to external services — payment processors, delivery tracking, and social platforms. We don't run those. We don't control their content, their privacy practices, or their policies.
Before entering personal information on any external site, it's worth a quick look at what their privacy policy says. We'd encourage that.
15. Privacy
How we collect, use, store, and protect your personal information is all laid out in our Privacy Policy. Using our website means you're agreeing to how we handle your data as described there.
It's worth reading. And worth checking again occasionally, since it may update over time.
16. Website Availability
We aim to keep the site up and running. No website is up 100% of the time — maintenance happens, technical issues happen, and sometimes things outside our control knock a service offline for a bit.
We'll keep disruptions short and infrequent where we can. But we can't promise perfect uptime, and occasionally we may need to take something down or change a feature without warning.
17. What We Can and Can't Guarantee
The website is provided as it is (on an "as-is" basis). We try to keep everything accurate and working well, but we can't guarantee that the site will meet every requirement in every situation or that every piece of information on it will always be perfectly current.
None of this affects your rights under Australian Consumer Law — those exist regardless.
18. Our Liability
It is to the extent the law allows. Modish Bear isn't liable for indirect or consequential losses that come from using our website or from things going wrong with a delivery – lost business opportunities, lost data, that kind of thing.
Where the law doesn't let us exclude liability, we limit it as far as legally permitted. For a specific product purchase, the maximum we're liable for is what you actually paid for that product.
Your Australian Consumer Law rights are not touched by any of the above.
19. Your Responsibilities If Things Go Wrong on Your End
If something you do – misusing the site, breaking these Terms, or violating someone else's rights – results in a claim or loss that affects Modish Bear, you agree to cover the costs that come from that. That includes legal costs and third-party claims.
This stays in effect even after you stop using the website.
20. When We Might Restrict Access
We may suspend or remove access to the site if someone is seriously breaching these Terms, if we suspect fraud, or if someone's behaviour is putting other customers or us at risk. We don't enjoy doing that. But we will when the situation calls for it.
21. If Part of This Document Doesn't Hold Up Legally
Occasionally, a clause in a legal document turns out to be unenforceable. If that happens with something here, that clause gets set aside and everything else stays in place.
22. Which Laws Govern This
These Terms for Modish Bear e-commerce website is governed by the laws of Victoria, Australia and if any disputes arise, it goes to the courts of respective state or territory.
23. We Update These from Time to Time
Things change. Products, processes, policies — all of it can evolve. When we update these Terms for the Modish Bear e-commerce platform, the new version goes up here with a fresh date at the top.
Continuing to use the site after an update means you've accepted the revised Terms. Checking back periodically is a good habit.
24. Come Talk to Us
Questions about these Terms, about an order, about anything — reach out and we look forward to answering and resolving all queries as per laid-out terms and conditions.
Modish Bear
Email: Reach@modishbear.com
Website: https://modishbear.com
