Terms & Conditions

Welcome to Modular Wholesale Co. Pty Ltd (modularw.com.au). We are committed to providing exceptional customer service and supplying quality products.  We endeavour to make sure that all products listed on our website are currently in stock. However, we are not the manufacturer of products and at times this may be beyond our control and you may experience some delays.


  1. "Distributor"/ “We”/ “Our”/ “Us” shall mean Modular Wholesale . 

  2. "Customer”/ “Supplier”/“Them”/ “They”/ “You” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer).

  3. "Product" shall mean all Product and Services supplied by the Distributor to the Customer and are as described on the invoices or any other forms as provided by the Distributor to the Customer. 

  4. "Price" shall mean the Price payable for the Product as agreed between the Distributor and the Customer in accordance with these Terms and Conditions. 

  5. “Purchase Services” shall mean those services referred to in clauses 5.1 and 5.2.

  6. "Website"/ “Site”/ “Domain” shall mean the internet website modular.com.au


1.2. By accessing, browsing, or shopping on this website, you agree to all these Terms and Conditions. Please read them carefully.

1.3. By agreeing to these Terms and Conditions you acknowledge that you are of legal age or have given consent to the minor person acting on your behalf.

1.4 If a trustee, the Customer warrants having the power and authority under its trust instrument to enter into and be bound by these Terms and Conditions.


2.1 You acknowledge that by showing Products on this website, the Distributor issues an invitation to treat with respect to those Products. If you place an order with us, that order constitutes an offer  by you, irrevocable for a period of seven (7) days  , to buy the Product/s at the prices shown for that Product/s as at the date of making the offer which offer is capable of acceptance by us. 

2.2. You also acknowledge that Modular Wholesale does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms and Conditions, or as may be imposed by law. 

2.3. Modular Wholesale will make every effort to ensure a Product is accurately depicted on our site, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on our website.

2.4. Nothing in these Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them). 

2.5. You may not use our Purchase Service and may not accept the Terms and Conditions if: (a) you are not of legal age to form a binding contract with Modular Wholesale; or (b) you are a person barred from receiving goods under the laws in force in Australia or other countries including the country in which you are resident or from which you use the Purchase Services. 


3.1. Modular Wholesale takes the utmost precautions to protect users' information. When sensitive information is submitted via the web site, that information is encrypted and is protected by industry standard technology equivalent to that used by Banks for online banking transactions. Our secure web pages use an SSL certificate to ensure secure transmission of your information. 

3.2. Although we use the latest security technology you acknowledge we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

3.3 Please refer to our Privacy Policy for our full data privacy and security practices.


4.1. You acknowledge that the purchase services offered by Modular Wholesale integrate delivery through the use of third party delivery companies and do not monitor or input content on their sites.

4.2. You acknowledge that you are responsible for ensuring your Delivery Address details on the order are correct at time of   delivery of the goods.

4.3. Products will be delivered to the Delivery Address specified on the order. Where the Delivery Address is an office or factory address, the Delivery Agent will make reasonable attempts to contact you however you agree that we may deliver to an individual at the Delivery Address and will be able to rely on that individual's acceptance of delivery as if you had personally accepted the goods.

4.4. Your Delivery Address is unable to be changed once the Order has been confirmed and dispatched.

4.5. Without limiting any other clauses, for Big & Bulky deliveries, you must provide any relevant access details (including stairs access only, parking restrictions etc) to the Delivery Agent prior to delivery. Where there is a requirement for additional support to be given for a product to be delivered, the Customer agrees that additional costs may be incurred if the delivery has unusual requirements; however, reasonable attempts will be made to contact the Customer prior to delivery to account for this.

4.6. All risk for the Product passes to the Customer on delivery. 

4.7. Where the Customer expressly requests the Distributor to leave Product outside the Customer's premises for collection or to deliver the Product to an unattended location then such Product shall be left at the Customer's sole risk from the time of delivery in accordance with the Customer’s instructions. 

4.8. You acknowledge that during certain periods during epidemics or pandemics or in sale periods, Easter or Christmas, dispatch and deliveries may take longer to fulfil due to delays in the supply chain or high order volumes.

4.9. Delivery Fees will be applied according to our Delivery and Shipping Information   and will vary from product to product depending on the product type, its size, weight and dimensions, quantity, and the delivery location. 

4.10. If you place consecutive or separate orders, the orders cannot be consolidated. A separate Delivery Fee, if applicable, will apply to each order.

4.12. Please contact our Sales Department for further information on questions regarding Delivery; sales@modularw.com.au or PH:1300 770 588, otherwise upon confirming order you agree to the freight chargeable as per time of purchase or account agreement.


5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Price') excluding any discounts applied according to your account terms. 

5.2. Payment of the purchase may be made through Stripe, direct deposit or account. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. 

5.3. Following payment of the Purchase Price being confirmed by Modular Wholesale, you will be issued with an invoice to confirm that the payment has been received and we  may record your purchase details for future use. 

5.4. After the time when t full payment has been received (which could include special fees or billing charges, shipping taxes and any other relevant charges) your order will be dispatched.

5.5. The Supplier and the Customer agree that title to and ownership of the Product shall not pass until the Customer has paid all amounts owing for the particular Product. 

5.6. Unless otherwise stated, all prices shown on our website are in Australian dollars ($ AUD) inclusive of Goods and Service Tax (GST). The prices do not include delivery fees or other applicable taxes.

5.7. Promotions are discretionary   discounts offered by the Distributor cannot be used in conjunction with other goods displayed

5.8. Special Offers. We reserve the right to refuse any offer made at any time including prior to the published date. Special offers are not valid in conjunction with any other offer. 

5.9. Please refer to our Payment B2B Policy Modular for further details.


6.1. The Distributor may refuse any offer made pursuant to these Terms and Conditions at any time before the offer is accepted by giving written notice to the Customer. On giving such notice we shall repay to you any sums paid in respect of the Price. We shall not be liable for any loss or damage whatsoever arising from such refusal. 

6.2. In the event that you cancel delivery of the Product you shall be liable for any loss incurred by the Distributor (including, but not limited to, any loss of profits) up to the time of cancellation 


7.1. It is the Customer's responsibility to check that all details and aspects of the order are correct and suitable for the requirements of the Customer. 

7.2 All Products listed for sale on our website are for personal non-commercial use and not for commercial resale or for use by governments or educational institutions unless expressly authorised by Us in writing which will be formed in a separate contract. 


8.1  We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law 


9.1.  All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.

9.2. The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms and Conditions.

9.3. Please refer to the B2B Distribution Warranty for further details. 

9.4 The Customer acknowledges and agrees that the Customer does not rely upon the skill or judgment of the Distributor in relation to the suitability of the goods or services for a particular purpose. Any advice, recommendation, information or assurance provided by the Distributor is provided without any liability by the Distributor whatever.


10.1 We shall not be liable for any delay in performing any of our obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Modular Wholesale.  If such a delay occurs, we will be entitled to such further time to perform the obligation as is reasonable having regard to the circumstances.


12.1.  Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Modular Wholesale and associates.

12.2. You may use the Content on this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, transmitted, or distributed in any form or by any means without our prior written permission.


13.1. Third Party sites accessible through our site have their own privacy policies and data collection practices. Please consult each site's privacy policy. We are not responsible for the actions or inactions of third parties.

13.2.  We may provide you with access to third-party tools, content, products or services over which we neither monitor nor have control or input. 

13.3 Third Party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content on those websites.


14.1 If you have a complaint or feedback about the Site, please contact our team by email; info@modularw.com.au


15. Any agreement arising out of an offer and acceptance made under these Terms and Conditions shall be governed by the laws in force in the State of New South Wales in the Commonwealth of Australia and the courts of that State shall  have exclusive jurisdiction to hear and determine any matter arising under that agreement. 


16. The sale by the Distributor to the Customer under these Terms and Conditions does not confer upon a Customer any intellectual property rights with respect to the goods/or services supplied. 


18. No variation to these Terms and Conditions shall be lawful unless in writing and signed by the parties to any agreement arising from the offer and acceptance made under these Terms and Conditions. 


19. The waiver by any party of any right under these Terms and Conditions shall not constitute a general waiver of that party’s rights under that Term or Condition.


20. If any provision of these Terms and Conditions shall be found to be illegal or unenforceable, that provision , insofar as it is illegal or unenforceable, shall be severed from these Terms and Conditions but otherwise these Terms and Conditions shall apply to any offer made and accepted  under them. 


21.1 The terms contained in any order accepted by the Distributor and these Terms and Conditions shall be the entire terms of the agreement between the parties and supersede all discussions representations and statements made before the acceptance of an order by the Distributor.

21.2 The sale by the Distributor to a Customer shall not confer upon the Customer any intellectual property rights with respect to the goods or services unless those rights are in writing and signed by the parties.

21.3 No variation to these Terms and Conditions shall be valid unless in writing and signed by the parties.

21.4 No failure by a party to enforce any of these Terms and Conditions shall be deemed to be a waiver of  that provision and any failure  to or delay in enforcing such a provision on one occasion shall not affect the right of that party to enforce that provision on a later occasion.

21.5 If the whole or any part of these Terms and Conditions are at any time be found to be invalid or unenforceable then that provision to the extent possible shall be severed and the balance of these Terms and Conditions shall be enforceable.