Terms and conditions
1.2 Your use of our websites and any order placed with Modern Teaching Aids Pty Ltd ABN 98 000 628 786 ('we', 'our', 'us' or 'MTA') constitutes your ('you', 'yourself' or 'your') agreement to be bound by these Conditions. Any additional or different terms you state in any communication with us (including any order) are hereby objected to and will not bind us unless we agree in writing.
1.3 The terms and conditions of supply for international customers can be found on the Modern Teaching Aids website here: https://www.teaching.com.au/page/mta-au-international-terms.
2.2 Your continued use of our Website and your purchase of any goods constitutes an agreement by you to be bound by these Conditions (as amended).
2.3 Each time you place an order with us and on each day during the term of the agreement, you acknowledge either receiving or having the opportunity to review a copy of the Conditions. Please ensure that you check this Website regularly to familiarise yourself with any amendments.
3.2 Accepted orders cannot be cancelled without our consent which may be refused or given with conditions.
3.3 The supply of goods is subject to availability. If we are unable to supply all of your order, the Contract continues to apply to any part of the order supplied.
3.4 We reserve the right to suspend or discontinue the supply of goods to you.
4.2 The price you pay for the goods purchased via the Website will be the price shown on our Website at the time you place an order.
4.3 Unless otherwise agreed by us in writing, prices for the goods will be subject to alteration by us without notice from time to time and quoted exclusive of goods and services tax (GST), and all taxes and delivery costs.
5.2 Specially agreed customer pricing (including tenders and key accounts) and all promotional discounts, offers and pricing do not compound and single best discount will be applied.
5.3 Special prices, promotions, offers and discounts are for limited periods, subject to availability and otherwise subject to change.
5.4 Discounts, offers and promotions published in our catalogues on MTA's websites and otherwise are not applicable to international orders, orders through re-sellers or consolidators and MTA wholesale orders. Online discounts are not applicable to fax, mail, email or phone orders.
5.5 Only one promotional code can be used per transaction.
5.6 Nett priced items will not be eligible for further discount, promotions or offers. These items have already been discounted and/or nett priced. Nett priced items include all products from the Health Hygiene and Safety category (as identified on our Website), all products from the following brands: RODE, Sphero, Osmo, Tello EDU, Insta360, ClassVR, micro:bit, Logitech, Ozobot, Roli, Rolf Connect, Kai's Clan Jamstik Guitar, Aussie Pods, Texas Instruments, Casio, Sharp, PC Locs, DJI, Lumio by SMART and any additional items identified as nett priced in our catalogues, online and in all other published materials
5.7 All promotions exclude Empowered Learning Interactive Audio Visual and MTA Online Learning platforms (such as Wushka and ST Maths).
5.8 Additional T&Cs may apply to discounts and promotions.
7.2 You may pay for the goods by PayPal, Visa, Mastercard, American Express and Zip. If you have an account with us you may also pay by cheque, money order, EFT or BPAY. A surcharge of 1.0% will apply to all PayPal, Zip, Visa and Mastercard card payments (including GST and freight) and a surcharge of 1.5% will apply to American Express payments (including GST and freight). No surcharge will be applied to payments made by cheque, BPay or electronic funds transfer (EFT).
7.3 Invoices will be issued and payable by the due date in respect of every delivery notwithstanding that the balance of the order has not been nor will be delivered for any reason. Where any payment is not made by the due date, we may charge interest on any overdue portion from the date the payment was due until the date payment is made (both dates inclusive) at a rate equal to 3% above the indicator lending rate for the time being advised by Westpac Banking Corporation ('Interest Rate').
7.4 All payments must be made in Australian dollars only.
7.5 If we are unable to successfully process payment for your order, then we may reject or cancel your order.
8.2 All payments must be made in Australian dollars only.
8.3 If we are unable to successfully process payment for your order, then we may reject or cancel your order.
9.2 Any back orders with a cumulative value less than $30.00 or any back orders held for longer than 4 months will be deleted and a refund of credit will be provided if pre-payment has been made (MTA's will decide if it is a refund or credit in its discretion).
11.2 You acknowledge that any person accepting delivery of your delivery order at the delivery address is authorised by you to receive your order. If no one accepts delivery of your order at the delivery address, we may arrange for delivery at a different time and charge you an additional delivery fee or the delivery may be left at your premises with your approval.
11.3 Risk in the goods passes to you on delivery.
11.4 All quoted delivery or consignment dates are estimates only. We are not obliged to meet such dates and will not be liable to you by reason of delays caused by any reason whatsoever.
12.2 Each item is intended for use for the purposes described and not for any other purpose and all instructions, warnings and limits for use must be followed. Naturally, any item to be used by a child requires careful adult selection and use should be under proper adult supervision. Items must only be used by children of appropriate age. Guidelines are given but the final decision must be made by the selecting adult taking into account the nature of the child concerned.
12.3 MTA offers a minimum 12 month warranty on all products from date of invoice unless stated otherwise. If you notify our Customer Service Team of a fault within 12 months of date of invoice and we accept of your claim, we will, in our discretion, repair or replace the product or provide a refund or a credit note for the amount paid by you. Warranty spare part requests take a minimum 3 weeks dependant on the manufacturer and lead times will be advised on application. Your warranty rights are in addition to your statutory rights as a consumer.
12.4 You should carefully check your delivery to ensure all items match your order and are not damaged, as any claims for incorrect/not ordered items, short supply/deficiency in the quantity of goods, or damaged on delivery must be lodged with our Customer Service Team within 7 days of the date of delivery. If you receive goods in error which were not ordered we require these to be returned and that you notify us within 7 days so we can arrange collection and return of the items. For deficiency claims where we hold a proof of delivery, we may require you to supply a statutory declaration.
12.5 No returned goods will be accepted by us (even if we agree for you to return goods to us at our cost) if they have been tampered with or misused by you or any other person; if they are goods expressly sold on a non-return basis; or if you have not previously notified the Customer Service Team; or if you do not return the goods to us within 30 days of our request for you to return the goods (unless we advise you that you are not required to return the goods to us); or if you have damaged the goods; or if the fault, damage or defect is the result of fair wear and tear. Supporting documentation including proof of purchase and photos supporting the claim will be required and you may need to supply a statutory declaration signed by a justice of the peace. Where any of the conditions for making a claim have not been met, the goods shall be returned to you at your expense.
12.6 For heavy or bulky items which cannot be returned to us, you must permit us to inspect the goods upon request within 30 days of you notifying our Customer Service Team of a fault, damage, defect or non- compliance in the goods. If you do not permit us to inspect the goods, you are deemed to have accepted the goods and are deemed to agree that the goods are not faulty, damaged, defective or non-compliant.
13.2 Returns for change of mind will be at your cost. Alternatively, we can arrange to pick up the returned item from you. This service incurs a mandatory Return Freight and Handling Charge of 20% of the invoiced value.
13.3 We do not accept change of mind returns for books/published materials or for furniture goods.
15.2 If you cancel an order of the goods and the goods have been dispatched, you must return the goods intact, undamaged, and unopened within 30 days of delivery. We will assess the goods before returning them to stock. Once the goods are assessed as being suitable to return to stock, you will receive a credit note to the value of the goods less the costs of testing and recharging of the goods, delivery, credit card surcharge (if applicable) and freight.
15.3 When the goods that are subject to cancellation were paid for by Visa, Mastercard or American Express, we will retain any credit card surcharge amount paid by you. This is used to offset merchant fees from the card companies (which are not refunded to us in the event of order cancellation).
17.2 Any goods specified as being suitable for use by children requires careful adult selection and use should be under proper adult supervision. Goods must only be used by children of an appropriate age. Whilst we may give guidelines about age suitability, the final decision must be made by the selecting adult taking into account the nature of the child concerned.
18.2 We may terminate the Contract if a receiver, receiver and manager, provisional liquidator or administrator appointed to you or any of your assets or steps are taken to appoint any such persons, or if you are insolvent under any applicable law.
21.2 You acknowledge that all of the intellectual property rights (including copyright in the Resources or trademarks used in our catalogue or Website) will remain vested solely in MTA or our licensors (as the case may be) and you will not obtain any right, title or interest in the Resources.
(a) the Conditions exclude and supersede all prior discussions, representations and arrangements and any other oral or written terms and conditions; and
(b) in the event of ambiguity, conflict or confusion between any other documents which we agree will form part of the Contract, the terms of the Conditions will prevail.
25.2 This does not apply to any existing written agreement between MTA and you in force prior to the date of the Contract.
Modern Teaching Aids Pty Ltd
Postal Address: PO BOX 1126, Dee Why NSW 2099, Australia
Free call: 1800 251 497 Freefax: 1800 151 492
Website: www.teaching.com.au
Accounts receivable enquiries: accounts@teaching.com.au
Version updated 18 February 2022