LIABILITY DISCLAIMER

Modern Viking Comprehensive Liability Disclaimer

1. General Disclaimer & Assumption of Risk

By purchasing and/or using any product from Modern Viking (“Company,” “we,” “our,” or “us”), you acknowledge and agree to the following terms:

  • All products sold on www.modernviking.com.au, including but not limited to weapons, drinking horns, jewelry, and accessories, are intended for decorative, collector, and display purposes only.
  • Any functional or practical use is at the sole risk of the buyer.
  • Modern Viking is not responsible for any injuries, damages, legal violations, or misuse arising from the purchase, possession, or use of any product sold on our website.
  • Customers assume full responsibility for ensuring compliance with all applicable local, state, national, and international laws regarding the purchase, possession, shipment, and use of any product.
  • By purchasing from Modern Viking, whether or not you check the agreement box at checkout, you automatically agree to all terms and conditions outlined in this disclaimer.
  • By purchasing from Modern Viking, you agree to waive any and all legal claims against Modern Viking for injury, loss, damages, or legal consequences associated with our products.
  • Modern Viking expressly disclaims all liability for direct, indirect, incidental, special, or consequential damages related to product use, including but not limited to bodily injury, property damage, financial losses, or legal fees incurred.
  • Customers acknowledge that Modern Viking does not provide legal advice and is not responsible for determining whether our products are legal in your jurisdiction.

2. Age Verification & Purchase Restrictions

  • Customers must be 18 years of age or older to purchase any restricted products, including but not limited to knives, axes, swords, and other bladed or potentially hazardous items.
  • At checkout, customers must confirm their age by agreeing to the terms and conditions. Any misrepresentation of age is the sole responsibility of the purchaser.
  • If a customer falsifies their age, Modern Viking assumes no liability and reserves the right to cancel the order without refund.

3. Compliance with Australian & International Laws

Modern Viking strictly adheres to Australian law and expects customers to comply with their local laws regarding ownership, purchase, and use of all products. Customers are solely responsible for ensuring their purchase complies with the laws of their jurisdiction.

New South Wales (NSW) & Other Australian States

  • In NSW, certain knives, axes, and bladed items may be considered prohibited weapons under the Weapons Prohibition Act 1998. It is the customer’s responsibility to obtain any required permits for ownership and possession.
  • Similar regulations apply in other Australian states, including but not limited to Victoria, Queensland, South Australia, Western Australia, Tasmania, the Northern Territory, and the Australian Capital Territory.
  • Modern Viking is not responsible for ensuring compliance with any state-specific regulations.

International Sales (Including New Zealand, USA, UK, Canada & EU)

  • Customers outside of Australia are responsible for ensuring the legality of their purchase in their country, state, province, or region.
  • Modern Viking is not responsible for orders seized by customs or law enforcement agencies in any country.
  • No refunds or replacements will be issued for items confiscated due to non-compliance with international laws.
  • By purchasing from Modern Viking, international customers accept full responsibility for legal compliance and any associated risks.

4. Shipping, Returns & Customs Responsibility

  • Lost, Delayed, or Seized Shipments: Modern Viking is not responsible for any shipments that are delayed, lost, confiscated, or returned by customs.
  • No Refunds for Seized Orders: If an item is seized by authorities due to legal restrictions, no refund or replacement will be provided.
  • Customer Bears All Responsibility: It is the customer’s responsibility to check and comply with all local, state, national, and international regulations before placing an order.
  • Defective Products: If an item has a manufacturing defect, Modern Viking will provide a replacement or refund in accordance with Australian Consumer Law.
  • No Returns on Used Items: Any product that has been used, modified, or damaged after purchase is not eligible for return, exchange, or refund.

5. Waiver of Liability & Full Indemnification

By purchasing from Modern Viking, you agree to the following legal waivers and indemnifications:

  1. Full Waiver of Liability: You release Modern Viking, its owners, employees, affiliates, and suppliers from any liability related to the use, possession, handling, or transportation of any product purchased.
  2. Personal Responsibility: You assume full responsibility for any injuries, damages, or legal consequences resulting from your purchase.
  3. Indemnification Clause (Buyer Pays Legal Fees & Costs): If any legal action is taken against Modern Viking, including but not limited to injury claims, product liability claims, or regulatory issues:
    • You agree to fully indemnify, defend, and hold harmless Modern Viking from any claims, lawsuits, fines, legal fees, or penalties resulting from your purchase, use, or misuse of our products.
    • You agree to cover all legal costs, attorney fees, court fees, and related expenses incurred by Modern Viking if any legal dispute arises.
    • Modern Viking shall not be liable for any financial losses, compensatory damages, punitive damages, or legal fees resulting from your use of its products.
  4. No Warranties or Guarantees: All products are sold "as is" and without warranties of any kind beyond what is required under Australian Consumer Law.

6. Mandatory Checkout Agreement (Legally Binding)

✅ “By purchasing from Modern Viking, I confirm that I am over 18 years old and legally allowed to purchase this item. I accept full responsibility for compliance with all applicable laws. I acknowledge that Modern Viking is not responsible for any injury, damage, or misuse of this product. I agree to fully indemnify Modern Viking and cover all legal costs should any dispute arise. By completing my purchase, I waive all legal claims against Modern Viking and agree to the full terms in the Liability Disclaimer.”

7. Dispute Resolution & Governing Law

  • Any legal disputes or claims against Modern Viking shall be governed by and construed in accordance with the laws of New South Wales, Australia.
  • Customers agree that any disputes shall be resolved through binding arbitration or mediation before seeking litigation.
  • In the event of legal action, customers agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
  • If Modern Viking is required to engage in legal proceedings due to a dispute, the customer agrees to bear all legal costs incurred by Modern Viking.

8. Contact Information

If you have any questions about these terms, please contact support@modernviking.com.au before making a purchase.

By proceeding with your purchase, you acknowledge that you have read, understood, and agreed to all terms outlined in this document.