Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of ModernistFurnitureOnline.com. The collective work includes works that are licensed to ModernistFurnitureOnline.com. Copyright 2003, ModernistFurnitureOnline.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with ModernistFurnitureOnline.com or purchasing ModernistFurnitureOnline.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with ModernistFurnitureOnline.com or to purchase ModernistFurnitureOnline.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ModernistFurnitureOnline.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of ModernistFurnitureOnline.com used in the site are trademarks or registered trademarks of ModernistFurnitureOnline.com

Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ModernistFurnitureOnline.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ModernistFurnitureOnline.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. ModernistFurnitureOnline.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
ModernistFurnitureOnline.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if ModernistFurnitureOnline.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a ModernistFurnitureOnline.com product is mistakenly listed at an incorrect price, ModernistFurnitureOnline.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ModernistFurnitureOnline.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ModernistFurnitureOnline.com shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ModernistFurnitureOnline.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
ModernistFurnitureOnline.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ModernistFurnitureOnline.com.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of ModernistFurnitureOnline.com products) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ModernistFurnitureOnline.com products) must be commenced within one (1) year after the claim or cause of action arises. ModernistFurnitureOnline.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ModernistFurnitureOnline.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ModernistFurnitureOnline.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
ModernistFurnitureOnline.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ModernistFurnitureOnline.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ModernistFurnitureOnline.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ModernistFurnitureOnline.com in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless ModernistFurnitureOnline.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, ModernistFurnitureOnline.com may link to sites operated by third parties. However, even if the third party is affiliated with ModernistFurnitureOnline.com, ModernistFurnitureOnline.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ModernistFurnitureOnline.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ModernistFurnitureOnline.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Shipping
Free Shipping on EVERYTHING WE SELL!!! Includes all shipments within the contiguous United States.

  • Most smaller items will ship via UPS or FedEx ground.
  • Large items, like sofas and beds, will ship as CURBSIDE DELIVERY via YRC shipping or ABF freight. (which means that you will be responsible for bringing your order inside and setting it up!)
  • Inside delivery can be added to most freight shipments for an additional $120 inside delivery fee
  • We ship all of our shipments out with a Signature Required. You may request no signature required on most UPS and FedEx shipments after your order has shipped by contacting the shipper directly.
  • Larger orders that ship out via YRC shipping or ABF freight are not not eligible for “no signature required”, and someone must be home to accept and sign for delivery. (you will be able to schedule a convenient day/time for delivery with the shipper)

Please note that while we do offer Free Shipping the customer will be responsible for the shipping cost incurred and 15% restocking fee for returned merchandise.

Cancellation Policy Cancel your order before it has shipped out and receive a full refund of the purchase price. Customer is responsible for shipping costs and 15% restocking fee for orders that are canceled after they have shipped. Please note: We do offer free shipping on our website, but the customer will be responsible for the actual shipping cost for orders that are canceled after shipping out. So, if you need to cancel your order please do so before the order ships out to avoid these fees

Return Policy Please notify us within 14 days of receipt of your order if you would like to make a return. We will refund the cost of the returned items minus round trip shipping costs and 15% restocking fee. Please note: We do offer FREE SHIPPING on our website, but the customer will be responsible for all shipping costs incurred on returned orders (this includes the cost of shipping the item to the customer AND back to us) Returned merchandise must be completely intact and packaged in its original packing materials. Before returning any product, obtain approval by contacting us and please provide the following information: customer name, item(s) to be returned, and the nature of the problem. Once we have received your return, we will apply the credit amount to your credit card or payment method

Damaged or Defective Orders Please notify the delivery person if your order looks damaged, and refuse delivery of all damaged or defective merchandise. Once delivery has been refused with the shipper, you will have the option to cancel the order for a full refund, or have a replacement shipped to you free of charge. If your order arrives with concealed damage please notify us immediately. We will need a detailed description of the damages or defects along with any additional supporting documents, like digital pictures, emailed to renglish@ModernistFurnitureOnline.com . Once we have received this information we will file a freight claim with the shipper or manufacturer on your behalf. The shipper will then review the claim and, if approved, send you a check for the damages. Please note that we cannot guarantee payment of concealed damage freight claims, so please inspect your order carefully at the time of delivery and refuse any shipments that appear damaged to ensure a free replacement or full refund.