|
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your purchase
of products from us constitutes your agreement to follow these Terms
and Conditions and to be bound by them. If you do not agree to these
terms and conditions, please do not use this site.
All policies,
procedures, rules, regulations, definitions, and goals expressed within
this document collectively describe the means and intent of Mod Lines
by Design, LLC to sell its product to our customers as it deems appropriate
to market, sell, and distribute that product. This document alone does
not constitute a legal contract, or an offer to form a legal contract,
between Mod Lines by Design, LLC and another entity. Mod Lines by Design, LLC reserves the right to update or modify these Terms and Conditions at any time without prior notice.
Use of Our Web Site
User
comments - we welcome your comments. However, any comments, feedback,
notes, messages, ideas, suggestions or other communications
(collectively "Comments") sent to our Web Site(s) shall be and remain
the exclusive property of Mod Lines by Design, LLC. Your submission of any such Comments shall constitute an assignment to Mod Lines
by Design, LLC of all worldwide rights, title and interests in all
copyrights and other intellectual property rights in the Comments. Mod Lines
by Design, LLC will be entitled to use, reproduce, disclose, publish and
distribute any material you submit for any purpose whatsoever, without
restriction and without compensating you in any way. For this reason,
we ask that you not send us any comments that you do not wish to assign
to us, including any confidential information or any original creative
materials such as stories, product ideas, computer code or original
artwork.
Disclaimer
Our web sites are provided on an "as is" and "as available" basis. Mod Lines
by Design, LLC makes no representations or warranties of any kind, express
or implied, as to the operation of this site or any of our sites. You
expressly agree that your use of our site(s) is at your sole risk. To
the full extent allowed by law, we disclaim all warranties, express or
implied, including, but not limited to, implied warranties of
merchantability and/or fitness for a particular purpose. Mod Lines
by Design, LLC does not warrant this site, or any of our sites, servers, or
e-mail sent from our sites to be free of viruses or other harmful
components. Further, we shall not be liable for any damages of any
kind arising from the use of our sites, including, but not limited to
direct, indirect, incidental, punitive, and consequential damages, loss
of time, inconvenience, and commercial loss. You acknowledge, by your
use of our web sites, that your use of those sites is at your sole
risk, that you assume full responsibility for all costs associated with
all necessary servicing or repairs of any equipment you use in
connection with your use of these web sites, and that ModLines by Design, LLC or it's affiliates shall not be liable for damages of any kind related to your use of these web sites.
Inaccuracy Disclaimer
From time to time there may be information on Mod Lines
by Design, LLC's website(s), product price lists, product descriptions and
dimensions, or other paraphernalia that contains typographical errors,
inaccuracies, or omissions that may relate to product descriptions,
pricing, and availability, Mod Lines
by Design, LLC reserves the right to correct any errors, inaccuracies or
omissions and to change or update information at any time without prior
notice (including after you have submitted your order).
Pricing Policy
Prices listed on Mod Lines by Design, LLC's website(s) are subject to change without notice. Mod Lines
by Design, LLC reserves the right to correct pricing errors without notice. Customer agrees the invoice price is the final sale price. No
discounts beyond those listed on the invoice are permitted for any
reason. Mod Lines by Design, LLC reserves the right to decline the acceptance of any orders.
Regarding Delays
Although Mod Lines
by Design, LLC will make every effort to ship every order as soon as
possible, time frames given prior to or during production are only an
estimate, not guarantees. Extended delays of 8 to 12 weeks can occur
for production of Custom orders. Shipping-related delays, while rare,
do occur and cannot be attributed to Mod Lines by Design, LLC. All customers agree that a delay does not constitute a right to discount, refund or cancellation, and that Mod Lines by Design, LLC or its affiliates cannot be held responsible for delayed orders.
Cancellations and Returns
Customers must notify Mod Lines
by Design, LLC in writing of Cancellation within 2 hours of placing their
order, stock or custom. No Returns of stock items accepted after 30 days post-receipt by customer. All shipping costs associated with the
Return of product are the responsibility of the customer, with the
exception of warranty fulfillments.
Because
we are a specialty store allowing you to essentially design your own furniture, the vast majority of our orders received are custom. Please
know your new furniture is being designed exclusively for you and
imported to your home or business. As a result, we kindly request no
cancellations be made after 2 hours when the procurement process
begins.
During this two hour window, you may cancel, update, or change your order to other
merchandise without penalty. Once we have placed the order at your
request, Mod Lines by Design, LLC and you, our valued customer, each become obligated to complete payment of the purchase price.
As many of our products are considered CUSTOM orders through the
manufacturer, once an order is processed, the order cannot be canceled
after that 2 hours time.
All custom orders are are non-refundable or exchangeable. No exceptions.
All other non "custom" orders will incur a 30% restocking fee upon
return to our manufacturers/distributors. Shipping for returns is not included, and will be at the sole
expense of the customer.
All customers are required to fill out and submit a Return Merchandise Authorization Form, and in turn receive an RMA number from Mod Lines by Design, LLC, prior to returning any product. Should a customer attempt to return product to Mod Lines
by Design, LLC ware house without first receiving written authorization, the
customer will be responsible for any and all applicable shipping,
handling, and restocking fees above, beyond and in addition to the
standard restocking, handling, and related fees associated with a
normal RMA Return.
Some policies and procedures are specific to order type or content:
A: Standard or "Stock" productions
Any Standard or Custom order canceled before it enters production may be canceled without incurring any restocking fees (normally within 2 hours of submitting the original order). Any Standard order canceled
after it has entered production and before departure from the
Warehouse, will incur a 30% restocking fee. Any Standard order that
the customer returns to Mod Lines
by Design, LLC after the product has left the Warehouse and up to 14 days
post-receipt, will incur a 30% restocking fee and shipping cost. In
the case of Returns, the following conditions must be met:
1) Product is in fully resalable condition (no stains, damage or abuse) and is in the original factory packaging.
2) Return freight and handling is prepaid and insured by the customer.
3) Customer has obtained an RMA Number from Mod Lines by Design, LLC.
4) Product passes inspection and is approved by Mod Lines by Design, LLC once it arrives back in the warehouse.
If all of the above conditions are met, Mod Lines
by Design, LLC will refund to the customer the amount paid for the product,
less any applicable restocking fees and shipping fees, in one of two
ways:
1) In the form of a credit.
2) The amount to be
refunded may be granted as a cash refund or kept on-file in
anticipation of a future order at the discretion of the customer.
B: Custom Orders
Custom
orders must be canceled prior to being entered into production (within
2 hours of submitting the original order). After a custom order has
entered into production it cannot be Canceled,
Refunded, or Returned. Product ordered using non-standard
colors/materials, configurations, dimensions, or options will result in
a product that is specific to one person only and may not be easily
marketed to a new buyer. You the Customer must understand that all
sales of Custom product, as defined on the first page of this document,
are final.
Size Restriction
If the merchandise does not fit
through a door opening, up a set of stairs, or through any other kind
of portal at the destination, Mod Lines
by Design, LLC and it's affiliates will not be responsible, as it is
expected that measurements should be determined prior to ordering. Orders cannot be returned to Mod Lines
by Design, LLC as a result of the customer's miscalculation of the furniture
size, room, door or architectural dimensions. It is the sole
responsibility of the customer to be sure that all entry access be
consistent with the size of the delivery.
Warranty
All
products are warranted against manufacturing defects for one full year
from the date that goods arrive to the customer. The warranty is only
activated after the Customer follows all shipment notation and
reporting obligations (See "Signing for Product"). All notations must
be on the Bill of Lading or Manifest and the Customer must retain a
copy for warranty purposes.
Please contact us immediately if you have any questions or concerns.
Mod Lines
by Design, LLC does not warrant against normal wear and tear, or damage due
to customer accident or misuse. Natural variations in products made in
whole or in part of natural materials, such as leather, fabric, wood,
metal or stone, are not considered defects. The appearances of
natural, stained, or dyed wood surfaces; of painted wood or metal or
upholstery color (leather, fabric, etc.) may vary between productions
due to slight changes in dye lots. This is an unavoidable and
inevitable occurrence, which does not constitute a defect. Minor
variations in stitching in upholstery products are considered normal. Neither wood, leather, metal, nor fabric products are suitable for
outdoor use unless expressly specified. Leather and fabric are subject
to natural stretch, wrinkle or shrink. Wood and metal may stain,
scratch, chip, fade or darken. The Customer must exercise proper care
to minimize any such damage. The Customer will be asked to present
their warranty claim in writing with photographic proof, so that Mod Lines
by design, LLC may properly address the claim or concerns. The Customer
will also be asked for a copy of the signed Bill of Lading or
Manifest. It is Mod Lines
by Design, LLC's policy to provide reasonable repair of the product and/or
replacement parts. We will replace the item(s) if the product cannot
reasonably be repaired. When a warranty is approved, Mod Lines
by Design, LLC will provide replacement product/parts and cover any "curbside" transit cost. The Customer agrees to take the time
necessary for delivery and/or pick-up should goods need to be
returned. The Customer agrees that many products, be they Custom
products or Stock products, may be in a back order
status, will have a production wait time. The Customer agrees to wait
for replacement product and waives any right to a discount, refund or
return. All exchanges/returned merchandise must be shipped back in the
original packaging. The Customer may have to add additional packaging
to protect the product. Product purchased for heavy trafficked
commercial use may not be warranted. In the event that product,
leather, fabric or color is no longer available, ModLines by design, LLC and/or affiliates reserve the option to replace the product with equal or like merchandise.
Shipping Policies and Warranty Qualifications
Many circumstances surrounding the shipment of Mod Lines
by Design, LLC product influence the coverage of the manufacturer's warranty
and related policies regarding Cancellations and Returns. In that
regard, below is an outline of how the shipment of Mod Lines by Design, LLC product influences, and is influenced by, the terms and conditions as described up to this point. This servers as Mod Lines by Design, LLC responsibility to inform the Customer and all parties involved about these procedures.
Delivery Inspection - Necessary for Warranty Activation
To
activate warranty, the Customer (End User) must inspect the product at
the time of delivery and make notations on the Bill of Lading or
Manifest prior to signing for the product and to retain a copy for
their records. Any discrepancies that become apparent during the
following delivery phases must be cited on the Bill of Lading prior to
signing in order to receive full coverage under the manufacturer's
warranty.
A: Before Removing From the Truck:
Customer should
observe how the product is packed in the truck and if the product is
still banded to pallets (when applicable). If it appears that care was
not exercised in transporting the product, it is wise to take a picture
showing the placement of the items on the truck.
B: Before Unpacking:
Customer
must visibly inspect the packaging. It is recommended that they look
for torn, ripped, or crushed areas, and that no part of the product is
protruding from the packaging. Photographs are encouraged. It is the
Customer's responsibility to make notations of any and all exterior
damage visible on the product cartons or packaging prior to signing the
delivery receipt. If any damage is located on the exterior
cartons/packaging, Customer must keep the packaging for possible
inspection - they should not allow the carrier to take the packaging in
this case.
C: Unpacking:
Carrier's schedules are extremely
tight and under normal circumstances they will not wait for the
Customer to unpack the product. However, if Customer finds the
packaging to be damaged, this is a good indication that the product
therein is also damaged and so the Customer is encouraged to insist
upon opening the product with the carrier present. If the carrier will
absolutely not wait for unpacking, then along with any other notations,
mark the Bill of Lading/Manifest "Carrier refused to allow inspection
of product".
D: Signing For Product - Important:
Only after
complete inspection of the packaging and complete notations are
recorded on the Bill of Lading/Manifest, as noted above, should
Customer sign for the product. Under certain circumstances, the
Customer may be asked to provide this document for warranty and/or
return purposes, if applicable. ModLines
by Design, LLC or affiliates will not be responsible for transit damage not
noted on the Bill of Lading/Manifest or found after signing which is
deemed to be transit related.
E: After Unpacking:
The Customer must report any and all transit-related damages to ModLines
by Design, LLC immediately. Therefore it is recommended that the Customer
inspect the product for such damage immediately upon receipt and report
any damages to the ModLines by Design, LLC as soon as possible.
Delivery Refusal
A need to refuse delivery is extremely rare. The Customer must report any and all transit-related damages to Mod Lines by Design, LLC immediately. It is recommended that Customers refer to Mod Lines
by Design, LLC's return policies. If a Customer refuses delivery of product
and the carrier has no choice but to return the product to the
Warehouse, and the Customer has not obtained an RMA
number, all applicable policies and procedures, up to and including
restocking, shipping, handling and storage fees, will apply, in
addition to any extra fees and/or charges that must levy to make up for
the costs associated with such an unexpected Return are the
responsibility of the customer.
Shipping
Mod Lines
by Design, LLC arranges shipment from the factory Warehouse to the customer,
the cost of which is included in the net total cost of every order.
For example, Individual Orders have the cost of transit already
included in the list price and no further calculation is required
beyond that unless specified (i.e. white glove shipping).
As mentioned above ModLines
by Design, LLC will arrange all shipping necessary to get the product to the
customer. Any subsequent shipping necessary to send the product to the
Customer or the End User is solely the responsibility of the Customer. In this instance Mod Lines
by Design, LLC will not arrange, pay for, or quote any shipping for any
Customer. The only exception to this rule is a shipment necessary to
honor a warranty claim.
Custom Designs
If a Mod Lines by Design, LLC model is modified/customized to fit the requests of a Customer, or if a Customer submits to ModLines
by Design, LLC an original design created by them, their affiliates, or an
unrelated party, the resulting designs become property of Mod Lines
by Design, LLC. Modifications made to a Customer's order or Custom product
designs submitted by a Customer do not mean the Customer has inherited
any rights to these designs/changes and ModLines by design is free to reproduce them at any time. Mod Lines
by Design, LLC will be entitled to use, reproduce, disclose, publish and
distribute any designs a Customer submits for any purpose whatsoever,
without restriction and without compensating the Customer in any way.
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of California, 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 Mod Lines by Design, LLC products) shall be in the state or federal courts located in Los Angeles
County, California. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of Mod Lines by Design products) must be commenced within one (1) year after the claim or cause of action arises. Mod Lines
by Design, LLC'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. Mod Lines by Design, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Participation Disclaimer
Mod Lines
by Design, LLC 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, Mod Lines
by Design, LLC 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, Mod Lines by Design, LLC
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 Mod Lines by Design, LLC in its sole
discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Mod Lines by Design, LLC, 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, Mod Lines by Design, LLC may
link to sites operated by third parties. However, even if the third
party is affiliated with Mod Lines by Design, LLC, Mod Lines by Design, LLC has
no control over these linked sites, all of which have separate privacy
and data collection practices, independent of Mod Lines by Design, LLC.
These linked sites are only for your convenience and therefore you
access them at your own risk. Nonetheless, Mod Lines by Design, LLC 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).
|
|
