BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEBSITE OPERATED BY Modtomic YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
The customer agrees to be bound by this Sale Agreement and accept its terms and conditions (unless the customer has signed a separate formal purchase agreement with Modtomic, in which case, the separate agreement shall govern).
Important Information about this Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in Modtomic’s sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this User Agreement and the Privacy Pledge frequently.
This Sale Agreement is a legal contract between the Customer and Modtomic. The customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to “you” or “your” shall relate to the Customer; references to “Modtomic” shall relate to Modtomic and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Modtomic relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Modtomic. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or email application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Modtomic at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Modtomic (References to “you” or “your” shall relate to a customer of Modtomic or other party that visits, browses, shops, accesses or otherwise uses the Site (the “Customer”); references to “Modtomic” shall relate to Modtomic and its affiliates. By visiting, browsing, shopping, accessing or otherwise using this site (“Site”), you acknowledge that you have read, understood, and agreed to be bound by this User Agreement and comply with all applicable laws and regulations. If you do not agree to this User Agreement, as it may be changed by Modtomic from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This site is controlled and operated by Modtomic from its offices within the United States. Modtomic makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Minnesota without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Hennepin County, MN to hear any such claims. Any claims relating to product issues after receipt by customer is governed by the laws of state of Minnesota without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Hennepin County, MN to hear any such claims.
These Sales Terms and Conditions are subject to change, and Overrule any verbal commitments made by any employee of Modtomic
User Generated Content
- The Site may now or in the future permit the submission of content such as comments and product reviews ("User Content") by you and other users and the hosting, sharing and/or publishing of such User Content. You agree and acknowledge that without regard to whether such content is published, Modtomic does not guarantee any confidentiality with respect to any such submissions.
- You shall be solely responsible for your own User Content and the consequences of posting or publishing them. You represent and warrant that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, or any right of privacy or publicity of any third party, or any applicable law, rule or regulation, or any of the Posting Rules; (ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Modtomic to post, publish, reproduce, display and otherwise exercise all rights in your User Content, including, but not limited to, the written consent, release, and/or permission of each and every identifiable individual person featured or referenced in the User Content to use their name, voice, likeness or any other applicable personal rights of any kind.
- Modtomic takes no responsibility and assumes no liability for any User Content posted or otherwise submitted to us. Any material, information or idea you submit or post on the Site will be considered non-confidential and non-proprietary. Modtomic may publish or otherwise use your name and User Content for any purpose whatsoever without your consent.
Acceptable Use Policy
- With respect to any submitted User Content, you agree not to: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant Modtomic all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the Site to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of Modtomic, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law; and (ix) collect or store personal data about other users.
- You will not use the Site or any of the information contained on the Site in any way that is unlawful or harms Modtomic or any user of Modtomic. You may not use the Site in any manner that could overburden, or impair any website owned or operated by Modtomic (or the networks or systems connected to any such websites). You may not use any device, software or instrumentality to interfere with the proper working of the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site. You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. Modtomic reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
- Modtomic does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Modtomic expressly disclaims any and all liability in connection with User Content. Modtomic reserves the right, at its sole discretion, but is not obligated, to monitor any and all User Content, messages, postings, or other content sent to the Site, and reserves the right to remove, modify, delete or to refuse to post any User Content or anything else that Modtomic in its sole discretion views to be in violation of these Posting Rules, the law, or is otherwise inappropriate. Modtomic may also terminate a user's access or account for uploading material in violation of these posting rules or the terms at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Content or links to your User Content to individuals with whom you are not acquainted.
- The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Modtomic reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and Modtomic reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted. Modtomic reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Modtomic's sole discretion.
Notice to California Residents
- California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.
- With respect to all communications made to Modtomic, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Modtomic shall have no obligation to protect your communications from disclosure; (ii) Modtomic shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Modtomic shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Warranties and Disclaimers
- Modtomic intends for the information and data contained in the Site or provided via other channels, including but not limited to phone and email, to be accurate and reliable; however, since the information and data have been compiled from a variety of sources, it is provided 'AS IS.' You expressly agree that your use of the Site and any information contained therein is at your sole risk. Modtomic EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
- IN NO EVENT SHALL Modtomic OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Modtomic HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site or other channels. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
- Products are not rated for commercial use unless otherwise stated on the product description or confirmed in a written email.
Limited Time to Bring Your Claim
- You and Modtomic agree that any cause of action arising out of or related to the Site or any information contained therein must be commenced within 48 hours after the cause of action arose or be permanently barred.
- This Site is intended for persons that reside within the United States of America. Modtomic makes no representations or warranties that the Site or any Content or offers provided herein are valid, appropriate or available for use outside of the United States. Those who access or use the Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws.
- Modtomic does not represent and is not affiliated with or sponsored by any designers or their representative mentioned on this website. Modtomic does not represent any designer mentioned on this site or their copyrighted or trademarked products. Modtomic are not manufacturers and Modtomic does not represent the items Modtomic sells to be original or exact replicas. Our products do not come stamped with a designer logo. Any mention of these designers within any product description are for comparison purposes and are not specifically endorsed by the designer or their representative.
- Modtomic strives to deliver the most accurate representation of the product through our pictures and descriptions. Descriptions are written to the best of our ability and are not endorsed by a designer or their representative. Our products are provided to you on an "AS-IS" basis. Modtomic does not claim responsibility or liability for manufacturer changes in color, material, dimensions, weights, and style.
- Modtomic does not have any responsibility in the quality control of the products or the specifications of the products on the site. Information and descriptions are subject to change without notice. Modtomic is not responsible for any harm caused to your home or place of work as a result of purchasing products from Modtomic's web store. Modtomic offers no warranty on any product. Modtomic does not guarantee that products will continue to function as that is provided by the manufacturer warranty (if available).
- Products are not rated for commercial use unless otherwise stated on the product description or confirmed in a written email.
- Manufacturer warranties may be void if an item is used for commercial purposes but not rated for commercial use. Items that are rated for commercial use will explicitly say so in the product description.
Chargeback and Debt Collection
- Initiation of a chargeback or failure to pay for goods or services (delinquent payments of any kind) fully revoke any buyer protections that are provided by Modtomic. Delinquent payments and unsubstantiated chargebacks will be treated as a debt and forwarded to a collections agency for full payment or recoupment of goods.
- When a user successfully places an order with a credit card and passes our security checks by confirming the Credit Verification Value (CVV) number and billing address, the user has agreed to our terms and verifies they are the authorized user of the card.
- When a user successfully places an order using a PayPal account by logging into PayPal, the user has agreed to our terms and verifies they are the authorized user of the PayPal account.
- Orders placed that require additional information before processing will be contacted via phone and email but for documentation purposes must be responded to via email.
- Changes to items, billing/shipping information, and shipping method must be communicated via email. Changes not communicated via email will have the order processed in its original state.
- If an item is out of stock, three attempts will be made via email to communicate the stock status. If a response is not made and the item does come back in stock within 30 days, it will be shipped out.
- A return request must be made within 48 hours after receipt of merchandise via email. Return requests made after 48 hours of a delivery will not be accepted.
- Returns are not considered filed unless an email is sent within 48 hours of receiving the order.
- Damage claims or notice of product deficiency must be made via email within 48 hours of receipt of merchandise (for small parcel items not requiring signature).
Damage claims may be resolved through an agreeable resolution. It can be in the form of a discount on a future order, reimbursement for repair costs, or a discount on the current item. If a response is not made within 30 days, the claim is considered closed and cannot be reopened.