Terms of sale

terms of order and sale

Effective Date: September 26__, 2015

These terms and conditions of order and sale (“Order Terms”) set forth the terms upon which Modify Furniture (“MODIFY FURNITURE”, “we”, “us” or “our”) sells, and you Order and purchase, the MODIFY FURNITURE product(s) (the “Product(s)”), whether offered by MODIFY FURNITURE through the website (“modifyfurniture.com” or the “Site”) or through another commercial channel. The term “you” means both the individual placing the Order and the entity on whose behalf such individual is acting, if any.

By Ordering and/or purchasing the Product, you represent and warrant that you have read and understood these Order Terms. This is a binding legal agreement between you and MODIFY FURNITURE and includes an arbitration clause under which certain claims may not be brought in court or decided by a jury. You should also carefully review our Privacy Policy before placing an order for goods or services through the Site. Do not Order the product(S) if you do not accept these Order Terms.

1.      Orders and shipping

for information on shipping options, refer to page titled "shipping".

2.      Pricing and Payment

2.1          Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. Your credit card or other payment source will be charged by us or our e-commerce platform immediately upon your placement of an order through the Site.

2.2          You agree to pay charges incurred by you at the posted price, including all shipping and handling and all applicable taxes, if any. Credit cards, PayPal or such other payment method specified by the Site will be accepted for all purchases by us or our e-commerce platform. You represent and warrant that the payment information that you supply is true, correct and complete, and that charges incurred by you will be honored by your credit card company or other payment processing service.

3.      RETURN POLICY

3.1          We want you to love your Modify Furniture. And we realize that sometimes what you see online doesn’t work in your space the way you imagined. We are happy to accept returns on any items purchased online within 14 days of delivery to your home from modifyfurniture.com. Please contact us for a Return Authorization prior to returning any product. You can initiate a return on items from your "My Orders" page at the Site. Check off "Return Item" next to the item you wish to send back, and we will promptly contact you with further information.

3.2          Refunds are issued after returned items have been received, inspected, and processed. We are under no obligation to accept any returns of Product where the defect or damage was caused by you. Refunds are issued based on the original form of payment, subject to any applicable restocking fees. Should you have any questions about the status of your return, your refund, or need instructions on how to return an item, please contact us via email, or call us.

3.3          If the product is not defective, the customer is responsible for all shipping costs plus an industry standard 25% restocking fee. The products must be returned in their original packaging, and in new, unused condition. A refund will be submitted to the original payment method minus the shipping and restocking fees upon delivery and inspection of returned items. Kindly ship with a carrier that provides tracking numbers, and request insurance to ensure safe return.

3.4          If the purchased item has not yet been processed by us, we are happy to cancel your order with a full refund if canceled prior to the point at which we begin processing of your order. If an order is cancelled after the order has been processed, customers desiring to cancel their order will be responsible for a 25% restocking fee.

3.5          For sliding panels, we are happy to exchange stock colors for cost of shipping only. We will not charge a restocking fee as long as the components are returned in resale condition (upon inspection by modifyfurniture.com). Unfortunately, fully customized items (custom colors or configurations) are not refundable. In this case, please call us and we will try to work out a satisfactory solution.

3.6          As a company, part of our mission at Modify Furniture is to promote and support independent artists from the community. Most of our artist-designed pieces are made to order for you upon purchase and therefore not refundable. These items are labeled as non-refundable at the time of purchase. These products may be cancelled for full refund if the item has not yet been processed, so it is best to contact us promptly should you decide to cancel special order items.

3.7          Unfortunately, we cannot accept returns for purchases made from other retailers. Please contact the original retailer directly for information about their return policy.

4.      DEFECTIVE OR DAMAGED ITEMS

4.1          If a component of your purchase is deemed defective, Modify Furniture will furnish a repaired or replacement component at no cost, after an evaluation of the defect. Modify Furniture will pay for all shipping costs related to the defective component. It is the customer’s responsibility to pack the product appropriately for secure shipment. The product should be returned in its original packaging, but if this is not possible, it is the customer’s responsibility to procure suitable alternative packaging.

4.2          Shipping damage must be reported immediately upon receipt of your item directly to Modify Furniture. If there is visible damage to the box, please refuse delivery and contact us immediately upon receipt of damaged packages. For product damages concealed at the time of delivery, please obtain photos of the damaged item and the packaging it arrived in. Please save all packaging so we can document the damage to the shipping company. If customer signs the shipping company delivery receipt “received in good condition”, or does not report shipping damage directly to Modify Furniture within 48 hours of receipt, no shipping damage claim can be accepted.

4.3          If you have received a damaged product that can be remedied with replacement parts, but choose to return an item rather than accept replacement parts, please refer to our return policy.

5.      RISK

5.1          Risk in the Product passes to you upon MODIFY FURNITURE’S delivery of the Product to the carrier, and you are responsible for any loss or damage to Product from that point.

6.      Restrictions on Use

6.1          You shall use the Product(s) only for personal purposes and shall comply in full with all terms and conditions related to operation and use of the Product(s). You shall not reverse engineer or otherwise violate our intellectual property rights associated with or embodied in the Product(s).

7.      PRODUCT USE AND CARE Recommendations

7.1          Powder Coated Components: Frames and sliding panels are fabricated from powder coated aluminum or steel. We offer the following recommendations with respect to care of these items:

7.1.1     It is best to wipe spills promptly with a damp cloth and wipe dry. If necessary, use a mild soap. Avoid using abrasive cleaners, chemical solvents, strong detergents, alcohol, acetone, bleach-containing cleansers, or oil-based polishes on the surface. Our powder coated components are designed for indoor use unless specifically stated for outdoor use.

7.2          Bamboo and Fiberboard Surfaces: Components made with these materials are hand sanded in our workshop and then hand rubbed with an oil-wax to give a protective coating that is environmentally friendly, easy to clean and easy to repair. These materials have the inherent properties of solid wood and, as such, should be cared for in a manner one would care for solid wood furniture and are subject to the same factors that could damage solid wood furniture. We offer the following recommendations with respect to care of these items:

7.2.1     UV Light Exposure. As the color may change with prolonged UV light exposure, we recommend that pieces are moved occasionally to allow uniformity in light exposure to avoid irregularity in the color of the surface.

7.2.2     Warping Due to Heat and Humidity. These products, like all wood, will expand and contract with changes in humidity and temperature. We recommend that you minimize excessive changes in humidity and temperature to avoid warping or distortions in shape.

7.2.3     Moisture and Heat Damage. To avoid damage to the surface from moisture and/or heat, we suggest always using coasters and trivets to avoid direct exposure to moisture and heat. Always wipe the surface after accidental spills. These products are designed for indoor use only unless otherwise stated.

7.2.4     Physical Damage. We suggest customers avoid scraping sharp or rough objects across the surface of furniture.

7.2.5     Chemical Damage. Many household cleaners contain chemicals that will be harmful to your furniture's surface. Please see below for best cleaning methods:

7.2.6     Cleaning: Simply wipe with a moist towel and dry. If soap is needed, we recommend a very mild soap used sparingly and thoroughly wiped afterwards.

7.2.7     Repair: Should mechanical, staining or water damage occur, we recommend lightly sanding of the surface with a fine grit (300-400 grit) by hand and application of a low VOC oil-wax. For more information on recommended repair products or methods, please call and we will be happy to assist. We are happy to send a small volume of our oil-wax if you prefer not to purchase your own.

7.2.8     Ongoing care. We love using an oil-wax product on all of our wood components for the safety profile, beautiful finish and organic materials in the product. It is also used for the ability to easily spot-repair. This finish will occasionally need to be refreshed. We recommend annual application of a low VOC oil-wax to the surface which should be applied according to recommendations on product label. Please be aware that any rags or other materials used with an oil product are considered COMBUSTIBLE, so please be sure to dispose of such materials according to package recommendations.

7.3          Aluminum Printed Art: Aluminum artwork is baked into the aluminum surface by a unique process that offers long-lasting surface beauty and resistance to damage. We offer the following recommendations with respect to care of these items:

7.3.1     Color. The aluminum art surface is UV resistant, but these products should not be left exposed to direct sunlight for extended periods of time as prolonged exposure may result in fading.

7.3.2     Moisture and Heat Damage. To avoid damage to the surface, we suggest always using coasters and trivets to avoid direct exposure to moisture and heat. Always wipe the surface with soft moist rag after accidental spills. These products are designed for indoor use only unless otherwise stated.

7.3.3     Physical Damage. We suggest customers avoid scraping sharp or rough objects across the surface of furniture.

7.3.4     Chemical Damage. Many household cleaners contain chemicals that will be harmful to your furniture's surface. When cleaning, simply wipe with a moist towel and dry. If soap is needed, we recommend a very mild soap used sparingly and thoroughly wiped afterwards. Avoid using abrasive cleaners, chemical solvents, strong detergents, alcohol, acetone or bleach-containing cleansers or oil-based polishes on the surface.

8.      ADDITIONAL SAFETY INFORMATION

8.1          Modify Furniture products are designed for home and small office use. The furniture is structurally sound and is designed to last generations. All furniture that is 45 inches in height or more can pose risk of serious injury to small children. These units should always be placed against a wall and ideally secured relative to the wall. We provide (2) anti-tip clips with tall furniture. These are designed to prevent accidental tipping of units up to 150 lb. If you expect to use these units to store heavy items, please call us and we are happy to provide you with more clips. These clips are not rated for protection from earthquakes. For safe mounting it is CRITICAL that you use appropriate anchors based on your wall type. Mounting to wood is ideal. If you are unsure, it is best to consult a specialist in your area.

8.2          Many of Modify Furniture product(s) take the form of modular systems. As such, the same building components can be configured in numerous ways. However, the designs presented at the Site and in assembly manuals have been extensively tested for structural integrity, strength and safety. Failing to abide by recommended assembly can potentially result in suboptimal structure and result in personal harm. If you would like to configure Modify Furniture modular products in ANY way other than that recommended, please call customer care and we can help design a unique configuration that is sturdy and will meet your needs.

8.3          Tall furniture items (45 inches or over) are designed to be placed and secured against a wall. Placement of these units in the center of a room may result in injury as this is not the intended use for these items. Anti-tip hardware and instructions are provided with purchase and may be found on our product care page.

8.4          Desks, tables, storage units and storage bins on casters are designed for storage only. They are not designed for sitting on and may tip as a result of excessive or unequal distribution of weight applied to the top. Please avoid sitting or standing on or placement of heavy objects on the edges of furniture.

8.5          All Modify Furniture products are designed for normal residential use only.

8.6          Panel guide clips are designed for use with all sliding panel doors to protect the surface of the sliders and frame. They are sent separately and clip on to the bottom of all sliders. As these are small pieces, there is a risk for ingestion and choking if accessible to small children. If furniture is placed in a location where young children will have regular access, we recommend applying a small drop of cyanoacrylate (“crazy”) glue or similar adhesive to prevent removal of clips.

8.7          X decor panels are designed for decorative purposes only. They are easy to place in the furniture and are easy to remove as well. They must be placed in the back of a unit ONLY and must be placed against a wall. They should not be used in a location where children will have easy access to them. Clips are supplied to keep panels from movement, but are not designed to protect from removal.

8.8          X decor panel clips are supplied to prevent rattling and movement of X panels when placed in the back of furniture unit when placed against a wall. They are small and can pose a choking hazard risk to young children. They are NOT designed to protect the panel from removal and should not be depended on to prevent removal. They are not necessary for function of the furniture and are offered as an option only.

9.      Intellectual Property

9.1          MODIFY FURNITURE owns all intellectual property rights in the Product(s). You shall acquire no interest or rights in MODIFY FURNITURE’S intellectual property rights by virtue of these Order Terms, except as expressly granted herein.

10.    Disclaimer/limited Warranties

10.1      At MODIFY FURNITURE, we strive to sell you the best furniture you've ever had. Many of our products are handmade (in whole or in part) and, as such, there may be some minor blemishes and imperfections visible. These are not defects and do not affect the quality or function of the furniture. Natural wood and machined aluminum products can have color and grain variations and these are not considered “defects.” Artwork printed onto metal is subject to minor imperfections based on the sublimation process. These are not considered defects and thus are not covered under our warranty. Appropriate product care, installation and use are outlined above and in the applicable instruction manual(s). Inappropriate care, installation and/or use of MODIFY FURNITURE products voids our warranty.

10.2      Any Modify Furniture item, PRODUCT or component THAT IS deemed TO BE defective will be repaired or replaced, if deemed appropriate by Modify Furniture, at no cost to the customer after that item, PRODUCT or component is evaluated by Modify Furniture or a Modify Furniture representative. We will be happy to pay for any shipping costs ASSOCIATED WITH RETURN OF DEFECTIVE PRODUCT, but it is the customer's responsibility to send the defective PRODUCT to us in the original packaging and packed in a way secure for shipping. If this is not possible, the customer is responsible for obtaining AND ARRANGING SECURE PACKAGING FOR SHIPPING PURPOSES. The remedies SET FORTH IN THIS SECTION OF THE oRDER TERMS STate the FULL extent of Modify Furniture's responsibilities UNDER THIS WARRANTY.

10.3      This warranty covers Modify Furniture products THAT we manufacture AND that are subject to normal residential indoor use (unless specifically STATED for outdoor use). This warranty does not cover affiliate sales items. This warranty covers products when used as recommended. This warranty does not cover damage resulting from misuse, negligent use, negligence during assembly, unauthorized repairs, fire, floods, and other acts of nature. Clearance and "resale" items are not included in this warranty. This warranty does not cover items damaged during shipping. For items damaged during shipment, please refer to information provided under our return policy.

10.4      Except for express warranties SET FORTH herein, Modify Furniture expressly disclaims and excludes ANY and aLL warranties with regard to its goods and services, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party patents, and all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

11.    Limitation of Liability

11.1      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL modify furniture AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE modify furniture products, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF modify furniture OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

11.2      Our sole and maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual purchase price paid by you for the Product provided to you by modify furniture.

11.3      Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of the Product.

12.    Indemnity

12.1      You are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless MODIFY FURNITURE and its officers, directors, employees, and agents (“Indemnitees”) from any liabilities, damages, losses, expenses, costs and attorneys’ fees arising from your use of the Product not expressly in accordance with these Order Terms or the applicable terms and conditions for such Product.

13.    Force Majeure

13.1      MODIFY FURNITURE shall not be liable for any breach of these Order Terms to the extent arising from any factor outside our reasonable control.

14.    Applicable Law and Jurisdiction

14.1      The Site is controlled by us from our offices within the State of Connecticut, United States. The Site can be accessed from all fifty (50) states, as well as from other countries around the world. The validity and interpretation of these Order Terms shall be governed by the statutes and laws of the State of Connecticut, without regard to conflicts of laws principles thereof, and will apply to all matters relating to the purchase of the Product available through the Site. You agree and hereby submit to the exclusive personal jurisdiction and venue of a Superior Court in Fairfield County, Connecticut and the United States District Court for the District of Connecticut with respect to such matters.

14.2      We make no representation that the Product available through the Site is appropriate or available for use in locations outside of the United States, and accessing the Product or associated services from territories where the Product or associated services are illegal is prohibited. By accessing the Site from other locations, you do so on your own initiative and you are responsible for compliance with local laws.

14.3      Any legal proceedings against MODIFY FURNITURE relating to these Order Terms shall be filed within one (1) year after shipment of the Product to you.

14.4      All disputes arising out of or relating to these Order Terms shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect and the further procedures set forth herein (for information on the AAA and its rules, see www.adr.org).

14.5      The arbitration shall be conducted in Fairfield County, Connecticut, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq., and the laws of the State of Connecticut, without reference to principles of conflicts of laws.

14.6      Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and YOU HEREBY WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO.

14.7      Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to these Order Terms, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. MODIFY FURNITURE does not hereby waive any defense that such jurisdiction may be lacking in your jurisdiction.

14.8      Without derogation of the parties’ obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to these terms and conditions or the Site shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting in Connecticut, except that, following confirmation of an arbitration award in a state or federal court in Connecticut, a judgment arising therefrom may be executed in any court of competent jurisdiction.

15.    Entire Agreement

15.1      These Order Terms represent the entire agreement and understanding between you and MODIFY FURNITURE concerning the subject matter thereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Order Terms incorporate our Privacy Policy, which is available here.

15.2      These Order Terms may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for the Product which are subject to additional or altered terms shall be null and void, unless MODIFY FURNITURE expressly agrees otherwise in writing signed by an authorized representative of MODIFY FURNITURE.

16.    Miscellaneous

16.1      In the event that any part of this provision shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this provision shall otherwise remain in full force and effect.

16.2      MODIFY FURNITURE’S failure to insist upon strict performance of any of the provisions contained in these Order Terms shall in no way constitute a waiver of its rights as set forth herein, at law or in equity, or a waiver by MODIFY FURNITURE of any other provisions of prior, concurrent or subsequent default by MODIFY FURNITURE in the performance of or compliance with any of the terms and conditions set forth herein.