MODXMOD FURNISHINGS PRODUCT TERMS AND CONDITIONS

These Product Terms and Conditions (these “Product Terms”) apply to all quotes and purchases of products or services provided by MODXMOD FURNISHINGS (“MODxMOD”, “Company”, “we”, “our”) whether purchased from the MODxMOD website (the “Site”) directly through completing a shopping cart or in-person at a MODxMOD store or otherwise (“MODxMOD Products”).

Each quote and subsequent purchase thereof incorporate these Product Terms in its entirety. If you used or purchased a product or service from the MODxMOD Site, these Product Terms and Conditions supplement the MODxMOD Terms of Use at https://www.modxmod.com/policies/terms-of-service. If any term or provision in any quote or the MODxMOD Terms of Use modifies or conflicts with the terms or conditions contained in these Product Terms, these Product Terms shall control. Provisions in a quote that are in addition to or different from these Product Terms shall not become part of these Product Terms.

Your purchase of any of the MODxMOD Products, constitutes acceptance of these Product Terms and shall be binding and enforceable between you and MODxMOD. 

 

MODxMOD Products

For purposes of these Product Terms, MODxMOD Products shall be defined as one of the following (collectively referred to as “Products”):

"Highline” products mean original works of art or furniture created by an artist, that are unique and one-of-a-kind pieces.

"Elevations” products mean art or furniture items produced in limited editions, and items made to order or otherwise not mass-produced, that may come in a single piece or series that is unique, but not one-of-a-kind. 

"Quotidian" products mean reproductions works of art or designs, including but not limited to art or furniture reproductions, that are produced in multiple copies through mechanical, digital, or other reproduction processes.

 

Placing Orders

You may place orders and make purchases of Products on the Site by placing an order directly from the online store, in-person from one of our pop-up marketplace stalls by completing a purchase order form, or as otherwise communicated directly to you by a representative of MODxMOD. When placing an order to purchase any Products, you acknowledge that it will be deemed an offer to purchase the Products you select, expressly subject to these Product Terms. While it is our practice to confirm orders either by email or otherwise, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right, without prior notice, to limit the order quantity on any product, to reject any order, and/or to cancel any order at any time. We may require verification of information prior to the acceptance and/or shipment of any order.

 

Your Order Information

If you wish to place an order for Products from the MODxMOD Site or otherwise, you may be asked to supply certain registration information relevant to your order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

By placing an order for Products, you agree to pay all product prices, together with all applicable fees, charges, and taxes as displayed during the checkout process or indicated to you in your quote or otherwise by a representative of MODxMOD, including fees for delivery, service fees, shipping and handling charges, and government mandated fees (such as delivery surcharges). 

You represent and warrant that: (i) you are the holder of and have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order from MODxMOD; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.

 

Order Cancellation

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:

• Products availability
• Errors in the description or prices for Products
• Errors in your Order

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

Availability, Errors and Inaccuracies

The inclusion of a product on the Site does not imply or warrant that a product is or will be available at any time. The products available on our Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our products and advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and the Site. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

Prices Policy

MODxMOD reserves the right to revise its prices at any time without notice. The price charged for an item will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices on the Site or otherwise do not include taxes, and all applicable taxes will be added during the ordering process. 

 

Payments

All Products purchased are subject to a one-time payment. We use Shopify to process credit card transactions on our Site, and these transactions are governed by their Terms of Use available here https://www.shopify.com/legal/terms. Please ensure that you review and accept these additional Terms of Use before making a purchase on our Site, as we are not responsible for the practices or actions of this third-party service.

Payment must be received by us before we will accept an order, we will not be liable for any related delay or non-delivery of an order.

 

Refunds and Exchanges Generally

Refunds or exchanges will be given on a case-by-case basis. If you need to return your purchase, you may be able to do so as follows:

Highline: Highline products are unique custom-made items sold on an as-is basis and are not eligible for refunds or exchanges. If you receive your purchased Highline product and believe it is damaged, please contact us immediately via email at contact@modxmod.com. Highline products are covered by our lifetime limited warranty (described below). 

Elevations: Elevations products are eligible for repair, return or exchange. MODxMOD shall make all reasonable efforts to accept any returns or replace an Elevations product. Due to the unique and limited replications of Elevations you acknowledge and agree that any replacements for Elevations products may include minor variations.

Quotidian: Quotidian products are eligible for repair, return or exchange, subject to below. 

Terms for Refunds and Exchanges

(i) Eligible products may be returned or exchanged within thirty (30) days of receipt of the MODxMOD Products.

(ii) Items eligible for return or exchange must be unused, in their original packaging, and in the same condition as when received.

(iii) In order to process a return or exchange you may reach out to us via email at contact@modxmod.com. You will be required to provide your order number and a brief explanation of your reason for return or exchange.

(iv) Our team will review your request and, upon determination of eligibility for return or exchange, we will provide you with detailed return or replacement instructions.

(v) The customer is responsible for covering the cost of return shipping. Send the package to the address provided in the return instructions. We recommend using a trackable shipping method to ensure safe delivery.

(vi) Once your return is received and inspected, we will initiate the refund or replacement process.

(vii) Shipping costs are non-refundable

 

Duties and Taxes

Delivery Timing

Unfortunately, we cannot guarantee a certain delivery date or time frame for delivery for any order. MODxMOD makes all reasonable attempts to ship Products in approximately two (2) weeks from the order date. For the avoidance of doubt, timings provided are estimates. For orders with specific deadlines, please order well in advance, and we will do everything we can to meet your needs.

 

Proprietary Rights

You acknowledge that the MODxMOD Products and services contain certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and MODxMOD owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the MODxMOD Products and any MODxMOD services. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, you may digitally share select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of MODxMOD.

 

Product Limited Warranty

You shall be solely responsible for determining the suitability for use of the Products purchased from MODxMOD. Representations by employees, agents, or third-party distributors of MODxMOD concerning the suitability of MODxMOD Products are not authorized by MODxMOD and may not be relied upon by you. You assume all risks and liability in connection with the use, or inability to use, the product or material.

Notwithstanding anything set forth herein to the contrary, MODxMOD provides a limited warranty that covers physical damages to Products, including but not limited to tears, punctures, scratches, water damage, frame damage, and other physical deterioration that materially affects the appearance, value, or integrity of the Products. The limited warranty is available for Elevations and Quotidian products for a period of up to one (1) year from the date the Products were received and for Highline the earlier of (i) a lifetime warranty; or (ii) the date MODxMOD ceases to carry on as a business.  

The limited warranty does not cover:

• Normal aging, fading, or discoloration due to exposure to light, air, or environmental conditions;
• Damage resulting from improper handling, storage, or display contrary to MODxMOD written care instructions;
• Damage caused by acts of nature, fire, theft, vandalism, or other casualty;
• Damage caused by unauthorized restoration or repair attempts; or
• Damage caused by negligence, abuse, or willful misconduct (by anyone other than MODxMOD).
  

Your sole remedy with respect to a breach by us of our limited warranty to you shall be to inform us, in writing, of your desire to exercise this limited warranty, along with a sufficiently detailed explanation of your reason(s), so that we may either: (i) repair (applies to all Products); or (ii) replace or refund your purchase price (for Elevations and Quotidian products only) . You shall have the right to select which cure option to pursue, subject to MODxMOD acceptance, review, and approval by MODxMOD. You shall be responsible for shipping & handling charges associated with resending replacement or repaired Products. Any claim made by you hereunder shall be made within the applicable limited warranty period or forever be waived. We reserve the right to verify any such claim. The applicable warranty period is not extended if we have to repair or replace a warranted product. This limited warranty extends only to you as the original purchaser of our products from our Site or purchased in-person (i.e., and not to any subsequent owner or beneficiary of any Products). In order to obtain warranty service, please contact contact@modxmod.com.

 

Products Disclaimer

MODXMOD MAKES NO OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE PRODUCTS, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF USE, OR ANY OTHER MATTER.

MODxMOD makes no warranty and assumes no responsibility to (including without limitation):

• Any materials or defects to materials thereof manufactured by a third party and incorporated in any MODxMOD Products.
• Failure of MODxMOD Products or product breakage on account of improper use, misapplication, lack of proper maintenance, faulty installation, improper or rough handling, or failure to follow instructions regarding the products.
• Failure of MODxMOD Products due to construction or design.
• Failure of MODxMOD Products due to additional processing or fabrication, not done by MODxMOD.  
• Failure of MODxMOD Products or damage due to negligence, misconduct, abuse, accident, tampering, unusual environmental conditions, or other extreme stress, alteration, repair, cleaning, scratches caused by use with any third-party product or service. 

UNDER NO CIRCUMSTANCES WILL MODXMOD'S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE OR OTHERWISE FOR ANY MODXMOD PRODUCTS. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL MODXMOD BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

 

Limitation of Liability

MODXMOD’S AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY COST TO PROCURE SUBSTITUTE PRODUCTS, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE MODXMOD PRODUCTS, OR ANY SERVICE PROVIDED TO YOU BY MODXMOD.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND MODXMOD, AND THAT MODXMOD’S LIABILITY WILL BE LIMITED ENTIRELY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Applicable Law and Jurisdiction

If a dispute arises between you and MODxMOD, our goal is to provide you with a neutral and cost-effective means of resolving the issue quickly. In the event of a dispute, we encourage you to contact us first to resolve your problem directly with us. You may contact us regarding any complaints or disputes in the “Contact Us” section in our Terms of Use posted on our Site.

These Product Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.

 

Updated September 19, 2025.