Terms and Conditions

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.

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 www.modernartifax.com. The collective work includes works that are licensed to www.modernartifax.com. Copyright 2003, www.modernartifax.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 www.modernartifax.com or purchasing www.modernartifax.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 www.modernartifax.com or to purchase www.modernartifax.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 www.modernartifax.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

All trademarks, service marks and trade names of www.modernartifax.com used in the site are trademarks or registered trademarks of www.modernartifax.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, www.modernartifax.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. www.modernartifax.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. www.modernartifax.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
www.modernartifax.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 www.modernartifax.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 www.modernartifax.com product is mistakenly listed at an incorrect price, www.modernartifax.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.modernartifax.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, www.modernartifax.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 www.modernartifax.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.

www.modernartifax.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 www.modernartifax.com.

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 www.modernartifax.com 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 www.modernartifax.com products) must be commenced within one (1) year after the claim or cause of action arises. www.modernartifax.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. www.modernartifax.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 www.modernartifax.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
www.modernartifax.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, www.modernartifax.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, www.modernartifax.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 www.modernartifax.com in its sole discretion.

You agree to indemnify, defend, and hold harmless www.modernartifax.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, www.modernartifax.com may link to sites operated by third parties. However, even if the third party is affiliated with www.modernartifax.com, www.modernartifax.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.modernartifax.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.modernartifax.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).

Refund/Return Policy: Original sales receipt must accompany returns. We offer a return, exchange or refund for in stock items within 7 calendar days after delivery of the product. Contact us prior to sending an item back for an RMA (return merchandise authorization). The RMA must be clearly visible on the outside of the box. The item must be packed correctly with all original packing materials to avoid damage in transit. The item must be fully insured. Any damages that occur in transit are the responsibility of the sender. Any necessary claims or disputes are the responsibility of the sender. Customer is responsible for all shipping costs if seller is not at fault. At our sole discretion after 7 calendar days, we may offer an exchange or store credit only. Returned items must be in new, unaltered and unused condition. Definition of new, unaltered and unused condition is: without showing signs of wear or damage in any way, must not have been installed or any alterations done to wires/wiring - Custom orders are not returnable Custom orders are defined as orders for items that are made per client's specification (custom manufactured, assembled, modified sizing length, width, or height including modifications of in-stock items), orders in non-standard finish, one off light fixtures built per customer's provided specifications which includes: design, style, finish, glass, amount of lights etc. A custom order, once confirmed and 50% Non-refundable deposit is received can not be canceled or changed at any time. The 50% Non-refundable deposit is used for materials, parts, glass, design, CAD rendering, etc. Other items that are not eligible for return: - Items that have been installed or altered (please inspect your items before installation) - Items damaged due to misuse or improper installation. We incourage you to use a licensed professional to ensure correct installation - Items that are specified as non-returnable on the website - Large quantities of the same item (4 or more) - Small parts and accessories (bulbs, down rods, extra chain, shades, glass, etc) - Expedited shipping charge We recommend ordering samples before placing orders to ensure the product meets your requirements. In the event of the item being damaged in transit contact us within 1 day of delivery. Please inspect your item for damage upon delivery before accepting the package. Any damage that occurred in transit must be noted with the carrier at the time of delivery. If you or someone on your behalf accepts the package without noting damage with the carrier it may not be returned for the reason of damage in transit. If damage occurred in transit we will do one of the following depending on the damage: 1) Have the item shipped back to us to repair and return back to you 2) Provide any and all parts that were damaged so the repair can be done on site 3) Send a new fixture All eligible returns (except for damaged in transit or defective) are subject to a 25% restocking fee. Items must be returned in original packaging, uninstalled, unaltered and with ALL parts and accessories. We require an RMA (return merchandise authorization) on all returns. No credit will be given to orders that arrive without an RMA. In order to initiate a return or if you have any questions please call 949-294-5076 or email [email protected]. We've taken pride over the past 23 years providing clients with high-quality products built by hand. We thank you for allowing us to handcraft a special one of a kind light fixture customized by you. We want you to be completely satisfied with your purchase. Most of our lighting is custom and built to order, so please ensure you've taken the appropriate measurements and understand the installation instructions before placing your order.
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