1. Before You Submit Your Order. Please check the Order Form prior to submitting it, in order to ensure accuracy of the item numbers, sizes, finishes, and fabrics. Your order will be placed exactly as submitted. It is also important to take measurements to make sure the furniture you are purchasing will fit through your house and can be placed in the area of your choosing. All measurements shown on the website are rounded to the inch but may vary from the actual measurement of the item once produced and received. On our website, we strive to provide an accurate representation of the finishes; however, due to change9s in lighting and a wide variety of resolution qualities on different computer monitors, some color variation is possible. To determine the exact color of a finish, we suggest that you examine the actual product or see if a finish sample is available.
   

2. Deposits.

   1. Up to a fifty percent (50%) deposit is required on custom orders except those listed below. When the furniture arrives at our distribution center, you will be notified and required to pay the balance by credit card or alternate payment.

   2. A one hundred percent (100%) deposit is required on quick-ship orders requiring immediate shipment, or delayed shipment.
      

3. Customer's Own Material (COM). Furniture made from COM will be subject to a handling charge of $25.00. Please be aware the manner in which customer's fabric or other material is applied (e.g., the direction of the pattern, etc.) will be at the discretion of the factory. THERE ARE NO RETURNS OF COM ORDERS FOR ANY REASON.
   

4. Split Shipment. If a split shipment for any item on your order is approved, you will be required to pay the balance on the delivered items and to maintain a fifty percent (50%) deposit on the remaining items (unless the remaining items require 100%deposit). Additional delivery charges may also apply.
   

5. Change of Orders. Order changes will be allowed only when the item(s) have not shipped (for quick-ship items) or when Modloft.com has the ability to change the order with the factory. Each permitted order change may be subject to a $25.00 handling charge. Requests for order changes must be in writing by the customer and sent via email.
   

6. Cancelled Orders. You may cancel your order any time after placing your order. If your furniture has not been picked up from the warehouse, you may cancel it at no charge. However, if the item has already been picked up, you will be responsible for a 50% restocking fee. If at the time of delivery you decide you do not want the furniture or thought it would match your decor better, you can refuse the shipment, at this point you would only be charged the delivery fee and up to a 50% restocking fee. After our delivery team has left your house and you decide to return the furniture, simply return the furniture to us at your expense and we will gladly give you a refund less up to 50% restocking fee. You may contact us at any time to check the status of your order.
   

7. Delivery Charges. Quotes for delivery charges are based on normal delivery conditions. The delivery quote you receive is guaranteed to be within 10% of the quoted price not withstanding any Special items. Special items must be agreed upon at the time the order is placed. (Examples: limited hours of access to your neighborhood, building or freight elevator, limited access to your home by large trucks, More than one flight of stairs, etc.) The customer will be responsible for all delivery charges including those which exceed those quoted by Modloft.com.
   

8. Expected Time Of Delivery. The delivery times depends a great deal upon availability and final destination. If the items are in stock at the warehouse, we average 10 days on the East Coast and 20 days on the West Coast for delivery. There is a great chance you will receive your items quicker and we will always do everything we can to insure timely delivery. Please Note: These are estimates, not guarantees. When it comes to delivery times, we are at the mercy of the delivery companies. Normally we are able ship your furniture from the warehouse within 2-4 days of your order, stock permitting. At that point your furniture will be on the next truck to your area which is about every 7-10 days on the East Coast, and 14-20 days on the West Coast. If we see there's going to be an unusual delay in your shipment, we will notify you. Custom ordered items require up to 14 weeks to arrive in our warehouse, and then normal delivery times apply.
   

9. Holding Your Order. You will be notified when your order is received at our distribution center. Orders held at our distribution center more than thirty (30) days after notification at the customer's request may be assessed a nominal storage fee by the distribution center.

DELIVERY OF FURNITURE

10. Pre-delivery. You will be notified when your furniture arrives at the distribution center and a delivery will be scheduled shortly thereafter. You may, of course, choose to pick up your furniture directly from our distribution center yourself or have it delivered through another delivery service or carrier. While this procedure is welcomed, you should be aware any furniture picked up in this manner will be treated as an 'AS IS' purchase and may not be returned for any reason. The movers travel hundreds of miles and make numerous deliveries. The delivery service will make every effort to meet your scheduled delivery time, but please remember delays may occur due to circumstances beyond the driver's control. Have your rooms and pathways to your room(s) cleared and ready for delivery as the drivers cannot move existing furniture. If you cannot be present at the time of the scheduled delivery, please make arrangements to have a responsible representative present to fully inspect and accept the furniture on your behalf. The signature of your representative on the Bill of Lading binds you with respect to all aspects of the acceptance of the delivery including the condition of the items delivered.
    

11. Delivery. Delivery is typically made by two (2) movers who specialize in delivering furniture. If the location of the delivery is not accessible by our delivery truck, it is your responsibility to provide transportation from the truck to the location of delivery. If your order is undeliverable for any reason, the furniture will not be delivered and you will be charged a fifty percent (50%) re-stocking fee plus freight charges. If the movers have difficulty placing an item in the area of your choosing due to limitations such as narrow halls, stairways, corners or ceiling heights, the items will be placed in another area of your home. If you insist the movers maneuver an item in a difficult situation, you will be responsible for any resulting damages to the furniture and the premises. The movers are not permitted to set up baby cribs nor any items that attach to walls. The movers are not permitted to dispose of packing materials and those items will be left with you. Please carefully review the section entitled 'Damaged Furniture.'
    

12. Defective Furniture. The furniture sold by Modloft.com is warranted by Modloft. All merchandise we sell is produced with excellent quality control, but defective items are occasionally shipped. In most cases, defects are of minor nature and can be cleared up in the home by a professional furniture technician. In the event you receive an item you feel is defective, please send us photographs clearly showing the defect along with a written description so that we can assist you with submitting the claim to the manufacturer. Modloft will repair or replace the item if the situation warrants. INTERNATIONAL PRODUCT MARKETING, LLC, d.b.a. MODLOFT, WILL DETERMINE IF AN ITEM NEEDS TO BE REPAIRED OR REPLACED. Natural flaws and imperfections in wood add to a piece's beauty and charm and should not be viewed as damages or defects. Natural stone varies in color and veining, and there is no control over veining or color. Minor door and drawer alignments as well as minor touch-ups are the customer's responsibility.
    

13. Damaged Furniture. Occasionally, the furniture may experience minor damage during shipment or it may contain manufacturer defects. Please take your time an inspect all the furniture upon delivery and denote any damages or defects on the delivery ticket (bill of lading), as it is much easier to have these problems corrected when denoted on the delivery ticket. PLEASE NOTE DAMAGE OR DEFECT ON DELIVERY SLIP EVEN IF YOU KEEP AN ITEM.

If your delivery is taking place during our normal business hours, 9-6 Monday-Friday (holidays excluded), please call us and we will help you determine what to do.

If your delivery is taking place after our normal business hours please contact our office and leave us a detailed message and a representative will contact you the following morning.

The phone number will be provided before your scheduled delivery time. If you have misplaced the number the delivery team will be able to give you the number.

If you are directed to keep the piece of furniture that is damaged we will we have a professional furniture technician come to your home and correct the problem. If the problem is not corrected back to or better than manufacturer standards, we will have a new piece sent to you at no additional cost. If you are directed to refuse the item we will have it replaced or repaired (per our recommendation) and redelivered to you at no additional cost. In the event an item is returned you may request a credit for that item until the item is returned to your home. Please take your time and inspect the furniture upon delivery, as it is much easier to have any problems corrected if they are noted on the delivery receipt. For extremely simple fixes such as replacing a broken handle, we will express ship the parts to you and ask you to install them.

MISCELLANEOUS TERMS

14. Title to Goods. Title to goods passes to you at the time of delivery.
    

15. Jurisdiction and Venue. This document and disputes shall be construed under the laws of the State of Florida and venue and jurisdiction shall be in Miami-Dade County, Florida. Furthermore, should a dispute arise, this document requires any issues to be subject to mandatory arbitration in the State of Florida.
    

16. Unpaid Balances. Any balance more than thirty (30) days past due shall bear interest at the rate of ten percent (10%) per annum. In the event collection efforts are necessary, the customer shall be responsible for all expenses of collection including attorney's fees and costs.

THERE ARE NO EXPRESS WARRANTIES OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT APPLY TO THIS SALE. MODLOFT.COM IS NOT LIABLE FOR DAMAGES OF ANY SORT INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES.

#Modloft

17. You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, "User Submissions") to your social media accounts. By posting and uploading User Submissions that you have tagged with #modloft or other Modloft brand hashtags, you grant to Modloft and its third-party service providers who provide content management services (collectively, the "Licensed Parties") the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your Modloft-tagged User Submissions in any manner to be determined in Modloft's sole discretion, including but not limited to on its webpages, social media pages operated by Modloft, and in its other marketing, promotional and advertising initiatives, in any media now or hereafter known. Modloft may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties' use of your User Submissions as described herein will not violate the rights of any third party or any law.