Terms of Use

Welcome to The Modernist Collection, modernistcollection.com (the “Website or “Site” or “Service”), that is owned and operated by The Modernist Collection LLC (“we,” ”us,” or “The Modernist Collection”). The following terms and conditions (“Terms of Use”) govern access to and use of the site. By visiting, accessing, or buying products through the site, you (“you,” “buyer,” “user,” or “customer”) are accepting these Terms of Use.

I. GENERAL TERMS

PRIVACY POLICY:

The Modernist Collection respects the privacy of its users. Please refer to the Privacy Policy found HERE, which explains how The Modernist Collection collects, uses, and shares the personally and non-personally identifiable information that pertains to you and your privacy. By accessing the site, you agree to this Privacy Policy.

ABOUT THE SERVICE:

The Modernist Collection is an online platform that allows customers to shop for and purchase products, including but not limited to photographic prints, artwork and framed decorative items. These goods are purchasable directly on the “site” (www.modernistcollection.com), and also available for purchase through affiliate and non-affiliate partnerships linking to other third-party sites. In addition, The Modernist Collection provides original content relating to architecture, home furnishings and design, among other topics. 

LINKS TO THIRD PARTY SITES:

The Modernist Collection links to third-party sites through affiliate, and non-affiliate product links. If you should click on an affiliate link, and are redirected to the third party site, you acknowledge and agree to the affiliate terms and conditions contracts between The Modernist Collection and the third party site. By using such affiliate links, you acknowledge and consent to that The Modernist Collection may be compensated for the traffic as a result of your browsing behavior, whether or not you purchase on third party sites through such affiliate links. We are not responsible for the content of any linked third party websites or any services (i.e. if you purchase a product on the third party site), even if you accessed such site through The Modernist Collection. Your activity on the the third party website is subject to the terms and conditions and privacy policy of that website. Once you have left the The Modernist Collection site, you are no longer subject to The Modernist Collection’s Terms of Use or Privacy Policy.

COPYRIGHT AND TRADEMARKS:

All content on the site, which includes text, graphics, and logos, is the property of The Modernist Collection LLC, and is protected by American and international copyright and intellectual property laws. We do not grant any license or right to use of any content on the site unless as outlined by the Terms of Use or with prior written permission from The Modernist Collection. Failure to comply with such copyright and trademark laws shall result in legal action at the discretion of The Modernist Collection. 

CHANGES TO THE SITE:

The Modernist Collection retains the right to change, alter, suspend, or discontinue the site, or portions of the site, including any links to product or goods sold on the site. Such changes shall be made by The Modernist Collection and may happen at any time.

CHANGES TO TERMS OF USE:

The Modernist Collection retains the right to change or amend the Terms of Use at any time. It is your responsibility to check the site to review such changes. By continuing to use the site whether or not you check the Terms of Use, you signify your acknowledgement and agreement to the Terms of Use. The Modernist Collection shall notify you of significant changes to the Terms of Use through email or posted notices on the site.

USER CONSENT TO RECEIVE ELECTRONIC COMMUNICATION:

By using the site, you consent to receive electronic communication from The Modernist Collection via personal information (email addresses) you have submitted on the site. You may opt out of receiving such communication from TRNK by following links included in email notifications, or by emailing

DISCLAIMER

The information, content, and products provided on the site are provided "as is," without warranty of any kind. The Modernist Collection is not responsible for actions or inactions of products for sale on the site. THE MODERNIST COLLECTION SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS OR INACTIONS THAT RESULT FROM PURCHASING PRODUCTS FOUND ON, OR PURCHASED THROUGH THE SITE. THE MODERNIST COLLECTION HAS NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS FEATURED, OR SOLD ON THE SITE. WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE ACCESSED THROUGH TRNK OR THROUGH A LINK PROVIDED ON THE SITE. THE MODERNIST COLLECTION SHALL NOT BE A PARTY IN ANY TRANSACTION THAT YOU MAY ENTER INTO WITH THIRD PARTY SITES ACCESSED THROUGH LINKS ON THE MODERNIST COLLECTION.

LIMITATION OF LIABILITY / RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MODERNIST COLLECTION, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY OR SALE OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE INCLUDING ANY PURCHASES YOU MAKE USING THE SITE; (C) ANY OTHER INTERACTIONS WITH THE MODERNIST COLLECTION OR ANY OTHER MEMBER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE MODERNIST COLLECTION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU AGREE THAT YOU BEAR ALL RESPONSIBILITY, AND YOU AGREE TO RELEASE US (AND OUR AFFILIATES, DIRECTORS, EMPLOYEES, OR PARTNERS), CREATORS, OR HOSTS FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND, NOW AND IN THE FUTURE, ARISING FROM OR IN ANY WAY CONNECTED TO USE OF THE SITE.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY ON THE SITE REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE. YOU UNDERSTAND AND AGREE TO THAT BY USING THE SITE YOU ARE ENTERING INTO THESE TERMS OF USE, AND ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTIONAL OR CIVIL SUIT WITH RESPECT TO CLAIMS MADE IN RELATION TO THE SITE, ORDERS, OR SERVICES MADE THROUGH THE SITE.

II. PURCHASE TERMS

THE MODERNIST COLLECTION’S SERVICE (THE SITE):

Through the site, The Modernist Collection sells goods directly to you (the customer) through transactions on The Modernist Collection, or acts as a platform that facilitates the purchase between you and a third party site linked through The Modernist Collection.

PRODUCT DESCRIPTIONS:

We make every effort to accurately illustrate and describe the true condition and description of the products and goods sold through the site. However, due to differences in computer screen quality, lighting, or general perception, it is possible the physical goods purchased through the site will look different than how they are represented and described. If you feel goods you have purchased on The Modernist Collection have been misrepresented, please contact us at info@modernistcollection. Product descriptions, information, availability, and pricing for any product or service on the site is subject to change at any time without notice. We do not guarantee nor do we make any representation regarding the accuracy, completeness of any information on the site, including product descriptions or product images.

ORDERS, PAYMENT INFORMATION, AND FEES:

The Modernist Collection reserves the right to refuse service (including refusal to fulfill or ship orders placed through the website) at any time, and for any reason. We will contact you through the contact information you provide at time of purchase in the event that we are unable or unwilling to fulfill or ship your orders. By using a credit card to purchase on the site, you are acknowledging and authenticating that the card is valid, and that you are authorized to use the card. If the charge is not authorized or accepted or there are errors in processing, we reserve the full right to cancel your order without any notice and with no further liability to you. We also retain the right to refuse any future use from any credit card or any user, especially under circumstances of suspected or proven fraud or unethical or unlawful use of an account. You card will be charged once you have placed an order. Before you card is charged and before you have confirmed your order, your card will be authorized for the amount on your order. You are solely responsible for paying all fees and taxes associated with goods purchased on our site. If your payment method (i.e. credit card) fails or your account is past due, we retain the right to collect any and all fees owed to The Modernist Collection using other collection means in accordance with the law.

TAXES:

Taxes are charged for purchases made on the site, and are based on applicable local, state, or federal tax rates based on the delivery address of the information on your order. It is your responsibility to pay the sales tax in accordance with the local, state, or federal taxes in the local of your shipping address provided.

DISCOUNTS & PROMOTIONS:

The Modernist Collection occasionally runs or offers discounts and promotions to customers. However, please be aware that these discounts or promotions are subject to restrictions as outlined in the offer or promotional language.

RETURN AND REFUND POLICY:

The Modernist Collection is unable to accept returns or provide refunds for goods purchased on the site and all sales are final. If you are dissatisfied with your purchase, or feel the product you have purchased on the site has been misrepresented, please contact customer service at info@modernistcollection.com. Under certain circumstances, mainly, if the goods you received were not what was purchased according to your receipt, The Modernist Collection may accept the return or offer a refund.

If you purchased goods on a third party site discovered through a product link located on the The Modernist Collection site, any return or refund is based exclusively on the terms outlined in the return or refund policies of those third party sites. The Modernist Collection in no way and under no circumstances retains ownership or liability over your purchases, subsequent returns, or refunds made on such third party sites. If you wish to return or request a refund on merchandise purchased through a third party site, you must contact the appropriate representatives at those third party sites. The Modernist Collection or its customer support cannot and will not under any circumstance facilitate the return or refund request of goods purchased on third party sites or discovered through links on The Modernist Collection.

SHIPPING AND DELIVERY POLICIES:

In general, The Modernist Collection works to fulfill orders placed on the site as soon as possible. Your goods will ship according to the delivery lead times as outlined on the product detail page. Many of our products are made-to-order or are shipping from third-party locations. As a result, it is vital that you read the delivery details and timelines associated with the goods purchased on the site. By purchasing the goods on the site, you acknowledge and agree to these shipping timelines as outlined at time of purchase. The Modernist Collection in no way guarantees these timelines are accurate, and will not be liable in any cases or under any circumstances, for shipping or production delays to your order. In most cases, you will not be able to expedite shipping on goods purchased through the site. In many cases, there is an additional delivery surcharge for your order, or delivery charges will be billed after the purchase of the goods. If such a delivery surcharge or delayed delivery charge must be made, we shall notify you via the contact information provided at time of purchase. By purchasing goods with delivery surcharge or delayed delivery charge, you are agreeing to these charges even if they are made on a later date.

The Modernist Collection is not responsible for damages that occur during shipping. We make every effort to ensure our goods are packaged carefully to minimize risk of damage during shipping. If the goods received are damaged, please refuse delivery (if possible) or contact info@modernistcollecollection.com within 36 hours of receipt in order to initiate the return of damaged goods. The Modernist Collection will work with the vendor to either replace the goods or offer a refund. All items shall be shipped F.O.B. shipping point and title and risk of loss shall pass to you upon delivery of items to a common carrier.

If you follow product links to third party sites, and purchase goods on third party sites, the shipping and delivery policies of those third party sites shall apply to your transaction. The Modernist Collection in no way and under no circumstances retains ownership or liability over your purchases, shipping, and deliveries of goods made on such third party sites. The Modernist Collection or its customer support cannot and will not under any circumstance facilitate in shipping and deliveries related to goods purchased on third party sites or discovered through links on The Modernist Collection.

DISPUTES PERTAINING TO ORDERS:

If a dispute should arise related to purchase of goods on our site, we will work to resolve the dispute as soon as possible, and in the most cost effective means possible. Before resorting to litigation, we encourage you to contact us at info@modernistcollection.com. If you have a complaint against us, or need additional information or support, please contact us at info@modernistcollection.com. If a dispute should arise related to a purchase of goods made on third party sites discovered through the site, we urge you to contact the customer support on those third party vendor partner websites. Before resorting to litigation, we urge you to contact us to see if we may be able to facilitate a resolution. However, we are in no way and under no circumstances liable for such a dispute between you and a third party vendor, or any harm past, present or future, that results from such a dispute.
 

If you have a question or complaint, or need additional information or support, please contact us at info@modernistcollection.com.