TERMS OF USE & PRIVACY POLICY

Welcome to our web site! These Terms of Use (“Terms”) govern the web site, modernessentialsny.com (the “Site”) controlled by Modern Essentials. Modern Essentials is owned by Modern Essentials Inc.
The Site is provided as a service to our customers. Your use of the Site is governed by these Terms. By using the Site, you agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review the Terms whenever you use or access the Site. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms. 
By accepting these terms of use through your use of the website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms of use.

Content Permission & Restrictions

The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.
Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title or interest in or to the Content.
Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site.

Accuracy of Information on the Site

We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

Email Communication

By making a purchase on the Site, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).

Confirmation of Orders

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Cancellation or Refusal of Orders

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Merchandise & Availability

The merchandise sold through the Site is intended to comply with U.S laws and regulations. If you are a non-U.S based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S.
Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by emailing our customer service team at customerservice@modernessentialsny.com. You will receive a shipping confirmation e-mail once your items have shipped.

Links to Third Party Site

The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites. Your access to these third party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.

Disclaimer of Warranty & Limitation of Liability:

Your use of the site is at your risk. The information, materials, content and services provided on or through the site are provided "As is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. With respect to our products, there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
We will not be liable for any damages of any kind arising from the use of the site, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if we are expressly advised about the possibility of such damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Resale of Product & Order Acceptance

The Site sells products to retail consumers only. You shall not use the Site to purchase products for re-sale or export. In addition, we do not accept orders from any resellers, dealers, exporters, or distributors who may resell the products offered by us. We reserve the right to immediately bar access to the Site and terminate the account of any user who violates this provision.

Pre-sale Policy

All pre-sale purchases will ship within thirty days from purchase date. If for any reason your order cannot be fulfilled within thirty days from the date of order, you will be notified from our customer service team. All pre-sale orders will be charged at the time of purchase. Return policy will begin from the date of order arrival. Once a pre-sale purchase has been made it cannot be cancelled. Order will be fulfilled and can be returned as per our return policy. Note: Pre-sale periods are 30 days. If an order is placed towards the end of the pre-sale period, the order may ship out sooner than the thirty days. If you need further information with regards to pre-sale orders, please reach out to our customer service team who will be able to assist.

Payment currency

All payments are processed in USD (United States Dollar). 

Privacy Statement

We are committed to protecting the privacy of the visitors to the Site. For information on how information is collected, used, or disclosed by us in connection with your use of the Site, please contact our client assistance team via e-mail at assistance@modernessentialsny.com or by telephone at 1-888-220-3482

Client assistance

If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact our client assistance team by e-mail at assistance@modernessentialsny.com or by telephone at 1-888-220-3482

Effective Date: 16th February 2018

Last Updated: 16th February 2018