These Terms and Conditions govern the use of MODERN RESALE’S websites, applications, products and services, as well as any listing for sale of and purchase of any furnishings or décor therein (herein “Services”). By using and accessing the Services, you agree to be bound by and comply with these Terms and Conditions.

For the purposes of these Terms and Conditions, the term  The term “Buyer” shall refer to and mean anyone purchasing furnishings and/or décor through MODERN RESALE.

For Buyers:

If you purchase any items from MODERN RESALE’S retail location, pop up shops or website, you agree to the following:

1. Payment

MODERN RESALE accepts major credit cards, and checks (purchased items cannot be picked up or delivered until check has cleared) for the purchase of all items. You agree that MODERN RESALE can charge your credit card automatically at the time of purchase. All prices are in US Dollars only.   You further agree that if your charge is later declined or reversed for any reason, you shall be responsible to MODERN RESALE for the full purchase price of the item, along with any fees, interest or other charges incurred by MODERN RESALE in connection with the decline or reversal of the credit card charges. Such payment of the reversed or declined purchase price plus all fees and/or other charges shall be made within ten (10) business days of the written notification by MODERN RESALE of the refusal of the charge, in cash or Cashier’s Check, only, delivered to MODERN RESALE’s retail location.

MODERN RESALE shall not be liable to you if a transaction is not completed due to any limits on the use of your credit card, debit card or electronic funds transfer due to your agreement with your financial institution or by applicable law, or if a financial institution fails to honor any credit or debit purchase.

2. Transportation and Storage of Purchased Items

The Buyer, or end user, is responsible for any delivery charges after consigned item has been purchased from MODERN RESALE or the item’s location in Los Angeles (if not stored or displayed at MODERN RESALE) to the Buyer’s designated delivery location. While a MODERN RESALE representative may recommend a delivery service and furnish an estimate of the charges, the Consignor and Buyer have the option of selecting their own insured and bonded delivery service. MODERN RESALE is not responsible for any damage to consigned items during transit. It is the responsibility of the buyer to carefully inspect all delivered items upon delivery. Any discrepancies in condition of the purchased item must be noted by the delivery team prior to their departure from the delivery site. Should damages occur, MODERN RESALE must be contacted immediately for follow up. MODERN RESALE cannot be held responsible for any item that is damaged in transit if the BUYER has neglected to inspect and notify both the shipper AND MODERN RESALE of said damages. Should a buyer select their own delivery or shipping service, MODERN RESALE cannot be held responsible for any claims that may be filed against the company for damages. All sold items must be picked up within 5 business days of purchase unless special arrangements for pick up have been agreed upon in advance. Sold items that have been left beyond 5 business days are considered final sale and maybe donated or resold at the discretion of Modern Resale. 

Unless agreed upon in advance, MODERN RESALE will store purchased items for up to 7 days. After 7 days the purchased item(s) will be considered a final sale. If the item has not been picked up after 7 days, storage fees will apply at a rate of $25 per day per item. Stored items will be released only after all storage fees are paid.

If a buyer arranges pick up of a purchased item(s), the risk of damage transfers to the buyer or the delivery person or service arranged by the buyer as soon as the sold item has been lifted or moved from its original position/location within (or just outside) Modern Resale premises. MODERN RESALE does not have warehouse staff. Appropriate manpower and packaging materials must be provided by the buyer for all pick ups. If a buyer requests the assistance of Modern Resale staff to move or load a sold item, we will do our best accommodate the request. However the risk of damage remains with the buyer during the move. MODERN RESALE staff is not obligated to assist with moving sold items and will only do so if they feel it is safe for them and or the piece that is being moved.

3. Return of Purchased Items

A Buyer has 48 Hours to decide to return a purchased item for any reason. If the Buyer chooses to return an item, the Buyer is responsible for insured, return shipping charges from original purchase location, or to MODERN RESALE warehouse plus a 20% restocking fee. All returned items must arrive in the same condition as they were in prior to sale in order to qualify for a refund. MODERN RESALE will not accept damaged or altered merchandise. After 48 hours from the time delivery is received, ALL SALES ARE FINAL and all purchase prices become NON-REFUNDABLE.

Unless agreed upon in advance, MODERN RESALE will store purchased items for up to seven days. After seven days the purchased item(s) will be considered a final sale. If the item has not been picked up after seven days, storage fees will apply at a rate of $25 per day per item. Stored items will be released only after all storage fees are paid.

4. Miscellaneous Terms

Listings. While we strive to provide accurate listing information on each item presented for sale, MODERN RESALE does not guaranty that the listing is fully accurate regarding the condition of any item listed for sale and further cannot guaranee the authenticity of any item. MODERN RESALE is not responsible for the accuracy of listing information provided by Consignors, has no obligation to independently vet the rights of any Consignor to sell any item, and is not responsible for the condition of the item upon delivery that differs in any way from the listing. You acknowledge that the items listed for sale by MODERN RESALE are used and are being sold without any warranties of any kind.

Availability for Sale. Items for sale on MODERN RESALE cannot be duplicated or replaced by MODERN RESALE should they become unavailable for sale for any reason. MODERN RESALE reserves the right to list items on its website for sale that are also displayed in its retail location for sale. From time to time, an item may still be listed as available for sale on the website after having been sold in our retail location. Should such an item become unavailable for sale while your online transaction is being processed, MODERN RESALE shall refund any charges for purchase price made by you, and if requested, can assist you in locating a similar item for sale. 

Further, if another purchaser places an online order for a particular item before you do, you may not be the successful purchaser of an item. In such a situation, where the order cannot be accepted by MODERN RESALE because a previous order for that same item has already been accepted, MODERN RESALE will advise you of the same and refund any charges of purchase price that may have been made.

While we at MODERN RESALE strive to keep our site current, and remove any items from our site that have been purchased or withdrawn from sale by the Consignor, we cannot guarantee that all items featured on our website at any time are available for purchase at the time you visit the website.

For Consignors: 

The following Terms shall apply to all Consignors utilizing MODERN RESALE’S services:

These Terms and Conditions govern the use of MODERN RESALE’s websites, applications, products and services, as well as any listing for sale of and purchase of any furnishings or décor therein (herein “Services”). By using and accessing the services, you agree to be bound by and comply with these Terms and Conditions.

For the purposes of these Terms and Conditions, the term “Consignor” shall refer to and mean anyone utilizing MODERN RESALE’S services to assist in the listing and selling of any furnishings and/or décor. The term “Buyer” shall refer to and mean anyone purchasing furnishings and/or décor through MODERN RESALE.

1. Taxes

MODERN RESALE is not responsible for the payment of any sales, use, personal property or other governmental tax or levy imposed on any item sold or purchased through the website or otherwise arising from a transaction, other than on MODERN RESALE’S own income.

2. Indemnification

By utilizing MODERN RESALE’S Services, You and all of your heirs, assigns, officers, directors, employees, and successors in interest, agree to hold harmless, relieve, indemnify and discharge MODERN RESALE and it’s officers, directors, employees, assign and successors in interest from any and all liability, including reasonable attorneys’ fees and costs, for any loss and/or injury and/or damages to any person and/or property that may be sustained arising out of the use of MODERN RESALE’S website, Services and/or the purchase or sale of any items, and any breach by You of these Terms and Conditions.

3. Trademarks and Intellectual Property

All Buyers, Consignors and users of the MODERN RESALE website acknowledge and agree that MODERN RESALE’S names, trademarks, graphics, logos, slogans and service names utilized in the store and/or on the website are the exclusive property of MODERN RESALE and shall not be used without express written permission by MODERN RESALE.   You further acknowledge and agree that the content of the website and all information contained therein is the property of MODERN RESALE, protected by copyright, and cannot be copied or reproduced in any way without the express, written permission of MODERN RESALE. You agree not to store, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on MODERN RESALE’S website for any commercial purposes.

4. Security

We follow reasonable standards to protect all information submitted through the MODERN RESALE website and to our retail location, both during transmission and after receipt. No method of transmission via the internet is completely secure, and although we use commercially acceptable methods to protect all personal information, we cannot and do not guaranty its security.

5. Errors and Delays

MODERN RESALE is not responsible for any errors or delays in responding to a request for information, purchase order or any other communication caused by an incorrect e-mail address provided by You, and is not responsible for any delays caused by any other technical difficulties.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MODERN RESALE BE HELD RESPONSIBLE FOR ANY DAMAGES THAT ARISE OUT OF THE USE OF MODERN RESALE’S WEBSITE OR ANY SERVICES, THE SALE OR PURCHASE OF ITEMS, THE SERVICES PROVIDED BY MODERN RESALE, ANY INABILITY TO USE THE WEBSITE OR OTHERWISE.

7. Jurisdiction

By accessing MODERN RESALE’S website, You agree that such use shall be governed by the laws of the State of California, regardless of any conflict of laws and that any dispute between You and MODERN RESALE, whether arising out of Your use or access of the website, or the sale or purchase of any items, shall be adjudicated within the Superior Court of the State of California. You hereby explicitly agree to the jurisdiction of the Courts of the State of California and venue therein.

8. Site Modification

MODERN RESALE reserves the right to modify these Terms and Conditions, our policies and/or the content of our website at any time, for any reason, without specific notice to you. You agree that it is your responsibility to review these Terms and Conditions each time you visit the website. Once posted on the website, revised Terms and Conditions become effective twenty-four (24) hours after posting.

9. Severability

If any of these Terms and Conditions shall be deemed void or unenforceable, that term shall be deemed severed from the remaining Terms and Conditions and shall have no effect on the validity and enforceability of any other terms.

10. Headings

Headings contained herein are for reference purposes only and have no effect on the content herein.

11. No Waiver

A failure to act by MODERN RESALE with respect to an act by You or others of any breach of these Terms and Conditions shall not be deemed a waiver of any subsequent breach or similar breach of these Terms and Conditions.