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.
FOR CONSIGNORS: The following Terms shall apply to all Consignors utilizing MODERN RESALE’S services:
1. Pricing and Payment
MODERN RESALE Inc. will pay consignor 60% of the selling price of any or all items that are sold during the first 30 days of the contracted period. After the first 30 days, the consignor shall receive 50% of the selling price of any or all items that are sold during the contracted period. MODERN RESALE will consult with the Consigner to reach mutually agreed upon selling price and minimum selling price to be listed on the MODERN RESALE selling prices chart below. After 90 days, the selling price will be automatically adjusted to the lowest selling price on the contract.
In the event an adjustment in the price needs to be made in order to expedite the sale of the consigned item, MODERN RESALE will contact the Consignor for his/her approval prior to making the sale.
After 180 days (6 months) the consignor will be contacted with the option of further reducing the selling price of any consigned items by an additional 20% below the lowest selling price in which case and additional 90 days of free storage will be provided. There is also an option to begin paying monthly storage fees at a rate of $35 per item per month (see storage section for further details). After 270 days (9 months), any remaining items under contract will be reduced by an additional 20% of the most recent lowest selling price ( or storage fees may continued to be paid ). After 365 days MODERN RESALE will evaluate a best course of action with the consignor which may include further reducing selling prices, arranging for the item to be donated to a charity in the name of the consignor or helping the consignor to arrange pick up at the consignors expense.
If the consignor cannot be reached for any reason, the selling price of any or all consigned items may be discounted at a rate of 20% every 3 months and after 365 days may be disposed of or donated at the sole discretion of MODERN RESALE.
In the event that MODERN RESALE sells a consigned item, the Consignor shall be paid upon delivery and final approval of the Buyer. Payments to Consignors are sent within 15 to 30 days after the buyer has received and accepted the item as a final sale.
2. Selling Policy
MODERN RESALE requires exclusive selling rights to all items being stored by MODERN RESALE. Any item being stored at by MODERN RESALE is considered under contract. If Consignor or any outside party contracts to sell any of the items under contract, MODERN RESALE shall receive a 50% commission of the maximum-selling price listed on the MODERN RESALE selling prices page plus all applicable storage fees.
3. Description of Items for Sale
It is the Consignor’s responsibility to provide MODERN RESALE with an accurate depiction of all items for sale including brand, name and dimensions of each piece listed. In addition, MODERN RESALE will require descriptive photographs of merchandise to be sold.
4. Reliance on Information
MODERN RESALE may rely upon any notice, information, photograph or other document provided by, signed by or on behalf of the Consignor and shall have no duty to make any inquiry or investigation of the validity of the information contained therein.
5. Condition of Items for Sale
MODERN RESALE may require minor repairs or refinishing prior to listing on MODERN RESALE site for sale. However, we do require all upholstered items to have a light cleaning, and sometimes a deep cleaning depending on the condition, prior to listing on the MODERN RESALE web site for sale. If any such maintenance is required, the Consignor may have the service done prior to delivery to MODERN RESALE at Consignor’s expense. Alternatively, MODERN RESALE can recommend a cleaning or refinishing service and make all arrangements for the necessary services to be rendered at the Consignor’s expense. MODERN RESALE will not be held responsible for any perceived damage resulting from an attempt by a recommended service provider to improve the condition of the consigned items.
6. Storage of Consigned Items
In most cases, MODERN RESALE will choose to store contracted items. MODERN RESALE Storage is free for the first 180 days (6 months). After the first 180 days storage fees are $35.00 per item, per month, thereafter. MODERN RESALE shall determine what is considered to be a single item. For example 6 dining chairs will be considered one item. Storage fees will be deducted from the amount owed to the Consigner (after the item is sold). Any item that is being stored by MODERN RESALE is considered under contract until either party terminates the contract and the consigned items are picked up. Consigned items must be picked up within 5 business days of contract termination or be subject to a $25 a day fee for each additional day. MODERN RESALE may terminate storage agreements at any time for any reason. MODERN RESALE is not obligated to store consigned items beyond the contracted period, and cannot not be held responsible for consigned items that are abandoned by Consignor. If consigner (seller) wishes to terminate his or her agreement with MODERN RESALE, and remove stored items from the MODERN RESALE warehouse, the consigner will be billed for storage fees for all months that the item was stored at a rate of $35.00 per item, per month, per consigned item. Consigned furniture can be picked up after storage fees are paid in full and the account is settled.
The seller agrees to allow MODERN RESALE to rent, memo, or show (promotional events, design based selling platforms or blogs) any consigned items that are being stored by MODERN RESALE, for the purposes of exposure and potential sale of merchandise. In such cases, MODERN RESALE will be the responsible party should loss or damage occur during transit and display.
7. Damages and Defects
The Consignor MUST divulge all damages and or defects (visible and invisible) to MODERN RESALE and detail each instance of damage in the space provided on the Consignment Agreement. Supportive pictures must be provided to accompany all reports of visible damage or defect. MODERN RESALE SHALL NOT BE RESPONSIBLE FOR ANY UNDISCLOSED HIDDEN DAMAGES AND FAILURE TO DISCLOSE DAMAGES MAY BE CAUSE FOR TERMINATION OF THIS AGREEMENT. If a Buyer refuses a piece of furniture due to notable inaccuracies in the contracted condition report, the Buyer will be refunded and Consignor will be responsible for all return shipping charges.
8. Representations and Warranty by the Consignor
Consignor hereby warrants and represents that all information provided to MODERN RESALE is true, accurate and complete.
Listing of Items
MODERN RESALE reserves the right to display your listing(s) for items on other websites and/or social media platforms, including but not limited to Facebook, Twitter and Pinterest. You agree and acknowledge that MODERN RESALE may use, distribute, republish, reproduce, modify and publicly display the content of Your listing on MODERN RESALE’S website and on other platforms and websites, for the purpose of providing Services to You and promoting the sale of Your item(s).
9. Termination of Consignor’s Agreement
After an initial 60-day period, either MODERN RESALE or the Consignor may terminate this contract. Notification of termination must be received in writing prior to the contract termination date. If notification has not been received prior to the contract termination date, the Consignor’s contract will automatically renew on a monthly basis until either party terminates the contract in writing. All Items being stored at MODERN RESALE must be picked up within 5 business days of contract termination or be subject to a $25 a day fee for each additional day. All fees including cleaning, repair and storage must be paid in full prior to pick up.
If you purchase any items from MODERN RESALE’S retail location, pop up shops or website, you agree to the following:
MODERN RESALE accepts cash (in store only) and 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.
Transportation 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 (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.
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.
Return of Purchased Items
A Buyer has 24 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. 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 24 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 five days. After five days the purchased item(s) will be considered a final sale. If the item has not been picked up after five days, storage fees will apply at a rate of $25 per week per item. Stored items will be released only after all storage fees are paid.
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 guaranty 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 guaranty that all items featured on our website at any time are available for purchase at the time you visit the website.
TERMS APPLICABLE TO ALL PARTIES
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.
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.
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.
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.
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.
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.
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.
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.
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.
Headings contained herein are for reference purposes only and have no effect on the content herein.
- 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.