Terms and Conditions Home > Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Terms and Conditions of Sale

Payment: MODIA | Home Theater Store will release, deliver and/or install any product(s) listed on this receipt upon payment in full. All special orders require payment in full prior to ordering. All products are deemed releasable upon payment in full.
For purchases at MODIA Retail Showrooms, additional amounts not stated on your invoice arising from changes in scope of work related to custom installation are due in full at time of request. Delinquent payments may cause installation work to cease and may result in a lien being filed against property in favor of MODIA | Home Theater Store. If said lien need be perfected additional charges may incur.

Storage: MODIA | Home Theater Store may not be able to store purchased items for more than five (5) days from the original date of purchase.

Dispute Resolution: Purchaser and MODIA | Home Theater Store agree to mediate any controversy or claim arising out of or relating
to this invoice(s), or breach thereof, or Purchaser’s purchase of goods and/or services from MODIA | Home Theater Store. The mediator shall be selected by Purchaser and MODIA | Home Theater Store. If Purchaser and MODIA | Home Theater Store cannot agree on a mediator, or if the mediation does not result in a resolution, Purchaser and MODIA | Home Theater Store agree that any controversy or claim arising out of or relating to this invoice(s) or the breach thereof, shall be subject to binding arbitration in Houston, Texas, in accordance with the Commercial Arbitration Rules of the (AAA) American Arbitration Association, and judgment on the award may be entered in any court having jurisdiction thereof.

Warranties: Manufacturer’s warranty covers manufacturer defects only. Manufacturers do not warrant product dimensions, naturally
occurring cosmetic imperfections, abuse, misuse, acts of God, accidents and/or normal wear. MODIA | Home Theater Store will not allow returns, exchanges and/or assume liability to pay for any damages due to uneven aging of raster and/or phosphors of any Television sets. All warranties, including extended warranties, are issued from manufacturers or extended warranty providers. MODIA | Home Theater Store hereby disclaims all warranties expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. MODIA | Home Theater Store disclaims any and all warranties, liability and/or compatibility specific to the installation of components provided by clients. MODIA | Home Theater Store neither assumes, nor authorizes any other person to assume for it, any liability in connection with the sale of its products. MODIA | Home Theater Store is not responsible for “loss of use” of any product for any reason. Additionally, any furniture mechanism, including but not limited to recliner mechanisms and sleeper mechanisms, are subject to manufacturer’s warranty. All furniture warranties, including but not limited to leather and stone warranties, apply under conditions of normal usage and does not apply to damage resulting from misuse, accidents, negligence or normal wear. This disclaimer by the seller, MODIA | Home Theater Store, in no way affects the terms of any manufacturer’s warranty.

Cosmetics: The dimensions and/or cosmetic appearance of the product may vary from those depicted in provided literature or specification sheets. MODIA | Home Theater Store will not assume any liability for verbal, typographical or printed errors in dimensions
and/or specifications provided by either Manufacturer or Home Theater Store. Naturally occurring or cosmetic imperfections during the manufacturing process are inherent in some product(s); organic materials (marble, granite, wood, leather, etc.) with naturally occurring imperfections may have slight variations (color, grain, stain, etc.) from samples. MODIA | Home Theater Store will not refund or exchange merchandise for naturally occurring imperfections, however, a one-time minor touchup service will be provided on furniture products that are made from wood.

Tax: Sales tax is not separately calculated and collected in connection with items ordered from MODIA | Home Theater Store unless
explicitly indicated as such in the ordering process. Items ordered from MODIA | Home Theater Store may be subject to sales tax in state of Texas. If an item is subject to sales tax, in accordance with state tax laws, the tax is generally calculated on the total selling price of each individual item, including shipping and handling charges, gift-wrap charges and other service charges, less any applicable discounts. Installation labor and project management are tax exempt in the State of Texas.


Privacy Policy

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of MODIA | Home Theater Store. The collective work includes works that are licensed to MODIA | Home Theater Store. Copyright 2003, MODIA | Home Theater Store ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with MODIA | Home Theater Store or purchasing MODIA | Home Theater Store products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with MODIA | Home Theater Store or to purchase MODIA | Home Theater Store products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by MODIA | Home Theater Store. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of MODIA | Home Theater Store used in the site are trademarks or registered trademarks of MODIA | Home Theater Store

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, MODIA | Home Theater Store disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. MODIA | Home Theater Store does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. MODIA | Home Theater Store does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
MODIA | Home Theater Store shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if MODIA | Home Theater Store has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a MODIA | Home Theater Store product is mistakenly listed at an incorrect price, MODIA | Home Theater Store reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. MODIA | Home Theater Store reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MODIA | Home Theater Store shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by MODIA | Home Theater Store without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
MODIA | Home Theater Store may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to MODIA | Home Theater Store.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of MODIA | Home Theater Store products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of MODIA | Home Theater Store products) must be commenced within one (1) year after the claim or cause of action arises. MODIA | Home Theater Store's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. MODIA | Home Theater Store may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a MODIA | Home Theater Store or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
MODIA | Home Theater Store does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, MODIA | Home Theater Store is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, MODIA | Home Theater Store reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to MODIA | Home Theater Store in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless MODIA | Home Theater Store, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, MODIA | Home Theater Store may link to sites operated by third parties. However, even if the third party is affiliated with MODIA | Home Theater Store, MODIA | Home Theater Store has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MODIA | Home Theater Store. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, MODIA | Home Theater Store seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).