Terms

These Terms of Service ("Terms") govern your access to and use of modernica.pro (the "Site") and any purchase you make through the Site, operated by Modernica Inc. ("Modernica," "we," "us," or "our"). By accessing or using the Site, or by placing an order through the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

ELIGIBILITY

You must be at least 18 years old, or the age of majority in your jurisdiction, to place an order through the Site. By placing an order, you represent that you meet this requirement.

ACCOUNTS

If you create an account on the Site, you are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate and complete information when creating an account and to keep that information up to date. We reserve the right to suspend or terminate accounts that we reasonably believe have been used in violation of these Terms.

PRODUCTS, PRICING, AND AVAILABILITY

We attempt to display product information, including pricing, materials, dimensions, and availability, as accurately as possible. However, we do not warrant that product descriptions, pricing, or other content on the Site is accurate, complete, current, or error-free. In the event of a pricing or product description error, we reserve the right to cancel or refuse any order arising from that error, whether or not the order has been confirmed.

Color and finish variations are natural in wood and other materials and may differ from images shown on the Site. Such variations are not considered defects.

We reserve the right to modify, discontinue, or limit the availability of any product at any time without notice.

ORDERS

Placing an order through the Site constitutes an offer to purchase the selected products. All orders are subject to acceptance and availability. Order processing, shipping estimates, and related timelines are described in our Shipping and Orders policies, which are incorporated into these Terms by reference.

We reserve the right to refuse or cancel any order for any reason, including suspected fraud, unauthorized or illegal activity, errors in pricing or product information, or unavailability of inventory. If we cancel an order after payment has been collected, we will issue a refund for the canceled portion.

Sale and promotional pricing is available only as described in our Orders policy and applies only to orders placed online during the specified promotional period. We do not honor expired coupon or promotional codes, and we cannot extend sale pricing before or after a sale window has opened or closed.

PAYMENT

You agree to provide current, complete, and accurate payment information for any purchase made through the Site. You authorize us, or our designated payment processor, to charge your selected payment method for the total amount of your order, including applicable taxes and shipping charges. Shipping rates may fluctuate and are subject to change as described in our Orders policy.

SHIPPING, RETURNS, EXCHANGES, AND WARRANTY

Shipping methods, timelines, and international shipping limitations are described in our Shipping policy. Return and exchange eligibility, timelines, and conditions are described in our Returns & Exchanges policy. Product warranty coverage and limitations are described in our Warranty policy. These policies are incorporated into these Terms by reference and form part of your agreement with us when you place an order.

Custom orders and Lief® mattress purchases are non-refundable and not available for cancellation, as described in our Returns & Exchanges policy.

INTELLECTUAL PROPERTY

All content on the Site, including but not limited to text, graphics, logos, product images, and design, is the property of Modernica Inc. or our licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written consent, except as necessary to use the Site for its intended purpose of browsing and purchasing products.

"Modernica" and our other trademarks, logos, and product names are the property of Modernica Inc. Nothing in these Terms grants you any right to use our trademarks without our prior written permission.

PROHIBITED USES

You agree not to use the Site to: violate any applicable law or regulation; infringe the intellectual property or other rights of any party; transmit any harmful code or attempt to interfere with the proper functioning of the Site; collect or harvest information about other users without their consent; or use the Site for any fraudulent or unauthorized commercial purpose.

THIRD-PARTY LINKS

The Site may contain links to third-party websites that are not owned or controlled by Modernica. We are not responsible for the content, privacy practices, or terms of any third-party website. Your use of any third-party website is at your own risk and subject to that website's own terms and policies.

DISCLAIMER OF WARRANTIES

THE SITE AND ALL PRODUCTS, CONTENT, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY SET FORTH IN OUR WARRANTY POLICY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, MODERNICA AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY PRODUCT PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold harmless Modernica Inc. and its officers, employees, and agents from any claims, damages, losses, or expenses, including reasonable attorneys' fees, arising out of your violation of these Terms or your misuse of the Site.

CHANGES TO THESE TERMS

We may update these Terms from time to time. The updated Terms will be posted on this page with a revised effective date. Your continued use of the Site after any changes take effect constitutes your acceptance of the revised Terms.

GOVERNING LAW

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. You agree that any dispute arising out of or related to these Terms or your use of the Site will be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of such courts.

SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Modernica Inc.
2901 Saco Street
Vernon, CA 90058
customerservice@modernica.pro