Your use of this website is governed by these tems and conditions and constitutes your agreement to follow these rules and to be bound by them. please take a few minutes to review them. if you do not agree with any of these terms and conditions, do not use the ModernRugs.com website.
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We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
ModernRugs.com makes every attempt to assure that the data shown on the website is current and valid. ModernRugs.com provides this information on an "as-is" basis without warranties of any kind either expressed or implied including the fitness for a particular purpose, infringement to copyrights or trademarks and violations of established product distribution territories. ModernRugs.com can not be held responsible for product data changes, discontinuations, or typographical errors.
We welcome your comments regarding the ModernRugs.com website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "comments") sent to ModernRugs.com shall be and remain the exclusive property of ModernRugs.com. Your submission of any such comments shall constitute an assignment to ModernRugs.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the comments. ModernRugs.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. We are trying to keep things simple for you.
ModernRugs.com makes every attempt to assure that the data shown on the website is current and valid. This site and all contents of this site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability, fitness for a particular purpose, infringement to copyrights or trademarks or violations of established product distribution territories. You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that ModernRugs.com shall not be liable for any damages of any kind related to your use of this site. ModernRugs.com can not be held responsible for product data changes, discontinuations, or typographical errors.
You agree to defend, indemnify and hold ModernRugs.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.
At ModernRugs.com, we value your business and your trust. We adhere to the following policies in order to meet your needs for privacy and security when shopping with us.
ModernRugs.com reserves the right to update or modify these purchasing policies at any time without prior notice. Your use of the ModernRugs.com website following any such change constitutes your agreement to follow and be bound by the purchasing policies as changed. For this reason, we encourage you to review these purchasing policies whenever you use this website.
ModernRugs.com is, unless otherwise stated, the owner or licensee of all rights in this website and its name, contents, software, databases and services. The materials contained in this website are protected by the copyright and trademark laws and other laws of the United States. No user of this website has any right, title, or interest in such contents, software, databases or services not previously expressly granted in writing to such user by ModernRugs.com. The name ModernRugs.com is a trademark of Zecharya International, Inc., and cannot be used or modified for any purpose without the express permission of the parent company.
Imported orders are a process that requires many stages of approval before proceeding. Once an order has been placed, no changes may be made. We will not accept returns, exchanges or refunds of custom made items. All our rugs are made by hand. This implies that the human touch makes each item a unique piece as a result of being hand crafted. Therefore, slight variations are not considered defect and have been proven not to affect the quality or life of your rug.
All custom items are shipped via International Air Freight, unless otherwise noted. Typical transit times are between 7-10 days. Other forms of transit may be available; contact your representative for alternative services. ModernRugs.com is will not be held liable for losses or expenses incurred due to missed date of delivery. The Buyer bears the entire risk of late delivery due to delays. If the customer opts to procure their own means of shipping, they voluntarily relinquish ModernRugs.com from any loss or damage that may occur during transit.
ModernRugs.com will charge storage fees in the amount of $.50/sf per week for items that are undeliverable, due to non- payment or missed delivery.
Custom orders are 100% prepaid, unless otherwise directed. Payment must include shipping charges. On orders over $10,000, we accept payment via company check or wire transfer. We will not accept returns, exchanges or refunds.
Lead times will vary according to item specifications/quantity and do not include transit time. ModernRugs.com will do its best to meet projected lead times, although factors outside of our control make it impossible for us to guarantee any specific due date for these handmade items. Expedited lead times may be available (additional charges may apply) consult your representative.
Each item undergoes a series of quality control inspections before departing from the weaving facility. It is the customer's responsibility to inspect items upon arrival for concealed shipping damage and to make claims to the delivery carrier immediately. Should a claim based on manufacturer defect arise, the customer must contact us immediately and sufficiently photograph the condition of the rug before making any alterations. Claims will not be considered for pile crush, watermarking, soiling, stains, shedding or matting. Color variation from one dye lot to another is normal and is not considered a manufacturing defect or a basis for a claim.
Custom orders are 100% prepaid, unless otherwise directed. Payment must include shipping charges. On orders over $10,000, we accept payment via company check or wire transfer. We will not accept returns, exchanges or refunds.
The manufacturer warrants for a period of two years from the date of invoice that the performance of the area rug products will not be adversely affected by defects in the materials or workmanship used in manufacture.
If an area rug fails to meet this warranty, the manufacturer will correct the affected areas either by repair or (at its option) replacement with comparable product(s) at no charge. If the manufacturer determines that repair or replacement is not reasonably feasible, the manufacturer will refund that portion of the product purchase price allocable to the affected areas. This is the exclusive remedy for claims related to the area rug products. The manufacturer's liability is limited to repair, replacement, or refund as stated herein and, for example, does not include costs associated with moving furniture, partitions, fixtures, or equipment as necessary to allow repair or replacement.
This warranty does not cover tears, burns, cuts, pulls or other damage, deterioration, problems or loss caused by abuse, misuse, neglect, improper maintenance, flood/excessive moisture, stairs and associated landings, or use of footgear with cleats, spikes, skates, blades or similar projections. It does not cover products placed in use on stairs, ramps, or any area regularly subjected to wheel or rolling apparatus. It is only applicable to products placed in use indoors, in space maintained at normal temperature and humidity. Roll marks are caused by rolling the rug for shipment, but will normally disappear with routine vacuuming. Rolling the rug for shipping can cause seam peaking. Carefully rolling your rug in the opposite direction will minimize this problem, and it should disappear after a few weeks.
Pooling, shading, watermarking, pile reversal, pile crush, dye lot differences, and soiling are not manufacturing defects and are not covered by this warranty. Problems arising from use of non-approved adhesives and cleaners will void warranty coverage. Coverage under this warranty is conditioned upon buyer promptly notifying ModernRugs.com in writing within 30 days of the defect discovery at the following address: ModernRugs.com Quality Claims Department, 1404 North 3rd Street, Harrisburg, PA 17102.
THE WARRANTY, REMEDY, AND LIMITS OF LIABILITY CONTAINED HEREIN ARE EXPRESSLY IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, REMEDIES, AND LIABILITIES, WHETHER EXPRESS OR IMPLIED. THE MANUFACTURER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES THAT MAY ARISE BY OPERATION OF LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF ITS PRODUCTS FOR ANY PARTICULAR PURPOSES. THE MANUFACTURER WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN ANY CASE.
1. Purchasing Terms
1.1 These Terms of Sale apply to all goods supplied by MODERNRUGS.COM Inc. and its affiliates (MODERNRUGS.COM).
1.2 No contract exists between you (sometimes also referred to as the "buyer") and MODERNRUGS.COM for the sale of any goods until MODERNRUGS.COM has received and accepted your order. Once MODERNRUGS.COM has received and accepted your order there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Sale.
1.4 The order placed by you cannot be countermanded or changed without the written consent of MODERNRUGS.COM.
1.5 MODERNRUGS.COM may change these Terms of Sale without notice to you in relation to future sales.
1.6 On acceptance these Terms of Sale as amended from time to time will remain in force for any future purchases made by you.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on MODERNRUGS.COM's website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, MODERNRUGS.COM will inform you as soon as reasonably practicable.
2.3 Every effort is made to ensure that prices shown on MODERNRUGS.COMs website are accurate at the time you place your order. If an error is found, MODERNRUGS.COM will inform you as soon as reasonably practicable and offer you the option of reconfirming your order at the correct price, or cancelling your order. If MODERNRUGS.COM does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically.
2.4 Shipping and handling charges and applicable taxes, if any, are additional unless otherwise specified in the proposal or quotation.
3. Payment
3.1 The buyer shall pay MODERNRUGS.COM the price(s) stated in the proposal or quotation.
3.2 All international orders are payable in US funds. Payment can be made by International Money Order, drawn on a US bank, in US funds, or wire transfer. Both are subject to fund availability. A copy of your wire transfer must accompany the order. Please mail to MODERNRUGS.COM. info@MODERNRUGS.COM.com for more information.
3.3 The acceptance of international credit cards is at MODERNRUGS.COM's discretion.
3.4 MODERNRUGS.COM will take stringent steps to authenticate the identity of foreign buyers, in keeping with standard fraud-prevention techniques. This may, on occasion, delay processing of your order.
3.5 If credit is granted for invoice payments against a 30-day quotation, payment terms are normally net thirty (30) days from date of invoice, subject to approval of the buyer's credit. Payment terms will be confirmed to the buyer on acceptance of the order.
3.6 A service charge of one and one half (1.5%) percent per month or the maximum rate allowed by law, whichever is less, will be made on past due accounts.
3.7 If the buyer fails to pay any invoice when due, or if MODERNRUGS.COM believes in good faith that the buyer's ability to make payments may be impaired, MODERNRUGS.COM may suspend delivery of any order or remaining installment of an order until such payment is made, or may cancel the remaining installments of the order. The buyer will remain liable to pay for any Products or Services already shipped or delivered.
3.8 The buyer agrees to submit such financial information from time to time as may be reasonably requested by MODERNRUGS.COM for the establishment and/or continuation of credit terms.
3.9 The buyer agrees to pay any and all legal fees and other reasonable costs associated with payment collection.
3.10 If for any reason MODERNRUGS.COM feels insecure as to performance by the buyer, MODERNRUGS.COM reserves the right to require full or partial payment for goods ordered at any time prior to the manufacture or shipment of such goods or the processing of the buyers order and the buyer agrees to make such payment when and as requested by MODERNRUGS.COM and if such payment is not made, MODERNRUGS.COM at its option, may determine not to manufacture or ship such goods.
4. Delivery
4.1 The goods ordered will be delivered to the address given by the buyer when the order was placed.
4.2 If delivery cannot be made to the address specified for reasons under MODERNRUGS.COM's control, MODERNRUGS.COM will inform the buyer as soon as reasonably practicable.
4.3 If the buyer deliberately fails to take delivery of the goods (otherwise than by reason of circumstances under the control of MODERNRUGS.COM) then without prejudice to any other rights or remedies available to MODERNRUGS.COM, MODERNRUGS.COM may:
4.3.1 Store the goods until actual delivery and charge for reasonable costs (including insurance) of storage; or
4.3.2 Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to the buyer for any excess over the price originally agreed for the goods or charge the buyer for any shortfall below the price agreed for the goods.
4.4 Every reasonable effort will be made to deliver the goods as soon as reasonably practicable after the order has been accepted. However, MODERNRUGS.COM will not be liable for any loss or damage suffered by the buyer through reasonable or unavoidable delay in delivery. In this case, MODERNRUGS.COM will inform the buyer of such delays as soon as reasonably practicable.
4.5 Time for delivery shall not be of the essence. The goods may be delivered by MODERNRUGS.COM in advance of the quoted delivery date.
4.6 Upon receipt of the order the buyer may be asked to sign for the goods received in good condition. If it is not possible to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that are subsequently made.
4.7 Unless otherwise specified, MODERNRUGS.COM reserves the right to make delivery in installments. Unless otherwise expressly stipulated herein, all such installments shall be separately invoiced and paid when due, without regard to subsequent deliveries. Delay in delivery of any installment will not relieve the buyer of its obligation to accept remaining deliveries.
4.8 The buyer directs that all shipments shall be made f.o.b. at either MODERNRUGS.COM's warehouse or the port of entry of the goods specified on the order acknowledgement, at MODERNRUGS.COM's option. The buyer agrees to pay all freight, insurance, demurrage and other charges incident to transportation, hereby acknowledging that the carrier selected by MODERNRUGS.COM shall be the agent of the buyer. The buyer hereby constitutes and authorizes such carrier to act as the agent of the buyer to accept possession of such goods on behalf of the buyer and delivery of title and possession is made upon delivery by MODERNRUGS.COM to said carrier. MODERNRUGS.COM may select the carrier, but the responsibility of MODERNRUGS.COM with reference to the safety, condition and transit of the goods ceases and the risk of loss passes to the buyer upon receipt of the goods by the carrier.
4.9 ModernRugs.com will charge storage fees in the amount of $0.50/sf per week for items that are undeliverable, due to non-payment or missed delivery.
5. Risk/Title
5.1 The goods are at the buyer's risk from the time of delivery to the buyer's premises or carrier, whichever is earlier.
5.2 Ownership of the goods shall not pass to the buyer until MODERNRUGS.COM has received in full (in cash or cleared funds) all sums due to it in respect of the goods.
5.3 MODERNRUGS.COM shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from MODERNRUGS.COM.
5.4 Until ownership of the goods has passed to the buyer, the buyer must:
5.4.1 Store the goods (at no cost to MODERNRUGS.COM) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as MODERNRUGS.COM's property;
5.4.2 Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on MODERNRUGS.COM's behalf for their full price against all risks to the reasonable satisfaction of MODERNRUGS.COM.
5.4.3 On request the buyer shall produce the policy of insurance to MODERNRUGS.COM.
5.4.4 In the event of a claim the buyer shall hold the proceeds of the insurance in trust for MODERNRUGS.COM and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
5.5 The buyer's right to possession of the goods shall terminate immediately if:
5.5.1 A bankruptcy order is made against the buyer or the buyer makes an arrangement or composition with its creditors, or otherwise takes benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed for its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the buyer's winding up or for the granting of an administration order in respect of the buyer, or any proceedings are commenced relating to the buyer's insolvency or possible insolvency; or
5.5.2 The buyer allows any execution, whether legal or equitable, to be levied on its property or obtained against it or the buyer is unable to pay its debts as they fall due or the buyer ceases to trade; or
5.5.3 The buyer encumbers or in any way charges any of the goods.
6. Consignment
If the buyer's order relates to a consignment, references to the buyer herein shall be deemed to refer to the consignee. The consignee agrees that:
6.1 It will return the consigned goods to MODERNRUGS.COM at the consignee's sole cost and risk by the date specified and in the manner specified by MODERNRUGS.COM.
6.2 That it will insure the consigned goods in the same manner as its own goods.
6.3 That it will be responsible for any loss or damage of any kind or nature to such goods until they are returned to MODERNRUGS.COM in the same condition as when shipped by MODERNRUGS.COM.
6.4 It will not grant, or permit the existence of, a lien claim or encumbrance of any kind or nature on the consigned goods, and will not represent to any party that it is the owner of such goods.
6.5 At MODERNRUGS.COM's request the consignee will sign a UCC-1 Financing Statements evidencing the consignment.
6.6 Consignee will pay freight charges on goods delivered on consignment or returned from consignment.
7. Warranty
7.1 MODERNRUGS.COM makes no express warranties. There are no implied warranties which extend beyond the description on the order acceptance and there is no implied warranty of merchantability or that the goods are fit for any purpose, except that the goods covered by the order, shall be of MODERNRUGS.COM's standard quality.
7.2 If the goods supplied are damaged on delivery, MODERNRUGS.COM should be notified in writing within 7 days at TRADE@MODERNRUGS.COM . Failure to do so may affect any warranty claims that are otherwise applicable to such goods.
8. Limitation of liability
8.1 MODERNRUGS.COM shall not be liable for any buyer's losses or damages caused by reason of the negligent acts or omissions of MODERNRUGS.COM. MODERNRUGS.COM's liability for any losses or damages shall be limited solely to an amount not exceeding the price paid for the goods.
8.2 In no event shall MODERNRUGS.COM be liable to the buyer for any special, indirect, consequential, punitive or additional damages including lost profits.
8.3 In no event shall MODERNRUGS.COM be liable to the buyer for any special, indirect, consequential, punitive or additional damages or fees that may be incurred in the process of fulfillment, installation, delivery, or warranty-related product replacement.
8.4 If the buyer has any claim with respect to the non-conformity of goods to the contract, late delivery, underage or overage or quality, or with respect to any other act or omission of MODERNRUGS.COM arising out of or relating to an order, or any resulting contract, MODERNRUGS.COM shall not be liable unless the buyer makes a claim in writing to MODERNRUGS.COM within thirty days (30) of the occurrence of the loss or damage complained of either at TRADE@MODERNRUGS.COM or to MODERNRUGS.COM's postal address.
8.5 The manufacturer's liability is limited to repair, replacement or refund (manufacturer's discretion) and does not include costs associated with installation, moving furniture, partitions, fixtures, or equipment as necessary to allow repair or replacement.
9. Data protection
9.1 MODERNRUGS.COM will take all reasonable precautions to keep the details of any order and payment secure but unless MODERNRUGS.COM is negligent, MODERNRUGS.COM will not be liable for unauthorized access to information supplied by the buyer.
10. Force majeure
10.1 MODERNRUGS.COM shall be excused from any failure on its part to comply with the terms of any order arising from any causes beyond its control including, but not limited to, failure to receive finished product, strikes, fires, floods, acts of god or public enemies, carrier delays, or acts, orders, regulations or decrees of governmental authorities. In the event of shortage of supplies, MODERNRUGS.COM may allocate available supplies among its customers as it deems reasonable.
11. Export controls
11.1 The sale, resale or other disposition of products or documentation are subject to the export control laws, regulations and orders of the United States and may be subject to the export and/or import control laws and regulations of other countries. The buyer agrees to comply with all such laws, regulations and orders and acknowledges that it shall not directly or indirectly export any Products to any country to which such export or transmission is restricted or prohibited. Buyer acknowledges its responsibility to obtain any license to export, re-export or import as may be required.
