Terms and Conditions
By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site’s owner or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of this site’s owner and protected by U.S. and international copyright laws. All software used on this site is the property of this site’s owner or its software suppliers and protected by United States and international copyright laws.
Purchaser and Modern Bathroom agree that all prices are subject to change if the merchandise or product has not been delivered to or accepted by the purchaser within 60 days from the date of the order. Typographical errors on pricing are subject to correction prior to delivery to or acceptance by purchaser. In the event of a pricing or typographical error, Modern Bathroom reserves the right, at its sole discretion, to refuse or cancel any orders placed for that item(s), unless otherwise restricted by law in the event that merchandise or product is mispriced. Modern Bathroom will contact the purchaser in any such event to inform them of the situation and confirm whether the purchaser wants to cancel or accept the new price.
SALES AND PROMOTION POLICY
Sales and price promotions are not retroactive and may not be applied to prior purchases.
RIGHT TO CANCEL OR REFUSE ORDERS
Modern Bathroom reserves the right, at its sole discretion, to cancel or refuse any order at any time.
MANUFACTURER SPECIFICATIONS AND INSTRUCTIONS
Modern Bathroom is not responsible for manufacturer specifications, changes, production delays or any instructions by any manufacturer regarding the use of any merchandise or product. Any questions regarding the specifications or use should be directed to the particular manufacturer.
All products sold by Modern Bathroom are offered without any warranty except for passing on the warranties of the manufacturer of the product. Without limiting the generality of the foregoing, Modern Bathroom makes no warranty, either expressed or implied, as to the merchantability, fitness or suitability of any product sold. All merchandise and products are provided “As Is” without warranty of any kind, express or implied by Modern Bathroom. Modern Bathroom specifically disclaims any and all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness or suitability for a particular purpose, title and non-infringement.
In no event shall Modern Bathroom be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, any merchandise or products purchased from Modern Bathroom, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. Further, Modern Bathroom shall not be responsible for, and does not assume, any liability, additional costs or damages of any sort for any delay or inability to use any merchandise or products sold to the purchaser.
Natural stone backsplashes that are 55″ and larger are made in two pieces. In the unlikely event that a backsplash arrives damaged you will be given a full refund for the backsplash but it can not be replaced due to the likelihood of breakage.
To the extent that any merchandise or product is covered by a warranty issued by the manufacturer, Modern Bathroom has no responsibility, and assumes no responsibility, for the terms and conditions of the warranty. Any such warranty issues should be and must be directed to the particular manufacturer.
PRODUCT LIMITATION OF LIABILITY
Modern Bathroom shall not, under any circumstances, be liable for special or consequent damages, such as, but not limited to, (1) damage to or loss of other property or equipment, (2) loss of profits, revenue or reputation, (3) cost of replacement goods, (4) cost of storage, handling and/or care of damaged, defective or nonconforming goods or (5) claims of buyer’s customer or service interruptions. Modern Bathroom is not responsible for any additional parts or equipment required for the installation or use of any of its products or merchandise, such as plumbing supply requirements (elbow joints, valves, pipes, etc). Modern Bathroom is not responsible for the installation of any of its products or merchandise.
The liability of Modern Bathroom arising out of or related in any way to the sale, delivery, resale, installation or use of the goods sold by or furnished by Modern Bathroom, whether arising out of contract, negligence, strict tort, or any warranty or otherwise, shall not exceed the price of the specific goods upon which liability is to be based. Buyer’s remedies for any breech of this agreement by Modern Bathroom, or with respect to Modern Bathroom’s liability under this agreement shall be limited to either Modern Bathroom’s choice of any of the following: (1) the repair of the goods, (2) the replacement of the goods, (3) the return of the goods in question to Modern Bathroom and the return to the buyer of any consideration paid to Modern Bathroom for said goods.
ATTORNEY’S FEES & COSTS RECOVERABLE FOR NON-PAYMENT OF BALANCE DUE
If purchaser does not pay full balance when due, purchaser agrees to pay all expenses and attorney fees incurred by Modern Bathroom in connection with the collection of the full balance due and owing, whether or not suit is actually brought.
Modern Bathroom offers FREE shipping on all orders to the 48 contiguous United States. Orders shipped to Alaska or Hawaii will incur delivery charges based on the size and weight of the order – please email us at [email protected] with your zip code and choice of items so that we can provide you with an accurate shipping quote.
Orders may be shipped to Canada for an additional fee – please call us at 888-777-1198 for a quote. The associated Canadian customs fees (customs duty, brokerage fees, etc.) are the sole responsibility of the purchaser. Many of our Canadian customers prefer to use A&A Contract Customs Brokers LTD. Please call them for an import duties quote at (800) 663-4270. In the event that the purchaser does not pay these fees and they become billed back to Modern Bathroom, then Modern Bathroom is authorized to charge these fees to the purchaser’s credit card, or, if no card is available, to seek collection from the purchaser.
ESTIMATED DELIVERY TIMES
In-stock Modern Bathroom brand products typically ship within five (5) business days (Monday – Friday) and arrive within 5 – 10 days, depending on your location. No deliveries are made on Saturdays, Sundays or holidays.
Some 3rd party brand products (such as MTI, Cole & Co., Victoria & Albert and Fairmont Designs) are shipped directly from the manufacturer and require additional processing and delivery time. For details, refer to the delivery estimates on the product’s detail page.
Please note that all delivery times are estimates only and are subject to change without notice.
CUSTOM & SPECIAL ORDERS
Custom or Special orders are orders that are placed by a customer/purchaser for merchandise that must be special ordered from a manufacturer or supplier and cannot be returned to the manufacturer (including Modern Bathroom as the manufacturer in some cases). No custom orders of any kind can be returned. This includes CaesarStone or any other custom fabrication. Sometimes custom fabrications have already been cut by the next day, so in this case the customer is fully responsible for any costs of labor and/or materials already incurred at the time of cancellation.
Custom orders that are cancelled prior to shipment and after they have been cut and/or manufactured cannot be returned or refunded and are considered to be the property of the purchaser. If they are not picked up or scheduled for delivery within 60 days after manufacture, unless by special agreement with Modern Bathroom, they are considered to be forfeited or abandoned and no longer the property of the purchaser. Purchaser is required to pay the full purchase price of the special order product at the time of purchase. Special/Custom order purchases are 100% non-refundable after 3 days, and if Modern Bathroom incurs any costs within that 3 day period, the purchaser is fully responsible for them.
Deposits taken for purchases of any item(s) that require ordering are not refundable if the item(s) cannot be cancelled without penalty to Modern Bathroom. If the item has already been received or is ready for shipping from the supplier, any restocking charges assessed by the supplier or costs to manufacture that have already been incurred at the time of cancellation are the sole responsibility of the customer and will be deducted from the deposit prior to refunding the balance to the customer. If a deposit has been placed but the order has not been finalized due to the purchaser, after 60 calendar days the deposit is considered non-refundable.
If an order is cancelled prior to shipment, delivery or pick-up, payment will be refunded in full, minus any and all costs already incurred by Modern Bathroom at that time. Payment for cancellations will be made to the original purchaser and credit card purchases will be refunded to the original credit card used at the time of purchase. Cancellations received after shipping, delivery or pick-up are treated as a returns – see Returns section below for details.
All returns require a Return Merchandise Authorization (RMA) from our Customer Service Department. Please e-mail us at [email protected] to obtain an RMA. The reason for the return must be clearly stated in the e-mail. Before taking any action you must have received a response from Modern Bathroom, with an RMA number. All shipments sent to Modern Bathroom without an RMA number will be refused and the associated charges will be the sole responsibility of the sender. No returns will be accepted or any credit granted without an RMA.
All claims for non-damaged Modern Bathroom brand returns must be made within 30 calendar days of receipt of merchandise, and only apply to merchandise in perfect (as-shipped) condition and in the original, undamaged packaging. Non-damaged, non-Modern Bathroom brand item returns must be made within 10 calendar days of receipt of merchandise.
All returned items must be returned in “new” or “like new” condition, in undamaged original manufacturer’s packaging and crating materials when applicable and with all original product materials, manuals and instructions.
The following types of items may not be returned under any circumstance:
- Items that have been partially or completely installed and/or assembled
- Custom or special orders
- Discontinued items, unless the product is faulty
- Any products identified as “Floor Model” or “Off Price” or any other term indicating that the item is not first quality merchandise, whether the item(s) have been picked up or not
To provide any credit or replacement units we must first have a chance to receive and completely inspect your return. After the product is received, inspected and verified to be in “like new” condition, a full refund will be provided based on the product purchase price minus any original shipping charges and any return shipping charges and minus a 20% restocking/re-handling charge. Non-Modern Bathroom brand items are subject to a 25% restocking fee, as per the manufacturers’ policies. For products sold with “Free Shipping” the actual freight cost to originally ship the product to and from your ship-to address will be deducted from your refund. Shipping charges on returns due to no fault of the customer shall be the responsibility of Modern Bathroom.
If you refuse an item delivered by a commercial freight company for any reason other than externally visible damaged merchandise or a shipping error by us, the item shall be treated as a customer return and charges described above shall be applied. Any additional freight carrier charges shall be billed to you.
Items being returned must ALWAYS be sent via ground transportation, insured by the sender. The sender is responsible for arranging the shipping carrier and pick-up for delivery back to Modern Bathroom in North Hollywood, CA., unless the return is due to no fault of the sender (for example, damaged merchandise or wrong item received). Shipping charges for items that are sent back by any means other than ground transportation (cheapest available) will be the responsibility of the sender. This includes when the item is being returned at our expense – it must be sent cheapest method possible. Modern Bathroom will arrange the pick up and pay the freight and insurance for items returned due to manufacturer error, damages or any other reason that is not caused by the purchaser.
Payment for returns and/or refunds will be made to the original purchaser and credit card purchases will be refunded to the original credit card used at the time of purchase. All other purchase types will be refunded by check. Purchases made by check will be refunded up to 14 days after inspection of returned items or after the cancellation date.
RECEIVING YOUR ORDER
We use either DHL, FedEx or common freight carrier for our deliveries. We offer only curbside delivery unless specifically requested by the customer. Unless specifically requested, no truck lift-gate service is ordered for delivery.
In some cases (larger orders) your shipment may consist of a number of individual boxes placed on a single pallet. The pallet may need to be separated to be unloaded. Please note that you may need to have at least one other person to help the driver with unloading. If you do require additional unloading help or lift-gate services from the carrier, you may contact the freight carrier directly to request such service, however any additional charges for custom unloading are to be your responsibility.
When receiving your order, you are responsible for the following:
- Count all pieces of your freight. Ensure that all pieces are accounted for BEFORE you sign for them (for example, if you have signed for 5 pieces, but only received 4 pieces it will be assumed by Modern Bathroom and the freight carrier that you have actually received 5 pieces).
- Check shipment for any visible damage to containers. If the boxes are dented, crushed, scratched, punctured, or cut it is very important to mark this on the bill of lading. If there is a possibility of damage it may be necessary to open the box and mark the actual damage on the bill of lading. It is important to be specific. See Refusing a Freight Shipment for more details.
- Check the contents (inside) of all boxes before the driver leaves to ensure that the contents do not have concealed damage. Due to the nature of the products we sell, boxes that have been dropped may not show obvious signs of external damage. This is very unusual, but could happen. The driver may refuse to allow you the time to open specific boxes – if this is the case, open the boxes as soon as possible, but not later than 5 business days after the delivery, to inspect for damage. If we need to replace a damaged item it is in your best interest to contact us immediately, so we don’t sell out of this item during the time you waited to report the issue. If the item is no longer available, customer service will assist you to make alternative arrangements, or arrange a refund.
Purchaser agrees to indemnify Modern Bathroom in full for any damages or liability that it incurs related to the delivery of merchandise or product that is caused by any negligence or omission on the part of the purchaser.
DAMAGES & REFUSING A FREIGHT SHIPMENT
If the shipment is damaged and unusable, it may be necessary to refuse part or all of the order. Call our shipping department at 888-777-1198 before refusing any shipment. Modern Bathroom will assist in filing a freight claim for damaged freight if the carrier is our normal in-house carrier. If the carrier was chosen by the consignee then it will be the responsibility of the consignee to file such a claim. Should a shipment arrive with damages caused by the carrier, the carrier will return the merchandise “Dead Head” at no cost to either party.
Any external evidence of loss or damage that occurred during transit is considered visible loss or damage and must be noted on the bill of lading and signed by the carrier’s agent (driver). Failure to adequately describe the visible loss or damage could result in the carrier delaying or refusing to honor the freight claim.
Any damage that occurred during transit that was not visible at the time of delivery is considered concealed loss or damage. Due to rough handling in transit it is possible to damage the contents of a container without damaging the container itself. If such a situation occurs it is important to contact Modern Bathroom immediately for instructions on how to handle the claim. Please do not file a claim with the freight company yourself – if they deny your claim we have no recourse with them and thus cannot replace anything that is damaged. If a claim is to be filed it is important to save the container that the damaged merchandise arrived in. At least two clear pictures are to be mailed or e-mailed to customer service immediately at [email protected] . You must open all received boxes and inspect products for concealed damage within 7 calendar days (5 business days) of delivery and Modern Bathroom must be notified at that time. After this time frame claims may not be honored.
Modern Bathroom reserves the right to replace any damaged merchandise within 14 calendar days of notification by the customer. If a replacement item is available for shipping within that time period then a refund cannot be issued. If no replacement is available, the damaged item(s) will be refunded in full if the damage was the fault of Modern Bathroom.
FREIGHT CARRIER FEES
Modern Bathroom is only responsible (under the “Free Shipping” policy) for curbside delivery. Modern Bathroom will pay the basic delivery charges to the curb, and the residential delivery charge (assessed by all carriers) only. If other services, such as in-home delivery services are requested by the customer and billed to Modern Bathroom, all such fees shall then be re-billed to your credit card.
If the freight carrier is unable to deliver the freight due to problems with contacting you or setting up delivery appointments, storage fees may be assessed by the carrier – in such case all storage fees are the responsibility of the customer and shall be billed to your credit card. Any additional freight carrier’s fees such as re-delivery, special notification, storage due to lack of response to appointment requests, returns due to lack of response and lift-gate services, are the responsibility of the customer (unless otherwise noted on your order). The customer is also responsible for additional charges caused by a change of address without notification in the required amount of time (7 days prior to delivery)
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE’S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE’S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE’S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.