Terms & Conditions
Please read these Terms and Conditions carefully before using this website.
By ticking the ‘I accept’ box the BUYER agrees to be legally bound by these Terms and Conditions.
Buying from modernshelving.com and Infinite Storage Solutions, Inc.
Infinite Storage Solutions, Inc. is refered to as Modern Shelving below.
Buying from Modern Shelving
When the BUYER places an order on the website by selecting a product or service and following the instructions the BUYER is entering into a contract with Infinite Storage Solutions, Inc. The BUYER will have an opportunity to check and correct any input errors in the BUYERS order up until the BUYER click on the ‘Place order’ button. After the BUYER has submitted an order the BUYER will receive a payment receipt as an email from Modern Shelving. (Please note that this is an acknowledgement and not an acceptance of the BUYERS order).
Acceptance of an order and the creation of a legally binding contract between Modern Shelving will only occur when we send the BUYER a second email which contains details of how the BUYERS products will be delivered. This shall be referred to as the confirmation email. The processing and expected ship date will be included in this email. If custom components are part of the BUYERS order, shipping dates may be extended. The BUYER will be notified at the time of order confirmation if this applies to the BUYERS order.
Modern Shelving reserves the right to decline all or part of any order for any reason. Should this occur, Modern Shelving will contact the BUYER with the details. It is recommended that the BUYER retain all emails relating to their order and contract. The details of the BUYERS contract are kept on file by Modern Shelving. Should the BUYER need any information regarding the BUYERS contract the BUYER may contact us.
The total price the BUYER pays for an order is displayed on the web site. The shipping charges are calculated as part of the checkout process and based on the value of the BUYERS order. Modern Shelving reserves the right to review final shipping charges and adjust as necessary at the time of order confirmation. Modern Shelving takes payment at the time the BUYER has entered its payment details and clicked on the “place order” button, subject to card authorization.
Hardware - Any standard Modern Shelving hardware that has not been used and is in its original primary packaging, may be returned within 2 weeks of receipt. A return authorization is required and returns are subject to a 15% restocking fee. Modern Shelving will not be able to accept hardware that has been used. Shipping charges are non-refundable and return shipping is the BUYERS responsibility. Shelves & Cabinets - All shelves and cabinets are made to order and therefore not returnable.
Infinite Storage Solutions, Inc. warrants all Modern Shelving products against defects in material or workmanship for a period of one year after purchase. This warranty is limited to the repair and/or replacement of product only. All warranty claims must be submitted to Modern Shelving in writing. Shelf deflection is not a defect in wood shelves. See this link to the Fine Woodworking article with more information and ask about Modern Shelving Aluminum shelves made in the BUYERS choice of color. Modern Shelving can not be responsible for any wood shelf deflection.
Delivery Method and Timing
All Modern Shelving hardware is shipped via FEDEX Ground. The shelves and cabinets are shipped separately from the hardware via FEDEX Ground or via Freight depending on the total size of the order. All clear satin anodized hardware orders ship within 7-10 business days. Other hardware colors may take from 2-4 weeks to ship. Shelves and cabinets take from 2-4 weeks to ship.
Modern Shelving has created this privacy statement in order to demonstrate our organization commitment to Modern Shelving visitors' privacy. The following discloses Modern Shelving' information gathering and dissemination practices for the Modern Shelving Store website.
Modern Shelving does not sell any individually identifiable visitor information to any third party. Modern Shelving does record or use the BUYERS IP address and other automatically retrieved information (such as the browser used) to help administer Modern Shelving' website. Such information does not identify the BUYER other than as a faceless and nameless visitor to Modern Shelving' site. Modern Shelving does not share individual pieces of such information with any third party except in response to subpoenas, court orders or legal process, or if Modern Shelving finds that the BUYERS actions on Modern Shelving web site violate any laws or commonly acceptable website use practices.
All Transactions are in US Dollars.
All prices are clearly stated for each product being sold on the website.
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 Infinite Storage Solutions, Inc.. The collective work includes works that are licensed to Infinite Storage Solutions, Inc.. Copyright 2010, Infinite Storage Solutions, Inc. 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 Infinite Storage Solutions, Inc. or purchasing Infinite Storage Solutions, Inc. products. The BUYER 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 the BUYERS non-commercial use, or to place an order with Infinite Storage Solutions, Inc. or to purchase Infinite Storage Solutions, Inc. 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 Infinite Storage Solutions, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Modern Shelving Protected Trademark, Service Mark, Trade Name, Trade Secret
Buyer acknowledges that this website, and the products sold by Seller are subject to protected trade mark, service mark, trade secret and trade name ("Seller's Proprietary Information"). At no time may Buyer use or maintain a copy (in any form whatsoever, hard copy of electronic) of Seller's Proprietary Information. Such use or maintenance of Seller's Proprietary Information by Buyer is an actionable misappropriation. A complete list of Seller's Proprietary Information is available upon request by Buyer.
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, Infinite Storage Solutions, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Infinite Storage Solutions, Inc. 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. Infinite Storage Solutions, Inc. 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 the BUYER.
Limitation of Liability
Infinite Storage Solutions, Inc. 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 Infinite Storage Solutions, Inc. 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 the BUYER.
In the event that a Infinite Storage Solutions, Inc. product is mistakenly listed at an incorrect price, Infinite Storage Solutions, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Infinite Storage Solutions, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the BUYERS credit card charged. If the BUYERS credit card has already been charged for the purchase and the BUYERS order is cancelled, Infinite Storage Solutions, Inc. shall issue a credit to the BUYERS credit card account in the amount of the incorrect price.
These terms and conditions are applicable to the BUYER upon the BUYERS accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Infinite Storage Solutions, Inc. 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.
Infinite Storage Solutions, Inc. may deliver notice to the BUYER by means of e-mail, a general notice on the site, or by other reliable method to the address the BUYER has provided to Infinite Storage Solutions, Inc..
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 Infinite Storage Solutions, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. The BUYER 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. The BUYER 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.
Infinite Storage Solutions, Inc. 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. The BUYER acknowledges that by providing the BUYER with the ability to view and distribute user-generated content on the site, Infinite Storage Solutions, Inc. 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, Infinite Storage Solutions, Inc. 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 Infinite Storage Solutions, Inc. in its sole discretion.
Release of Modern Shelving.
Buyer hereby releases Seller, its successors, officers, directors, employees, from any and all claims of any kind whatsoever related to alleged damages suffered by Buyer with respect to the following: (1) Damage, delay, or destruction of ordered goods or goods in transit; (2) Method of attachment, installation of purchased products by Buyer, his agents, or contractors; (3) Buyer is responsible for measuring to make sure the product will fit their space including all fixtures and irregularities such as sloped ceiling/floors, and uneven walls. Seller is not responsible in any way if the product does not fit in the buyer's space.
Buyer shall shall indemnify Seller, defend, and hold Seller free and harmless against and in respect of any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including without limitation interest, penalties, and attorney fees that Buyer shall or may incur or suffer (i) as a result of any claim or action by any third person or entity; (ii) as a result of any damage(s) incurred by Buyer as a result of the purchase hereunder.
This right of indemnity includes, without limitation, the right of Seller to be defended in any claim or action by counsel of Seller's choosing. This indemnity agreement is governed by California law, and may not be assigned by either party.
Alternative Dispute Resolution/Attorney Fees
Any dispute arising under or concerning this agreement shall be subject to binding arbitration before a retired judge under contract with Judicate West Dispute Resolution. The venue shall be Santa Ana, California. The Parties understand that they are hereby waiving all rights to a court trial, all rights to a jury trial in this or any other state. A single arbitrator shall be agreed upon by the Parties; or, if agreement is not reached within a reasonable period following demand for arbitration, Judicate West shall appoint an arbitrator experienced in business litigation.
If an action is brought to enforce or interpret any part of this Agreement, the prevailing party shall recover, as an element of costs of suit and not as damages, reasonable attorney fees. The prevailing party shall be the party entitled to recover its costs of suit.
In an attempt to provide increased value to Modern Shelving' visitors, Infinite Storage Solutions, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Infinite Storage Solutions, Inc., Infinite Storage Solutions, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Infinite Storage Solutions, Inc.. These linked sites are only for the BUYERS convenience and therefore the BUYER accesses them at the BUYERS own risk. Nonetheless, Infinite Storage Solutions, Inc. 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).