Modernab

1. DEFINITIONS & CORPORATE IDENTITY

For the purposes of these Terms & Conditions, the terms “Modernab Gallery,” “Modernab,” and “Modernab Srl” each designate the same legal entity:


Modernab Srl
Via Scortegagna 32
36045 Lonigo (VI), Italy
VAT: IT04404100242


All references to these names are interchangeable and refer exclusively to Modernab Srl as the sole contracting party for all offers, sales, communications, transactions, and contractual obligations.


By engaging with Modernab through any communication channel (email, phone, showroom visits, website, messaging platforms), the buyer agrees that:


– Any purchase constitutes a binding contract with Modernab Srl.
– Placing an order, making a payment, or confirming intent to purchase constitutes full acceptance of these Terms & Conditions.
– These Terms apply to all sales, regardless of the communication platform, lead source, or sales channel.


No modification is valid unless expressly agreed in writing by Modernab.

2. SALES & TERMS OBLIGATIONS

Modernab prioritizes direct, transparent communication to ensure clarity regarding condition, provenance, restoration, pricing, shipping, and all transactional elements. This process prevents misunderstandings before finalizing an order.


Prices listed do not include taxes or duties.


All import duties, VAT, GST, use taxes, customs fees, brokerage charges, tariffs, and any similar charges imposed by authorities in the buyer’s jurisdiction are the exclusive responsibility of the buyer.


These charges cannot be estimated, altered, influenced, or refunded by Modernab and do not justify cancellation, return, refund, compensation, chargeback, or refusal of delivery.


If the buyer requests a shipping address change after invoicing, all additional costs (re-documentation, re-routing, customs changes, or re-packing) shall be borne entirely by the buyer.
Any “on-the-way” change—if logistically possible—is executed solely at the buyer’s expense.

3. PAYMENT

Payment is due immediately upon receipt of invoice unless otherwise agreed in writing.


Accepted payment methods:
– Credit or Debit Card
– Bank Transfer
– Cash


Goods remain the property of Modernab until fully paid.


All partial or advance payments constitute a formal and binding commitment to purchase.
If the buyer provides no written instruction or update within 90 days from the partial payment date, Modernab may:


– retain the full amount as administrative, handling, and opportunity costs;
– release or resell the item without obligation to the buyer.


After 90 days, no refund, credit, or claim is due unless agreed in writing.
Bank charges, transfer fees, and currency losses are always borne by the buyer.


Chargebacks are strictly prohibited.

4. SHIPPING, DELIVERY & LEAD TIMES

Modernab ships worldwide using selected professional logistics partners.
Items may also be collected personally or through authorized third parties.


All shipping costs, customs duties, import taxes, brokerage fees, administrative charges, and handling fees are the buyer’s responsibility unless otherwise agreed in writing.


4.1 Standard Lead Time for Dispatch
Unless explicitly stated otherwise, the standard timeframe for preparing, packing, and dispatching any purchased item is:
3–4 weeks from the date full payment is received.
Variations within this timeframe do not justify cancellation, refund, compensation, or claims.


4.2 Showroom Orders — Availability & Dispatch
Items purchased directly from Modernab’s showroom will be ready for pickup or dispatch within:
5 to 10 business days from the date full payment is received.
This period includes cleaning, inspection, documentation, packing, and logistics coordination.
Minor delays do not justify cancellation or compensation.
If touch-ups, special packing, or crate production are required, Modernab may extend the timeframe and will notify the buyer.


4.3 Storage Terms
– Free storage for the first 60 days from full payment.
– After: EUR 20 per day, unless otherwise agreed in writing.
– Insurance is not included unless purchased by the buyer.
– All storage fees must be paid before release or shipping.
If the buyer fails to arrange collection or shipping within 180 days, Modernab may consider the goods abandoned and resell them to recover outstanding fees and costs.


4.4 No Liability for Delays
Modernab is not responsible for:
– carrier delays
– customs delays
– inspections
– administrative processing
– port congestion
– strikes
– force majeure
– any logistical disruption


Delays do not justify cancellation, refund, return, compensation, or chargeback.

5. OBJECT CONDITION & USE

Buyers must satisfy themselves regarding condition, provenance, and all relevant details before purchasing.


Vintage items may show wear, patina, imperfections, and natural variations, which are not defects.


Statements provided by Modernab are good-faith opinions, not warranties.


Goods remain the property of Modernab until fully paid and collected/shipped.


Use & Suitability Clause — Reinforced


Modernab declines all responsibility for damage, deterioration, malfunction, structural stress, or premature wear resulting from:
– outdoor use
– commercial or public environments
– hospitality or contract use
– event or rental use
– high-traffic or high-humidity environments
– any non-residential indoor use


Unless Modernab explicitly approves such use in a written document stating permission, all liability is waived and no return, refund, or claim is permitted.

6. HIRES

Returns are accepted only if the item:
(i) materially does not match its written description;
(ii) arrives damaged;
(iii) does not arrive.


All other reasons are strictly excluded.


6.1 When an Item “Does Not Match Its Description
A mismatch exists only when an objective, material discrepancy is proven.


Examples:
– wrong model or attribution (if explicitly stated)
– wrong materials
– significant dimensional deviation
– receiving a different item


Buyer must provide objective, verifiable evidence.
Subjective impressions are not valid.


6.2 Shipping Damage
If the item can be repaired locally or Modernab offers repair/restoration, no return is accepted.


6.3 Incorrect Item Shipments
Good-faith errors may occur.
Modernab will ship the correct item promptly at its own cost.
No refund or compensation applies.
The buyer must repack and return the incorrect item professionally.


6.4 Return Procedure
– Requests must be submitted within 14 days of delivery.
– The buyer is responsible for all costs: shipping, insurance, duties, tariffs, brokerage, and all related charges.
– Item must arrive in identical condition and professionally packed.


6.5 Restocking Fee
Approved returns incur a 25% restocking fee (applied to item price only).


6.6 Taxes, Duties & Government Charges — Strictly Non-Refundable
Under no circumstances will Modernab refund, reimburse, or credit any of the following, even in the event of an approved return:


– import duties
– customs charges
– VAT, GST, sales/use taxes
– tariffs or anti-dumping duties
– brokerage or clearance fees
– government processing fees


These amounts are levied by governmental authorities and remain entirely the buyer’s responsibility.


6.7 Non-Refundable Items
Custom-made, customized, or restored-to-order pieces are strictly non-refundable.
Delays do not justify cancellation.


6.8 No Returns Due to Delays
Shipping, customs, or logistical delays do not justify returns or compensation.

7. HIRES

Hirers are responsible for all goods from pickup to return.
Liability extends to full replacement value, defined solely by Modernab.
Late returns incur EUR 100/day.
No alterations or outdoor/high-humidity use unless approved in writing.

8. AUTHENTICITY

Modernab conducts due diligence on attribution, provenance, and authenticity in good faith.
Academic or scholarly re-attributions do not create liability for Modernab under any circumstance.

9. INTELLECTUAL PROPERTY

All photographs, descriptions, and content are the exclusive property of Modernab and may not be reproduced, distributed, or used without written consent.

10. LIMITATION OF LIABILITY

Modernab is not liable for indirect, consequential, financial, or business damages.

11. FORCE MAJEURE

Modernab is not responsible for delays or failures caused by events outside its control.

12. ACCEPTANCE OF TERMS

Placing an order, paying a deposit, or confirming intent to purchase constitutes full acceptance of these Terms.

13. GOVERNING LAW & JURISDICTION

All transactions are governed exclusively by Italian law.
Exclusive jurisdiction: Courts of Venice, Italy.
The CISG (Vienna Convention) is expressly excluded.

14. NO RELIANCE

Only written agreements, confirmations, or warranties issued directly by Modernab are binding.

15. SEVERABILITY

If any clause is invalid, the remainder remains fully in effect.

16. NO ASSIGNMENT

The buyer may not transfer rights or obligations without written consent from Modernab.

17. NO ASSIGNMENT


Modernab may recover legal fees and associated costs if it prevails in litigation.