Terms and Conditions

You must be at least 18 years old and legally capable of entering into a binding agreement to place an order.

If you place an order on behalf of another individual, company, organization, or property owner, you represent that you have authority to bind that person or entity.

We make reasonable efforts to provide accurate product descriptions, dimensions, photographs, prices, availability information, and other website content.

However, errors may occur. We reserve the right to correct:

• Typographical errors
• Pricing errors
• Measurement errors
• Technical errors
• Product-description errors
• Availability errors
• Photographic or rendering errors

We may update information without prior notice.

If an accepted order contains a material pricing or listing error, we may contact you to obtain approval of corrected terms or cancel the affected order and refund the amount paid for that order.

Submitting payment, completing checkout, or requesting an invoice does not by itself guarantee acceptance of an order.

An order is accepted when we send an order confirmation, confirm acceptance in writing, begin procuring materials, or begin production.

We may reject or cancel an order because of:

• Incorrect pricing
• Incorrect product information
• Material unavailability
• Hardware unavailability
• Payment failure
• Suspected fraud
• Delivery limitations
• Safety or feasibility concerns
• Incomplete specifications
• Inconsistent customer instructions
• An inability to manufacture the requested design reasonably
• Circumstances outside our reasonable control

If we cancel an order before production because we cannot fulfill it, we will refund the amount paid for the canceled product.

Modern Avenue Co. products are generally built after an order is placed.

Products may be manufactured according to:

• Website selections
• An order confirmation
• An invoice
• A custom quote
• Approved drawings
• Written measurements
• Written customization instructions
• Written communications between the customer and Modern Avenue Co.

Because our products are made to order, they may not be resalable to another customer.

Made-to-order products are subject to the final-sale and cancellation provisions contained in our Return, Cancellation, Delivery Damage, and Refund Policy.

You are responsible for carefully reviewing all specifications before placing or approving an order, including:

• Overall dimensions
• Interior dimensions
• Product orientation
• Door direction
• Drawer arrangement
• Shelf arrangement
• Material
• Wood species
• Veneer
• Finish
• Color
• Hardware
• Leg style
• Configuration
• Cable-management openings
• Ventilation requirements
• Delivery address
• Delivery-access requirements

If we provide a drawing, invoice, rendering, or written specification for approval, your approval confirms that the listed specifications are correct.

Written order documents and approved specifications control over:

• Informal conversations
• Verbal discussions
• Inspiration photographs
• Reference photographs
• Preliminary renderings
• General examples
• Earlier versions of an order

If documents conflict, the most recently approved written specification or change confirmation will control.

You are responsible for the accuracy of measurements you provide.

Unless we expressly agree in writing to perform on-site measurement services, we are not responsible for errors resulting from:

• Incorrect customer measurements
• Incomplete measurements
• Failure to account for trim or molding
• Uneven floors
• Sloped ceilings
• Door frames
• Stair turns
• Elevator dimensions
• Hallway dimensions
• Building restrictions
• Access limitations
• Existing furniture or fixtures
• Electrical outlets or wiring
• Plumbing
• Ventilation requirements

A product's failure to fit because of incorrect measurements or undisclosed access conditions is not a manufacturing defect.

Changes are not guaranteed after an order has been placed.

A requested change is not accepted unless we confirm it in writing.

An approved change may result in:

• Additional charges
• A change fee
• Replacement-material costs
• Additional design costs
• A revised production schedule
• A revised delivery estimate
• Loss of work or materials already completed

Additional amounts may be required before production continues.

The submission of a change request does not suspend production unless we confirm a production hold in writing.

All prices are stated in U.S. dollars unless otherwise specified.

We accept payment methods displayed at checkout or stated on an invoice.

Unless otherwise agreed in writing:

• Payment is required before production begins
• Additional charges must be paid before related work continues
• The remaining balance must be paid before delivery or release of the product

An order is not considered fully paid until all payments have cleared.

We may pause production or delivery when a payment is late, reversed, disputed, or unsuccessful.

You are responsible for applicable sales, use, local, import, or similar taxes.

We will collect taxes when required.

A customer claiming a tax exemption must provide valid documentation before the order is completed. A tax exemption will not be applied retroactively unless required by law.

Production times displayed on our website or provided in communications are good-faith estimates unless expressly guaranteed in a signed written agreement.

Production may be affected by:

• Order complexity
• Custom modifications
• Customer-requested changes
• Delayed customer approval
• Material availability
• Hardware availability
• Supplier delays
• Equipment maintenance or failure
• Staffing limitations
• Weather
• Transportation disruptions
• Force-majeure events

The production period is separate from the shipping or transit period.

A customer-requested delay or failure to provide necessary information may extend the estimated completion date.

We will use reasonable efforts to ship within the timeframe stated in the applicable product listing, order confirmation, invoice, or written communication.

If we cannot ship within an expressly promised timeframe, we will provide any notice, request for delay consent, cancellation option, or refund required by applicable law.

Nothing in these Terms removes a cancellation or refund right that cannot legally be waived.

We may arrange delivery using:

• Our own drivers
• Independent delivery drivers
• Freight carriers
• Logistics providers
• Drivers or carriers arranged through uShip
• Other third-party delivery services

A delivery provider may contact you directly to arrange a delivery date or delivery window.

You must provide a working telephone number and respond to reasonable delivery-scheduling attempts.

Transit commonly takes approximately one to two weeks after the product is collected by the delivery provider. This is an estimate and may vary depending on the route, destination, carrier, weather, and scheduling availability.

Unless expressly purchased and confirmed in writing, standard delivery does not include:

• White-glove delivery
• Interior placement
• Carrying furniture upstairs
• Carrying furniture through an apartment building
• Elevator service
• Assembly
• Installation
• Wall mounting
• Furniture anchoring
• Unpacking
• Packaging removal
• Moving existing furniture
• Disposal of existing furniture

Delivery may be completed at a driveway, curb, garage, loading area, building entrance, or other safe and reasonably accessible location agreed upon with the delivery provider.

The exact service level may depend on the carrier and the written delivery arrangement.

A driver's voluntary assistance beyond the agreed delivery service does not change the delivery terms or create an obligation for future deliveries.

Independent delivery providers may not be able to supply a Certificate of Insurance that satisfies the requirements of an apartment building, condominium, management company, cooperative, or commercial property.

You are responsible for confirming all building requirements before placing an order, including:

• Certificate of Insurance requirements
• Insurance limits
• Approved-vendor requirements
• Elevator reservations
• Loading-dock reservations
• Parking restrictions
• Delivery hours
• Security requirements
• Move-in or moving fees

When your building requires a specific Certificate of Insurance or approved moving company, you may need to hire a local insured mover to receive the product and move it inside.

Unless expressly agreed in writing, the customer is responsible for these arrangements and costs.

Before ordering, you must confirm that the product can safely pass through all required access areas, including:

• Gates
• Driveways
• Loading areas
• Doorways
• Hallways
• Corners
• Stairways
• Elevators
• Building entrances
• Rooms
• Alcoves
• Final placement areas

You are responsible for disclosing unusual access conditions before delivery is scheduled.

We and the delivery provider may refuse to move a product through an area when doing so could reasonably cause injury or property damage.

Additional charges may apply when delivery cannot be completed because:

• No authorized person is available
• The customer does not respond to the driver
• An incorrect address was provided
• Building access was not arranged
• An elevator or loading dock was not reserved
• Required approval was not obtained
• The product does not fit
• The property is unsafe or inaccessible
• The customer changes the agreed delivery date after dispatch
• The customer refuses delivery without an authorized reason

You may be responsible for reasonable:

• Redelivery charges
• Return-transportation charges
• Driver waiting time
• Storage charges
• Handling charges
• Local moving costs

Refusing delivery does not automatically cancel an order or create a right to a refund.

Delivery to an adult present at the delivery address, building employee, doorman, property representative, local mover, storage facility, or other person reasonably appearing authorized to receive the product may be treated as delivery to the customer.

You are responsible for ensuring that any authorized recipient understands the inspection and damage-reporting requirements.

You or your authorized representative should inspect the product at delivery.

When reasonably possible, visible damage should be:

• Reported to the driver immediately
• Written on the delivery receipt
• Photographed before the product is moved
• Photographed before packaging is discarded
• Reported to Modern Avenue Co. within 24 hours

Concealed damage that could not reasonably be identified at delivery should be reported within three calendar days.

Additional procedures are described in our Return, Cancellation, Delivery Damage, and Refund Policy.

These reporting periods do not eliminate rights that cannot legally be waived.

Wood, veneer, plywood, and other natural or wood-based materials may vary in:

• Grain
• Color
• Tone
• Figure
• Texture
• Pattern
• Knots
• Mineral streaks
• Panel appearance
• Absorption of stains and finishes

Photographs, samples, renderings, and display images are visual references and cannot guarantee an exact match.

Appearance may be affected by:

• Lighting
• Camera settings
• Screen settings
• Surrounding colors
• Natural material variation
• Production batch
• Age of the material or finish

Handmade and made-to-order products may contain minor, reasonable variations in dimensions, alignment, grain placement, construction, or finish.

Natural characteristics and reasonable handmade variations are not defects.

Furniture must be used and maintained appropriately.

You are responsible for protecting products from:

• Excessive moisture
• Excessive dryness
• Water exposure
• Heat sources
• Direct sunlight
• Sharp objects
• Harsh chemicals
• Improper cleaning products
• Excessive weight
• Misuse
• Pet damage
• Unsafe placement

Wood products may naturally expand, contract, or move in response to changes in temperature and humidity.

Damage caused by the customer's environment, maintenance, cleaning, storage, or use is not a manufacturing defect.

You are responsible for using furniture safely and for its intended purpose.

Furniture should be placed on a stable and reasonably level surface.

When anchoring is appropriate or anchoring hardware is supplied, you are responsible for proper installation into a suitable wall structure.

Unless a product is expressly designed for that purpose, do not:

• Stand on furniture
• Climb on furniture
• Sit on shelves
• Allow children to climb on furniture
• Overload shelves, drawers, or cabinets
• Use furniture as exercise or support equipment

We are not responsible for damage or injury caused by improper use, overloading, modification, improper anchoring, or failure to supervise children.

If you believe a product was materially damaged, manufactured incorrectly, or materially differs from the approved specifications, contact us promptly and follow the claim procedures in our Return, Cancellation, Delivery Damage, and Refund Policy.

You must provide a reasonable opportunity for us to:

• Review photographs
• Request additional information
• Inspect the product
• Obtain a carrier assessment
• Propose a repair
• Provide replacement parts
• Arrange another reasonable remedy

Where permitted by law, we may select an appropriate remedy based on the nature and extent of the issue, including:

• Care instructions
• Repair instructions
• Replacement hardware
• Replacement components
• An authorized local repair
• Repair by Modern Avenue Co.
• Replacement of the affected product
• A partial refund
• A full refund

A minor repairable issue does not automatically require replacement of the entire product or a full refund.

You may not hire a repair provider and demand reimbursement without our prior written authorization.

Do not repair, refinish, modify, disassemble, dispose of, or materially alter a product involved in a claim before receiving written instructions from us.

Unauthorized work may:

• Prevent us from verifying the original condition
• Prevent us from pursuing a carrier claim
• Worsen the damage
• Limit the remedies reasonably available

This section does not limit rights that cannot legally be waived.

All returns, cancellations, exchanges, damage claims, and refunds are governed by our Return, Cancellation, Delivery Damage, and Refund Policy.

That policy is incorporated into these Terms and Conditions.

Please contact us promptly if you believe a payment is incorrect or if you have a concern about an order.

Initiating a chargeback does not change the made-to-order nature of a product or automatically cancel an order.

We reserve the right to respond to a payment dispute with relevant records, including:

• Order confirmations
• Invoices
• Approved specifications
• Approved drawings
• Customer communications
• Production photographs
• Material-purchase records
• Tracking records
• Delivery records
• Signed receipts
• Delivery photographs
• Evidence of customer use
• Evidence of offered repairs or remedies

Nothing in this section prevents you from exercising rights provided by applicable law or payment-network rules.

Promotions and discount codes:

• May have expiration dates
• May be limited to specific products
• May exclude custom work
• May not be combined unless expressly stated
• Have no cash value
• May be changed or discontinued
• Cannot ordinarily be applied retroactively

A discount does not change the final-sale or made-to-order status of a product.

All content owned by Modern Avenue Co., including:

• Product photographs
• Videos
• Text
• Graphics
• Logos
• Branding
• Renderings
• Product drawings
• Shop drawings
• Product designs
• Website layout
• Marketing materials

is protected by applicable copyright, trademark, trade-dress, and other intellectual-property laws.

Purchasing a product does not transfer ownership of our designs, drawings, photographs, or intellectual property.

You may not copy, reproduce, manufacture, publish, sell, distribute, scrape, modify, or commercially exploit our content or designs without prior written permission.

When you provide us with a logo, drawing, photograph, artwork, design, or other material, you represent that you own the material, or you have permission to use and reproduce it for the requested product.

You are responsible for claims arising from intellectual-property infringement caused by materials or instructions you supplied.

We may refuse to reproduce material that we reasonably believe is unlawful, unsafe, or infringing.

You may provide honest feedback about your experience.

By voluntarily submitting a review, photograph, testimonial, suggestion, or other feedback directly to us, you grant us a nonexclusive, worldwide, royalty-free license to use, reproduce, and display that submitted content for business and marketing purposes, unless you notify us in writing that permission is withdrawn.

We will not prohibit or penalize an honest review protected by applicable law.

Payment providers, carriers, delivery marketplaces, local movers, social-media platforms, and other third parties operate under their own terms and policies.

We are not responsible for the independent acts or omissions of a third party, except to the extent responsibility cannot legally be excluded.

We do not guarantee that the website will always be uninterrupted, secure, or error-free.

We may suspend, update, modify, or discontinue website features without liability, subject to our obligations relating to existing accepted orders.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY EXPRESS WRITTEN WARRANTY PROVIDED BY MODERN AVENUE CO., THE WEBSITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THIS DISCLAIMER DOES NOT EXCLUDE OR LIMIT ANY WARRANTY OR CONSUMER RIGHT THAT CANNOT LEGALLY BE DISCLAIMED OR LIMITED.

Some states do not permit certain warranty exclusions, so part of this section may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AXISA INTERNATIONAL LLC, DOING BUSINESS AS MODERN AVENUE CO., WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING:

• Lost profits
• Lost revenue
• Loss of use
• Business interruption
• Loss of data
• Loss of opportunity
• Damage to other property resulting from improper use, movement, storage, or installation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF A PRODUCT OR ORDER WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO US FOR THE PRODUCT GIVING RISE TO THE CLAIM.

These limitations do not apply to liability that cannot legally be excluded or limited, including liability resulting from fraud, willful misconduct, or other conduct for which limitation is prohibited by law.

We are not responsible for delays or failure caused by circumstances beyond our reasonable control, including:

• Severe weather
• Natural disaster
• Fire
• Flood
• War
• Terrorism
• Civil disturbance
• Government action
• Public-health emergency
• Labor interruption
• Utility outage
• Internet outage
• Transportation interruption
• Carrier shortage
• Supplier failure
• Material shortage
• Equipment failure
• Acts or omissions of third-party carriers

We will communicate material delays when reasonably possible.

This section does not eliminate any cancellation or refund right required by law.

Before filing a legal action, you agree to contact us with a description of the dispute and provide a reasonable opportunity to investigate and attempt to resolve it informally.

Notices should include:

• Customer name
• Order number
• Description of the dispute
• Supporting photographs or documents
• Requested resolution

Nothing in this section prevents either party from seeking urgent legal relief when reasonably necessary.

Except where prohibited by applicable consumer law, these Terms and any dispute arising from them are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Except for a matter properly brought in small-claims court and except where applicable law requires otherwise, any legal proceeding must be brought in a state or federal court with jurisdiction in Bexar County, Texas.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect.

The invalid provision will be enforced to the maximum extent legally permitted or modified only to the minimum extent necessary to make it enforceable.

Our failure to enforce a provision on one occasion does not waive our right to enforce that provision or another provision later.

These Terms, the applicable order confirmation, invoice, approved specifications, Privacy Policy, Return Policy, and written change confirmations form the agreement between you and us concerning the order.

An order-specific written agreement signed by both parties will control if it expressly conflicts with these general Terms.

You may not transfer an order or your rights under these Terms without our written consent.

We may assign our rights or obligations as part of a merger, financing, reorganization, sale of the business, or transfer of substantially all relevant assets.

We may update these Terms periodically.

Updated Terms will apply to website use and orders submitted after the updated effective date.

Unless otherwise agreed or legally required, the terms applicable to an accepted order will be the version presented when the order was submitted.

Seller: Axisa International LLC d/b/a Modern Avenue Co.

Email: modernavenueco@gmail.com