Terms & Conditions

Last Updated: Feb 23, 2023

Your use of the eternitymodern.com and/or eternitymodern.ca websites (collectively, the “Sites”) is governed by these Terms & Conditions (“Terms”). Your use of the Sites will confirm your agreement to all Terms indicated below. If you do not agree with these Terms, do not use our Sites.

SECTION 1 – GENERAL

1.1 Changes to Terms & Conditions

Eternity Modern reserves the right, at any time, to update these Terms at any time without prior notice. Your use of our Sites following any updates to these Terms will confirm your agreement to all changes. If you do not agree to the updated Terms, you must stop using our Sites. The revised Terms will take precedence over all previous versions, notices or statements regarding these Terms. We will notify you of any change to these Terms by updating the “Last Updated” date at the top of this page.

1.2 Changes to Pricing

Pricing indicated on our Sites may change at any time without prior notice. This includes, but is not limited to, pricing for products, material samples, shipping and other delivery costs. We will notify you of changes to pricing via email and/or an announcement on our Sites. Despite our best efforts, some products on our Sites may be mispriced. If the correct price of a product sold to you is higher than the price you purchased it at, we will notify you of the price discrepancy with any outstanding balance that must be paid before your order is processed, or we will cancel your order.

1.3 Changes to Warranty

The terms of Eternity Modern’s Warranty may change at any time without prior notice. Our warranty is valid for 1 year from date of delivery and covers all metal or solid wood defects, and workmanship-related issues for residential, non-commercial usage. For more information, please check our FAQs at eternitymodern.com/faqs , or eternitymodern.ca/faqs.

1.4 Limitation of Liability

Eternity Modern is not liable for any injuries or damages that may occur as a result of use of our products. Your use of Eternity Modern’s products are at your sole risk and discretion. Eternity Modern is not liable for any errors made or damages done by third party agents hired for services including but not limited to, shipping, deliveries, and repairs.

SECTION 2 – SHIPPING, DELIVERIES & RETURNS

2.1 Shipping & Returns

Eternity Modern’s services are subject to our shipping & return policies. The shipping & return policy for all users of eternitymodern.com is available at eternitymodern.com/shipping-and-return . The shipping & return policy for all users of eternitymodern.ca is available at eternitymodern.ca/shipping-and-return . Please note that once orders have been processed, they may be shipped out without any prior notification to the customer. Once an order has been shipped out, all cancellation requests will be subject to our return policy. Eternity Modern generally does not accept exchanges, and in such cases, orders are subject to our return policy, and a new order must be created for the product desired.

2.2 Warehouse Holds

Eternity Modern offers a 1-month complimentary hold at our warehouse for all orders. A storage fee of $100 per month will apply after the 1-month complimentary hold. Please note that you will be responsible for any carrier charges or holding fees for any hold requests submitted after your order has been shipped out from our warehouse. You are also responsible for additional costs accumulated on orders that are held in storage beyond the 1-month complimentary hold, as well as any other costs incurred due to delays in delivery as a result of failure to submit a hold request in a timely manner.

If your order is being delivered to a receiving warehouse of your choice, please make sure all products are inspected immediately after delivery and that any necessary returns are initiated within 7 days as these items are subject to Eternity Modern’s shipping & return policies

2.3 Third Party Agents (White Glove Agents and Furniture Repair Agents)

Eternity Modern works with third-party agents (white glove agents and/or furniture repair agents) to provide our customers with high-quality services. However, we are not responsible for any damage or losses that may occur as a result of the agent’s actions or omissions. By using our services, you agree that Eternity Modern will not be liable for any damage or losses caused by the third party agent.

2.4 Chargebacks

Review and Response Eternity Modern will review the information and provide a response to the dispute within 30 days.
Refund/Reversal If Eternity Modern determines that the chargeback is valid, we will issue a refund or cancellation of the transaction. If the chargeback is found to be invalid, the transaction will stand.
Chargeback Fees If a chargeback dispute is found to be invalid, please note that you will be charged a fee of up to 10% of the transaction amount to cover the cost of the dispute process.
Recall of Items In the event of a lost chargeback dispute, Eternity Modern reserves the right to recall any items that were shipped.
Return Instructions Eternity Modern will provide you with clear instructions on how to return the item, including any shipping or restocking fees that may apply.
Fraud Prevention Eternity Modern may take measures to prevent fraud, such as verifying customer information and implementing fraud detection software.
Customer Support Eternity Modern will provide customer support to assist with amicably resolving the dispute in addition to answering any questions or concerns related to chargeback disputes or returns.

2.5 Risk of Loss

All products purchased from eternitymodern.com are made in accordance with a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to your shipping carrier.

SECTION 3 – PRODUCTS & ORDERS

3.1 Product Descriptions & Measurements

Eternity Modern strives to be as accurate as possible in all product descriptions and details, however human or technological errors may happen occasionally, and thus we cannot guarantee that all product descriptions and details on our Sites are accurate. Our Sites may contain typographical mistakes, inaccuracies or omissions, and we reserve the right to correct any errors, inaccuracies, or omissions after an order has been submitted, and to change or update any information without prior notice. The product measurements or dimensions we provide are approximate. While we strive for accuracy, production limitations may result in slight variations to the measurements. If you have any questions about the content on our Sites, please contact us.

3.2 Product Availability

All product availability and lead times noted on our Sites are based on current inventory, which can change rapidly. If an in-stock that you have purchased becomes out of stock before your order is processed, it will be subject to our standard lead time of 12-14 weeks for arrival to our warehouse, with additional shipping time to your final destination based on your selected shipping method. Please note that Eternity Modern’s delivery estimates are dependent on factors beyond our control, including but not limited to production delays, shipping delays, government delays, dyelot issues, and outstanding balances. Eternity Modern will not be liable for any orders affected by longer lead times, or any deliveries that are received beyond the estimated delivery date.

3.3 Product Image & Color Discrepancies

Eternity Modern strives to display product images on our Sites as accurately as possible, however all of our images are professionally edited which may lead to some discrepancies. Our products may also vary in appearance in different lighting. Our Sites also display as accurately as possible the colors of our products and materials. However, the colors will vary depending on your monitor’s settings, and thus we cannot guarantee that your monitor’s display of any color will be accurate. Please order material swatches from our website to see more accurate coloring.

While we make every effort to ensure that our products are consistent in color and quality, there may be slight variations due to dye lot discrepancies in our fabrics and leathers. This may cause a difference between the color of our materials you see on our Sites and in person. The color and texture of the fabric used for your furniture may not be an exact match to what you see online or in our showroom.

3.4 Product Renderings

Some of the product images you see are artistic renderings created to show the final product in different materials. While they offer a general idea, actual details like colors, textures, and finishes may differ. These renderings serve as a representation and are subject to change without notice.

3.5 COM & Custom Orders

Please note that all COM (Customer’s Own Material) and custom orders are final sale and not eligible for cancellation or return. All COM and custom orders must be reviewed and approved by our production team before we can accept the order. Any upholstery or customization that is inadequate for production may be rejected by Eternity Modern. Customers are responsible for all freight charges for sending COM to our warehouse, and an additional shipping fee will apply to all COM orders to cover the cost of sending the material to our overseas factories. Customers are responsible for shipping fees for any fabric returns. For more information, please check eternitymodern.com/custom-order, or eternitymodern.ca/custom-order.

3.6 Drawings and Recommendations

Any drawings provided by Eternity Modern are for concept only. Any product recommendations made by a member of our team based on drawings we have created, or received from customers, are only suggestions for the customer to consider. It is up to the customer’s own discretion and decision which products they would like to purchase, and Eternity Modern will not be liable for any decisions made by the customer based on recommendations we have provided.

3.7 Order Cancellations

All products purchased on our Sites are subject to varying cancellation policies depending on the type of product. For all in-stock products, you may cancel your order within 1 business day from the original order date. For pre-ordered products, you may cancel anytime before the item leaves our warehouse. For made-to-order products, you may cancel the order within 6 business days at no charge. Otherwise, your refund will be reduced by a cancellation fee equal to 20% of the purchase price, which can be used as store credit for your next purchase. All COM, COL, and custom products are final sale. Customers are responsible for shipping fees for any fabric returns.

Please note that an order cannot be changed or canceled once it has been shipped. If you decide to cancel your order after it has left the warehouse, we will recall the shipment and our return policy will apply accordingly. A refund will be issued, less outbound and return shipping fees. For made-to-order items, a cancellation fee equal to 20% of the purchase price, which can be used as store credit for your next purchase, will also be deducted.

SECTION 4 – PAYMENT TERMS AND CONDITIONS

4.1 Payment Methods

We accept the following payment methods: credit cards, debit cards, electronic bank transfers, and any other payment methods specified during the checkout process.

All payments must be made in the currency indicated during the checkout process.

4.2 Payment Authorization

By making a payment, you authorize us to charge the designated payment method for the total order amount, including applicable taxes, fees, and shipping costs.

You must ensure that your payment information is accurate and up to date.

We retain the right to request and process repayment in the event of a payment terminal error.

4.3 Payment Confirmation

You will receive an order confirmation email upon successful payment.

We reserve the right to verify and validate payment information before processing your order.

4.4 Payment Security

We use industry-standard security measures to protect your payment information.

Your payment details are encrypted and stored securely.

4.5 Payment Disputes

Our refund and return policy is outlined separately and is subject to the terms and conditions specified therein.

Refunds, if applicable, will be processed using the original payment method.

4.6 Payment Failure

If a payment fails or is declined, we reserve the right to cancel or suspend your order until a successful payment is made.

You may be responsible for any associated fees or charges resulting from payment failure.

4.7 Payment Terms Updates

We may update these Payment Terms and Conditions from time to time. Any revisions will be effective upon posting.

4.8 Acceptance

By making a payment on our platform, you acknowledge and accept these Payment Terms and Conditions.

SECTION 5 – TRADE TERMS & CONDITIONS

5.1 Eligibility for Trade Program

Eternity Modern’s Trade Program is open to all design professionals including but not limited to interior designers, architects, contractors, stagers and members of design firms and architecture firms. To qualify for Eternity Modern Trade membership, you must create an account on Eternity Modern’s Sites, and provide the necessary information requested on our Trade Program Application Form at eternitymodern.com/trade-program, or eternitymodern.ca/trade-program.

Each applicant must apply for membership by submitting their individual credentials. An eligible member must be an individual and not a business or entity; multiple individuals employed by a single business or entity may apply individually by submitting separate applications and gaining approval, but the business or entity itself will not qualify for Eternity Modern Trade membership.. Incomplete applications will not be accepted. Eternity Modern reserves the right to discontinue our Trade Program at any time at Eternity Modern’s sole discretion.

5.2 Trade Program Discount

Eternity Modern Trade Members receive a discount of 15% on all products available on our Sites. Trade discounts do not apply on sample orders, custom order fees, COM order fees, or shipping and handling fees. Trade discounts cannot be combined with other promotions or offers, or applied to past purchases.

5.3 Tax Exemption

To qualify for Tax Exemption, please submit a resale certificate with your Trade Application. Tax exemption will only be applied in the state associated with your resale certificate, and the shipping address on your order must be located in the same state.

5.4 Deposit and Balance Payments

Eternity Modern accepts 50% deposit payments on made-to-order items, COM orders, and custom orders. Payment is accepted via check or a credit card authorization form. Please note orders cannot be shipped out until the remaining balance has been paid and any delay in submitting payment may affect the overall lead time. Eternity Modern is not liable for any shipment delays due to outstanding balances.