Terms of service
MODERNAB — WORLDWIDE TERMS & CONDITIONS
1. DEFINITIONS & CORPORATE IDENTITY
For the purposes of these Terms & Conditions, the term “Modernab” refers to the legal entity and seller:
Modernab Srl
Via Scortegagna 32
36045 Lonigo (VI), Italy
VAT No.: IT04404100242
Website: https://modernabgallery.com/
Email: info@modernabgallery.com
Telephone: (+39) 0444 020833
Modernab is the sole contracting party for all offers, quotations, sales, communications, orders, payments, shipments, after-sale assistance, and transactions relating to the products offered through the website https://modernabgallery.com/, by email, by written quotation, through social media or messaging channels, or through any other sales or communication channel used by Modernab.
For the purposes of these Terms & Conditions, the term “Website” means the ecommerce website available at https://modernabgallery.com/.
The term “buyer” means any person or legal entity that accesses the Website, requests information or quotations, places an order, makes a payment, purchases a product, or otherwise enters into a transaction with Modernab.
The term ‘consumer buyer’ means a natural person who purchases an item for purposes unrelated to any business, trade, craft, commercial, or professional activity.
The term ‘business buyer’ means any buyer who purchases an item for purposes related to a business, trade, craft, commercial, professional, resale, interior design, gallery, dealer, institutional, or similar activity.
By accessing or using the Website the buyer acknowledges and agrees that any purchase is made with Modernab and is governed by these Terms & Conditions, together with any specific written quotation, invoice, order confirmation, product description, shipping communication, or additional written agreement expressly accepted by Modernab.
1.1 Website Use
By accessing the Website, submitting an order, requesting a quotation, making a payment, or otherwise purchasing any item from Modernab, the buyer represents and warrants that the buyer has reached the age of majority and has full legal capacity to enter into a binding agreement under the laws of the country, State or jurisdiction from which the buyer places the order or in which the buyer resides.
If the buyer acts on behalf of a company, gallery, dealer, interior designer, business, institution, or other legal entity, the buyer represents and warrants that he or she has the legal authority to bind such entity to these Terms & Conditions and to any order, quotation, invoice, payment, or transaction entered into with Modernab.
Modernab may refuse, suspend, or cancel any order where it has reasonable grounds to believe that the buyer does not have the required legal age, capacity, authority, or authorization to complete the transaction.
2. SALES TERMS & OBLIGATIONS
Modernab prioritizes direct and transparent communication with each purchaser to ensure clarity regarding condition, provenance, restoration, pricing, shipping, and all other aspects of the transaction. This process ensures that the buyer receives comprehensive information and helps avoid misunderstandings prior to finalizing an order.
Unless otherwise expressly stated in writing, prices listed by Modernab are displayed in the currency indicated on the Website, in the relevant quotation, invoice, order confirmation, or written communication, and do not include shipping costs, insurance, import duties, customs fees, brokerage charges, tariffs, VAT, GST, sales taxes, use taxes, or any other taxes or charges imposed by any governmental, customs, state, local, or other competent authority, except where such taxes or charges are expressly included or required to be included under applicable mandatory law.
Depending on the buyer’s shipping destination, applicable taxes may be calculated and collected at checkout or otherwise indicated before the order is completed, where required or permitted by applicable law. The buyer remains responsible for providing accurate billing, shipping, tax exemption, resale certificate, business, VAT, GST, or other tax-related information, where applicable. Any request for tax exemption, resale treatment, reverse charge, or other special tax treatment must be communicated and properly documented before the order is completed.
All import duties, VAT, GST, sales taxes, use taxes, customs fees, brokerage charges, tariffs, import processing fees, storage charges, handling fees, and any other taxes or charges imposed by authorities in the buyer’s jurisdiction or in the country of destination are the sole responsibility of the buyer.
For international shipments, the buyer acknowledges that the buyer may be considered the importer of record in the country of destination. The buyer is responsible for ensuring that the purchased items may be lawfully imported, delivered, resold, installed, displayed, or used in the buyer’s country, State, province, region, or other applicable jurisdiction, and for cooperating with customs brokers, carriers, freight forwarders, logistics providers, and competent authorities whenever required.
Depending on the nature, age, materials, composition, restoration, country of origin, country of destination, and applicable import or local rules, certain items may be subject to additional customs, environmental, wildlife, agricultural, labeling, disclosure, product safety, consumer protection, cultural heritage, export, import, or product-related requirements in the buyer’s jurisdiction, including, without limitation, rules concerning wood, plant-derived materials, restricted materials, protected species, consumer warnings, fire safety, installation, or resale. The buyer is responsible for verifying any such requirements before purchase, importation, resale, installation, display, or use. Modernab will reasonably cooperate by providing the information and documentation available to it but does not guarantee that any item satisfies all requirements applicable in the buyer’s jurisdiction.
Such charges are determined independently by governmental, customs, tax, logistics, or other authorities and cannot be estimated, influenced, reduced, waived, or controlled by Modernab. Any estimate provided by Modernab, a carrier, broker, or third-party service provider is for informational purposes only and shall not be binding on Modernab.
Taxes, duties, customs charges, brokerage fees, tariffs, changes in tax rates, customs reclassification, delays in customs clearance, or changes in the buyer’s tax status do not constitute valid grounds for cancellation, return, refund, compensation, chargeback, refusal of delivery, or non-payment, unless otherwise required by mandatory applicable law.
Modernab reserves the right to refuse, suspend, or cancel any order where the information provided by the buyer is incomplete, inaccurate, inconsistent, or where the transaction may create legal, customs, tax, logistical, compliance, fraud, payment, or reputational risks. In such cases, Modernab may refund any amount already paid, net of any non-refundable costs, fees, payment charges, or expenses already incurred, to the fullest extent permitted by applicable law.
2.1 Sourcing Requests & Associated Costs
Upon request by the buyer, Modernab may undertake sourcing, research, and procurement activities aimed at identifying specific items, designers, periods, or collections.
Depending on the complexity, rarity, urgency, level of research required, and internal resources involved, Modernab reserves the right to charge a non-refundable sourcing fee.
Such fee compensates, without limitation:
– research time and professional expertise;
– market analysis, verification, and due diligence;
– outreach to dealers, archives, institutions, and private sources;
– use of internal operational, administrative, and professional resources.
Due to the inherently variable and unpredictable nature of sourcing activities—which may depend on market conditions, rarity of the requested items, availability of sources, response times of third parties, verification processes, and the level of expertise and internal resources required—it is not always possible to quantify the effort or related costs in advance.
For this reason, Modernab reserves the right to charge sourcing and research fees after the sourcing activity has been carried out, based on objective criteria of reasonableness, proportionality, and fairness, taking into account, without limitation:
– the complexity and rarity of the request;
– the time and professional expertise involved;
– the number of sources contacted and verified;
– the use of internal and external resources;
– administrative, operational, and coordination efforts.
Sourcing fees will be communicated to the buyer once the activity has been completed or sufficiently defined, together with a clear explanation of the work performed.
Such fees are non-refundable, independent from the purchase price of any item eventually sourced, and payable regardless of whether a purchase is ultimately completed.
2.2 Administrative Modifications & Additional Costs
If, after the initial information has been provided by the buyer, any material modification is requested — including, without limitation:
– changes to shipping address or destination country;
– amendments to invoicing, customs, export, or import documentation;
– revisions to logistics arrangements or delivery instructions;
– changes affecting compliance, regulatory, or administrative processing;
– any other substantial modification to information or instructions previously communicated —
Modernab reserves the right to apply an additional administrative fee.
Due to the operational, administrative, and logistical implications of such requests, which may require additional labor, allocation of internal or external resources, third-party coordination, document reissuance, or enhanced compliance activities, these costs cannot always be anticipated at the time of the initial agreement.
Accordingly, Modernab may apply a reasonable administrative fee, calculated in the currency of the relevant order, quotation, or invoice, taking into account the nature of the requested modification, its complexity, the workload involved, the use of internal or external resources, and any third-party coordination required. The amount of any such fee will be communicated to the buyer before the requested modification is implemented.
In cases requiring increased levels of labor, use of internal or external resources, third-party coordination, or additional compliance and administrative processing, the applicable fee may be adjusted accordingly, based on objective criteria of reasonableness, proportionality, and fairness.
Any such administrative fee will be communicated to the buyer once the scope of the requested modification is sufficiently defined and must be settled prior to the implementation of the requested changes.
Administrative fees are non-refundable, independent from the purchase price of any item eventually sourced, and payable regardless of whether a purchase is ultimately completed, provided that the fee, or the criteria for calculating it, has been communicated to and accepted by the buyer in advance where required by applicable mandatory law.
2.3 Orders, Order Confirmation
Any order, purchase request, acceptance of a quotation, or payment instruction submitted by the buyer constitutes an offer to purchase the relevant item from Modernab, subject to these Terms & Conditions and to Modernab’s final acceptance.
An order shall be considered accepted by Modernab only when Modernab expressly confirms the order in writing, issues an invoice or order confirmation, receives full payment where required, or otherwise begins processing the order. Any automatic confirmation generated by the Website or by a payment provider shall only confirm receipt of the buyer’s request and shall not, by itself, constitute Modernab’s final acceptance of the order, unless expressly stated otherwise.
All items offered by Modernab are often unique, vintage, restored, limited in availability, or subject to prior sale. Modernab therefore reserves the right to refuse, cancel, suspend, or modify any order in case of unavailability, pricing errors, description errors, suspected fraud, payment issues, incomplete or inaccurate buyer information, customs or compliance concerns, logistical impossibility, or any other legitimate operational or legal reason.
If an item is no longer available after an order has been placed or payment has been made, Modernab will inform the buyer and may, at its discretion, offer an alternative item, propose a revised delivery or sourcing solution, or refund the amount paid for the unavailable item.
The buyer is responsible for reviewing all information relating to the order before completing the purchase, including item description, condition, dimensions, materials, photographs, price, taxes, shipping information, delivery address, billing details, and any customs or import information. Any specific requirement or restriction concerning the item, its intended use, shipping, delivery, installation, customs clearance, tax treatment, or documentation must be communicated to Modernab in writing before the order is confirmed.
Once an order has been accepted by Modernab, any change requested by the buyer may be subject to Modernab’s prior written approval and to additional costs, administrative fees, storage fees, shipping charges, customs charges, or other expenses.
2.4 Payment Methods
Unless otherwise agreed in writing, all payments shall be made in the currency indicated on the Website, in the relevant quotation, invoice, order confirmation, or other written communication issued by Modernab. Payments shall be made through the payment methods made available by Modernab from time to time, including, where available, Shopify Payments, credit or debit cards, digital payment solutions, or bank wire transfer.
Modernab may update, limit, suspend, or remove one or more payment methods at any time, depending on technical, operational, security, compliance, fraud prevention, or payment provider requirements. The availability of a payment method on the Website does not guarantee that such method will be available for every order, buyer, destination, or transaction amount.
For card payments and other electronic payments, the transaction may be processed by third-party payment providers. Modernab does not store full payment card details and is not responsible for delays, refusals, holds, verification requests, chargebacks, fees, or other actions taken by banks, card issuers, payment processors, Shopify, or other payment service providers.
For payments by bank wire transfer, the order shall not be processed, reserved, packed, restored, dispatched, or otherwise fulfilled until Modernab has received the full cleared amount. Any bank fees, intermediary bank charges, currency conversion costs, transfer fees, or deductions applied by the buyer’s bank or by intermediary banks shall be borne exclusively by the buyer. If Modernab receives an amount lower than the total amount due, the buyer shall remain responsible for paying the outstanding balance before the order can be processed.
The buyer shall not initiate any chargeback, payment dispute, reversal, or payment cancellation without first contacting Modernab in writing and allowing Modernab a reasonable opportunity to review and address the issue. Any abusive, fraudulent, or unjustified chargeback may result in cancellation of the order, suspension of further transactions, recovery of any costs, fees, penalties, legal expenses, or losses incurred by Modernab, and any other remedy available under applicable law.
Payment of the purchase price, whether full or partial, constitutes acceptance of these Terms & Conditions.
3. SHIPPING & DELIVERY
Modernab ships worldwide via professional logistics partners, subject to carrier availability, destination restrictions, customs requirements, sanctions, export control rules, import restrictions, and any other legal, logistical, or compliance limitation applicable to the relevant destination. Items may also be collected personally or through authorized third parties at Modernab’s premises.
All shipping costs, customs duties, import taxes, brokerage fees, administrative charges, insurance costs, handling fees, storage costs, and any other costs connected with shipment, delivery, customs clearance, importation, or collection are the sole responsibility of the buyer unless otherwise agreed in writing.
The buyer is responsible for providing complete, accurate, and up-to-date shipping information before dispatch. Modernab shall not be responsible for delays, additional costs, failed deliveries, customs issues, storage charges, penalties, or any other consequence resulting from inaccurate, incomplete, late, or modified information provided by the buyer.
3.1 Standard Lead Time for Dispatch
Unless explicitly stated otherwise in writing, the standard timeframe for preparing, packing, and dispatching any purchased item is 3–4 weeks from the date full payment is received.
If Modernab becomes aware that it will not be able to dispatch the item within the stated timeframe, Modernab will inform the buyer and, where possible, provide a revised estimated dispatch date. Where required by applicable mandatory law, the buyer will be offered the option to consent to the delayed dispatch or to cancel the order and receive a refund for the unshipped item.
3.2 Showroom Orders
Items purchased directly from Modernab’s physical showroom will be ready for pickup or dispatch within 5 to 10 business days from the date full payment is received.
This includes final cleaning, inspection, documentation, replacement, packing arrangements, and logistics coordination.
Minor variations or delays within this window do not constitute grounds for cancellation, refund, compensation, or any claim, unless otherwise required by applicable mandatory law.
3.3 Storage Terms
Storage is free of charge for the first 60 days from the date of full payment. After 60 days, storage fees of EUR 20 per day shall apply, unless otherwise agreed in writing.
No insurance during storage is provided unless expressly purchased by the buyer or otherwise agreed in writing.
If shipping, pickup, or collection is not arranged within 180 days from the date of full payment, the goods may be considered abandoned, where required or reasonably practicable after prior written notice to the buyer, to the fullest extent permitted by applicable law. In such case, Modernab reserves the right to resell, dispose of, or otherwise manage the goods, without prejudice to its right to recover storage fees, administrative costs, shipping costs, handling costs, and any other costs or losses incurred.
3.4 Risk of Loss, Insurance and Shipping Damage
Unless Modernab expressly agrees in writing to a destination delivery term, shipments to business buyers, professional buyers, galleries, dealers, interior designers, companies, and other commercial operators shall be treated as shipment contracts. Accordingly, for such buyers, the risk of loss of or damage to the item passes to the buyer when the item is duly handed over to the carrier, freight forwarder, logistics provider, customs broker, or other shipping agent.
For consumer buyers, the risk of loss of or damage to the item shall pass in accordance with applicable mandatory consumer protection laws. Where such laws so require, the risk shall pass to the consumer buyer only when the consumer buyer, or a third party indicated by the consumer buyer other than the carrier, acquires physical possession of the item. If the consumer buyer independently commissions a carrier not offered or arranged by Modernab, the risk may pass when the item is handed over to such carrier, to the extent permitted by applicable law.
Unless otherwise expressly agreed in writing, shipment is arranged through professional third-party logistics providers, carriers, freight forwarders, customs brokers, or other shipping agents. Modernab is not the carrier and does not control the timing, handling, routing, customs clearance, storage, inspection, or delivery operations performed by such third parties.
The buyer is strongly advised to purchase adequate transport insurance covering the full value of the item, including international shipment, customs handling, storage, and final delivery. If the buyer declines, fails to request, or fails to pay for such insurance, the shipment may travel uninsured or with only the limited liability coverage provided by the carrier, freight forwarder, or logistics provider, if any.
Upon delivery, the buyer must carefully inspect the packaging and, where reasonably possible, the item before accepting the shipment. Any visible damage, tampering, missing package, broken packaging, wet packaging, impact mark, or other irregularity must be noted immediately on the carrier’s delivery document and reported to Modernab in writing without delay, together with photographs of the packaging, labels, item, and alleged damage.
If damage is discovered after delivery, the buyer must preserve the item, the original packaging, labels, and all shipping materials, and must promptly provide Modernab with all information and evidence reasonably necessary to assess the issue and, where applicable, submit a claim to the carrier, freight forwarder, logistics provider, or insurer.
Modernab will reasonably cooperate with the buyer in connection with any shipping damage claim, insurance claim, or carrier claim. However, Modernab shall not be liable for damage, loss, delay, customs issues, storage charges, mishandling, failed delivery, or any act or omission of carriers, logistics providers, freight forwarders, customs brokers, customs authorities, insurers, or other third parties, except to the extent required by mandatory applicable law.
3.5 No Liability for Delays
Shipping and delivery times are estimates only, unless expressly stated as binding in writing.
Delays caused by logistics providers, customs authorities, import procedures, documentation requests, inspections, force majeure events, or other circumstances outside Modernab’s reasonable control do not justify cancellation, refund, return, compensation, chargeback, refusal of delivery, or any claim, unless otherwise required by mandatory applicable law.
Modernab shall not be responsible for any indirect, incidental, consequential, or commercial loss arising from delayed shipment or delivery, including, without limitation, loss of business, loss of profit, loss of opportunity, project delays, installation delays, event delays, or additional costs incurred by the buyer or by third parties.
4. OBJECT CONDITION & USE
Most items are vintage, restored, pre-owned, collectible, or otherwise unique items. They may show signs of age, prior use, restoration, conservation, patina, wear, marks, repairs, variations, irregularities, or other characteristics consistent with their age, history, materials, and previous use.
Except to the extent required by applicable mandatory law, no guarantee is given as to the future lifespan, durability, performance, resistance, or continued functionality of any item. Age-related wear, patina, minor imperfections, restoration marks, variations in materials, and signs consistent with vintage or restored objects shall not be considered defects, provided that they are consistent with the item’s description, age, condition, and nature.
Modernab provides information on the condition, provenance, restoration, dimensions, materials, and other characteristics of the items to the best of its knowledge and based on the information reasonably available at the time of sale. The buyer is responsible for reviewing all descriptions, photographs, condition information, measurements, and written communications before placing an order or making payment.
Unless explicitly approved in writing by Modernab, the items are intended for ordinary residential, decorative, or collectible use only. Modernab is not liable for issues arising from non-residential, commercial, public, hospitality, exhibition, rental, staging, outdoor, structural, heavy-duty, or otherwise unusual use.
The buyer is solely responsible for verifying that the purchased item is suitable for the buyer’s intended use, installation environment, applicable local rules, safety requirements, building codes, accessibility requirements, fire safety rules, load-bearing requirements, and any other legal, technical, or practical requirement applicable in the buyer’s jurisdiction.
To the fullest extent permitted by applicable law, and without limiting any non-waivable rights or remedies available to consumer buyers under applicable mandatory law, all items are sold “as is,” “with all faults,” and without any implied warranties. Modernab expressly disclaims any implied warranty of merchantability, fitness for a particular purpose, non-infringement, condition, durability, performance, suitability, or future functionality.
No statement, description, photograph, condition report, email, or communication shall create any warranty unless expressly identified as a written warranty and signed or expressly confirmed in writing by Modernab. Nothing in this clause shall limit any non-waivable rights or remedies available to the buyer under applicable mandatory law.
All measurements, weights, dimensions, colors, materials, finishes, historical references, periods, attributions, and descriptions provided by Modernab are given in good faith and are intended to be as accurate as reasonably possible.
However, due to the nature of vintage and restored items, minor variations, tolerances, irregularities, signs of use, restoration differences, color changes, patina, fading, material aging, and structural or aesthetic variations may occur and shall not constitute defects or grounds for cancellation, return, refund or compensation, provided that they are consistent with the item’s description, age, condition, and nature.
Photographs are provided for illustrative and informational purposes. Colors, tones, textures, finishes, reflections, and proportions may appear differently depending on lighting conditions, screen settings, device calibration, photography angle, image resolution, or other technical factors.
5. RETURN POLICY, RIGHT OF WITHDRAWAL AND LEGAL GUARANTEE OF CONFORMITY
This Article governs the return policy, the right of withdrawal, where applicable, and the legal guarantee of conformity or any other mandatory consumer remedy provided by applicable law.
This Article applies without prejudice to any mandatory rights, remedies, legal guarantees, consumer guarantees, conformity rights, withdrawal rights, cancellation rights, or other protections available to consumer buyers under the applicable laws of their country, State, province, or jurisdiction of residence. Where the applicable national law provides more favorable or non-waivable rights to the consumer buyer, those rights shall prevail.
The right of withdrawal is the right of a consumer buyer to withdraw from the purchase contract without giving any reason, within the period and under the conditions provided by applicable mandatory law. If the buyer purchases as a business buyer, professional, gallery, dealer, interior designer, company, or other commercial operator, the right of withdrawal does not apply, unless otherwise expressly agreed in writing by Modernab or required by applicable mandatory law.
Where applicable, and provided that no statutory exception applies, the consumer buyer may withdraw from the contract within fourteen (14) calendar days, or within any longer period provided by the applicable mandatory law, without giving any reason and without incurring costs other than those provided for in this Article or by applicable law.
Unless a longer period is provided by applicable mandatory law, the withdrawal period expires after fourteen (14) calendar days:
– in the case of an order for a single item, from the day on which the consumer buyer, or a third party designated by the consumer buyer other than the carrier, acquires physical possession of the item;
– in the case of multiple items ordered together and delivered separately, from the day on which the consumer buyer, or a third party designated by the consumer buyer other than the carrier, acquires physical possession of the last item;
– in the case of an item delivered in multiple lots or pieces, from the day on which the consumer buyer, or a third party designated by the consumer buyer other than the carrier, acquires physical possession of the last lot or piece.
To exercise the right of withdrawal, the consumer buyer must inform Modernab, before the expiry of the applicable withdrawal period, of the decision to withdraw from the contract. The notice must be sent in writing to the contact details indicated in these Terms & Conditions or through any other withdrawal method made available by Modernab. The withdrawal right is exercised within the applicable period if the notice is sent before the withdrawal period expires.
Unless otherwise required by applicable mandatory law, the direct costs of returning the item shall be borne by the consumer buyer, as well as the responsibility for the return shipment. In case of withdrawal, the item must be returned to Modernab’s premises or to any different return address communicated in writing by Modernab.
If the withdrawal right is validly exercised and applicable, Modernab shall refund the amounts received from the consumer buyer, including standard delivery costs where required by applicable law, without undue delay and in any event within the timeframe required by applicable mandatory law. Unless otherwise agreed, the refund will be made using the same payment method used for the initial transaction. Modernab may withhold the refund until it has received the returned item or until the consumer buyer has provided evidence of having returned it, whichever occurs first, unless otherwise required by applicable mandatory law.
The consumer buyer is responsible only for any diminished value of the item resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the item. The item must be handled, inspected, kept, packed, and returned with due care and, where reasonably possible, in the same condition in which it was received, complete with any accessories, documents, labels, certificates, components, and original or suitable protective packaging. The withdrawal applies to the item in its entirety and may not be exercised only in relation to parts or accessories of the item, unless otherwise required by applicable mandatory law.
If the returned item has suffered a decrease in value due to handling other than what is necessary to establish its nature, characteristics, and functioning, Modernab reserves the right to deduct from the refund an amount corresponding to such diminished value, to the fullest extent permitted by applicable law. If the withdrawal has not been exercised in accordance with applicable law or with this Article, it shall not result in termination of the contract and shall not entitle the buyer to a refund, except where otherwise required by applicable mandatory law.
The right of withdrawal may be excluded or limited in the cases provided by applicable mandatory law. In particular, to the fullest extent permitted by applicable law, the right of withdrawal shall not apply to items made to measure, clearly personalized, made or modified according to the buyer’s specifications, restored-to-order, specially commissioned, or otherwise prepared on the basis of specific buyer instructions, where the applicable law allows such exclusion.
Returns outside the statutory right of withdrawal are accepted only in case of objective and material discrepancies between the item received and the written description expressly provided by Modernab before the sale, or in case of proven shipping damage, subject to the conditions set out in these Terms & Conditions and to any applicable mandatory law.
Any return, withdrawal, cancellation, conformity, damage, or refund request must be submitted in writing and supported, where reasonably applicable, by clear explanations, photographs, videos, delivery documents, packaging images, and any other evidence reasonably requested by Modernab. The buyer bears the burden of proof, except where otherwise provided by applicable mandatory law.
The buyer must not return any item without Modernab’s prior written authorization, except where otherwise required by applicable mandatory law. Unauthorized returns may be refused and returned to the buyer at the buyer’s cost and risk, to the fullest extent permitted by applicable law.
Unless otherwise required by applicable mandatory law, the buyer shall bear all return-related costs, including, without limitation, packing, insurance, transport, customs, import/export duties, brokerage fees, storage, handling, administrative costs, and any loss or damage occurring during return shipment.
A restocking fee equal to twenty-five percent (25%) of the purchase price may be applied to any authorized return, unless the return is due to an objective and material error attributable to Modernab, a lack of conformity, a defect, proven shipping damage for which Modernab is legally responsible, the valid exercise of a statutory consumer right, or unless otherwise required by applicable mandatory law.
Modernab is liable to consumer buyers for any lack of conformity, defect, statutory warranty, legal guarantee, consumer guarantee, or other mandatory remedy provided by the applicable law.
The legal guarantee of conformity, where applicable, is reserved for consumer buyers and applies only to purchases made for purposes unrelated to any business, trade, craft, commercial, or professional activity. In case of lack of conformity, the consumer buyer may be entitled, depending on the applicable mandatory law, to repair, replacement, price reduction, refund, termination of the contract, or any other remedy provided by law.
Where applicable, Modernab shall be liable to the consumer buyer for any lack of conformity of the item that becomes apparent within two (2) years from delivery, unless a different period is provided by the applicable law in the consumer buyer’s country, State, province, or jurisdiction of residence. Where permitted by applicable law, taking into account the vintage, restored, pre-owned, collectible, or unique nature of the items sold by Modernab, the duration or scope of statutory conformity rights for used goods may be limited to twelve (12) months or to the minimum period permitted by law, provided that such limitation is validly agreed with the consumer buyer. Where no such limitation is permitted, the full mandatory statutory period shall apply.
The burden of proof, limitation periods, remedies, procedures, and conditions relating to the legal guarantee of conformity, statutory warranty, consumer guarantee, or any other mandatory consumer remedy shall be governed by the applicable mandatory law.
Modernab shall not be liable for defects, damage, diminished value, or lack of conformity resulting from improper use, abnormal use, unsuitable installation, inadequate maintenance, unauthorized repair or alteration, failure to comply with care or handling instructions, use inconsistent with the item’s nature, age, materials, condition, or intended decorative or residential use, or from circumstances beyond Modernab’s reasonable control, except where otherwise required by applicable mandatory law.
If the buyer purchases as a business buyer, professional, gallery, dealer, interior designer, company, or other commercial operator, the consumer right of withdrawal and the consumer legal guarantee of conformity do not apply. In such cases, any warranty, defect, return, refund, cancellation, or remedy shall be governed exclusively by these Terms & Conditions, by any specific written agreement with Modernab, and by the applicable law governing the transaction. Any return by a business buyer or professional buyer is subject to Modernab’s prior written approval, unless otherwise required by applicable mandatory law.
Shipping delays, customs delays, carrier delays, import procedures, additional taxes, duties, brokerage fees, tariffs, or other charges imposed by authorities or third parties are not grounds for return, cancellation, refund, compensation, chargeback, or refusal of delivery, unless otherwise required by applicable mandatory law.
Any refund, if approved or required by applicable mandatory law, will be processed after Modernab has received and inspected the returned item, unless otherwise required by applicable mandatory law. Modernab may deduct any applicable restocking fee, repair cost, diminished value, missing component, unpaid charge, shipping cost, customs cost, storage fee, administrative fee, or other amount legally chargeable to the buyer, to the fullest extent permitted by applicable law.
6. HIRES
Where items are made available for hire, loan, staging, exhibition, photo shooting, filming, display, or any similar temporary use, the hirer shall be fully responsible for the item from the moment of pickup, delivery, or handover until its actual return to Modernab.
The hirer shall keep the item in proper condition, use it only for the agreed purpose, and protect it against loss, theft, damage, alteration, improper handling, excessive wear, weather exposure, or unauthorized third-party use.
Late returns shall be subject to a fee of EUR 100 per day, or the equivalent amount in the currency of the relevant hire, loan, or temporary use agreement, without prejudice to Modernab’s right to claim any further loss, damage, cost, or expense, to the fullest extent permitted by applicable law
7. AUTHENTICITY
Modernab conducts reasonable due diligence on the items it offers, based on the information available at the time of sale, including, where appropriate, provenance, documentation, market references, restoration history, visual assessment, third-party information, or specialist opinions.
Any attribution, historical reference, period, designer, manufacturer, provenance, or authenticity statement is provided in good faith and according to Modernab’s reasonable knowledge at the time of sale.
Modernab shall not be liable for subsequent academic, market, expert, archival, or institutional re-attributions, changes of opinion, or developments in scholarship or authentication standards.
8. INTELLECTUAL PROPERTY
All images, photographs, descriptions, texts, layouts, graphics, logos, trademarks, trade names, videos, catalogues, product content, and other materials created or used by Modernab are the exclusive property of Modernab or its licensors.
No content may be copied, reproduced, published, distributed, modified, used for commercial purposes, or otherwise exploited without Modernab’s prior written consent.
9. LIMITATION OF LIABILITY
Modernab shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including, without limitation, loss of profit, loss of business, loss of opportunity, loss of enjoyment, project delays, installation costs, replacement costs, or claims by third parties.
Modernab’s total liability arising out of or in connection with any sale, item, order, hire, shipment, or transaction shall in any event be limited to the amount actually paid by the buyer for the specific item giving rise to the claim, unless otherwise required by mandatory applicable law.
10. FORCE MAJEURE
Modernab shall not be responsible for any delay, non-performance, partial performance, loss, damage, or additional cost caused by events beyond its reasonable control.
Such events include, without limitation, acts of God, natural disasters, fire, flood, war, terrorism, civil unrest, strikes, labor disputes, epidemics, pandemics, transport disruptions, customs delays, import or export restrictions, governmental actions, embargoes, supply chain disruptions, carrier failures, technical failures, or any other event beyond Modernab’s reasonable control.
11. GOVERNING LAW, JURISDICTION AND OUT-OF-COURT DISPUTE RESOLUTION
Contracts of purchase, hire, quotation, shipment, payment, or any other transaction concluded with Modernab through the Website or through any other sales or communication channel are governed by these Terms & Conditions and, where applicable, by Italian law and the Italian Consumer Code, without prejudice to any mandatory and more favorable provisions applicable to consumer buyers under the laws of their country, State, province, or jurisdiction of residence. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
In the case of a consumer buyer, for any dispute relating to the application, execution, interpretation, validity, termination, or enforcement of these Terms & Conditions or of any transaction with Modernab, the competent court shall be determined in accordance with the applicable mandatory consumer protection laws. Where such laws provide that the competent court is the court of the place where the consumer buyer resides or has elected domicile, such court shall have jurisdiction. In the case of a business buyer, professional, gallery, dealer, interior designer, company, or other commercial operator, the courts of Vicenza, Italy, shall have exclusive jurisdiction over any dispute relating to the application, execution, interpretation, validity, termination, or enforcement of these Terms & Conditions or of any transaction with Modernab, unless otherwise required by applicable mandatory law.
Modernab informs the buyer who has the status of consumer that, in the event that the consumer buyer has submitted a complaint directly to Modernab and it has not been possible to resolve the dispute amicably, Modernab will provide, where required by applicable law, information on the Alternative Dispute Resolution body or bodies competent or available for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these Terms & Conditions, specifying whether or not Modernab intends to make use of such body or bodies to resolve the dispute.
In any case, the right of the consumer buyer to refer the dispute arising from these Terms & Conditions to the competent ordinary court shall not be affected, whatever the outcome of any out-of-court dispute resolution procedure available under applicable consumer protection laws.
Where applicable, a consumer buyer residing in a Member State of the European Union other than Italy may also access, for any dispute relating to the application, execution, or interpretation of these Terms & Conditions, the European Small Claims Procedure established by Regulation (EC) No. 861/2007, provided that the dispute falls within its scope and value limits.
12. SEVERABILITY
If any provision of these Terms & Conditions is held to be invalid, unlawful, or unenforceable, such provision shall be interpreted, limited, or replaced to the minimum extent necessary to make it valid and enforceable.
The invalidity or unenforceability of one provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
13. NO ASSIGNMENT
The buyer may not assign, transfer, delegate, or otherwise dispose of any rights or obligations arising out of these Terms & Conditions, any order, sale, hire, or transaction without Modernab’s prior written consent, unless otherwise required by applicable mandatory law.
Modernab may assign or transfer its rights and obligations where necessary in connection with business operations, corporate transactions, debt collection, payment processing, logistics, or legal compliance, provided that such assignment or transfer does not prejudice any non-waivable rights available to consumer buyers under applicable mandatory law.
14. LEGAL FEES
If Modernab prevails in any dispute, claim, collection action, chargeback proceeding, arbitration, mediation, litigation, or enforcement action arising out of or in connection with these Terms & Conditions, any order, sale, hire, payment, shipment, or transaction, Modernab shall be entitled to recover its reasonable legal fees, court costs, expert fees, collection costs, administrative costs, and any other related expenses, to the fullest extent permitted by applicable law.
Nothing in this Article shall limit any non-waivable rights or protections available to consumer buyers under applicable mandatory law, nor shall it require a consumer buyer to bear costs or expenses that cannot be charged to the consumer under such law.
15. CUSTOMER SERVICE / NOTICES
Any notice, complaint, return request, shipping issue, payment issue, or other communication relating to these Terms & Conditions or to any transaction with Modernab must be sent in writing to info@modernabgallery.com or to the contact details indicated in Article 1. The buyer must include the order number, buyer details, item description, and a clear explanation of the issue.