Terms & Conditions

  1. CONTRACT TERMS

These terms and conditions constitute an integral part of any offer made by Modern Furniture Pro ( Vito Italia Inc). (together with its subsidiaries, “Modern Furniture Pro ( Vito Italia Inc) “) to sell products (“Products”) to Purchaser and shall govern the sale of the products. Modern Furniture Pro ( Vito Italia Inc)  objects to any additional or different terms.

  1. ACCEPTANCE

An order shall be binding on Modern Furniture Pro ( Vito Italia Inc)  only after an order confirmation has been issued by Modern Furniture Pro ( Vito Italia Inc) . Acceptance is expressly made conditional on purchaser’s acceptance of these terms and conditions. Any variation in these terms and conditions (including, but not limited to, the inclusion of Purchaser’s own terms and conditions of purchase on any purchase order issued by Purchaser in response to and/or referencing Modern Furniture Pro ( Vito Italia Inc) ‘s quotation) shall not be deemed to be a part of the terms of sale of the Products to Purchaser and shall not be binding upon Modern Furniture Pro ( Vito Italia Inc) , and acceptance of delivery of the Products shall constitute Purchaser’s acceptance of Modern Furniture Pro ( Vito Italia Inc) ‘s terms and conditions.

  1. PRODUCT SPECIFICATION

All dimensions in the product specification made available to Purchaser are approximate, and all photographs are for illustrative purpose only and may not match exactly to the product itself. Photographs do not comprise any contractual warranty on the part of the Modern Furniture Pro ( Vito Italia Inc)  and should not be relied upon by the Purchaser or end user as an exact representation of the products.

  • Modern Furniture Pro ( Vito Italia Inc) primarily deals in furniture manufactured in genuine leather and genuine wood veneer. Genuine wood veneer will vary in colors and contains natural characteristics such as knots and graining. This is a result of using natural materials in the manufacturing process and is not considered defect. Similarly, fabrics and leather may vary in color from store samples due to variation in dye lots. Genuine leather contains natural characteristics like stretch marks, natural marks, colors variations, and natural grain variations (in some grades); these are not defects, but proof of authentic natural genuine leather.4.1 ORDERS
  • Orders are subject to the acceptance of Modern Furniture Pro ( Vito Italia Inc) with the insurance of formal order confirmation.

4.CANCALATION OF ORDER

Custom ordered furniture and accessories are manufactured based on the unique configuration preferences. Hence, cancelations after three days of placing the order will result in a 50% re-stocking fee.

  1. TAXES
  • Any sales, use, or manufacturer’s tax which may be imposed upon the sale or use of Products, or any property tax levied after readiness to ship, or any excise tax, license or similar fee required with respect to the sale of products to Purchaser herewith shall be in addition to the quoted prices and shall be paid by Purchaser. In a wholesale-only transaction where merchandise is to be resold, sales tax or other taxes to be collected and reported are the responsibilities of the customer/reseller. Resale certificate must be submitted to Modern Furniture Pro ( Vito Italia Inc) .
  1. FINAL PAYMENT

All balances are due in full, including shipping cost when applicable, before products are released for shipping with absolutely no exceptions. If payment is not made within 30 days from the date of the final invoice, Modern Furniture Pro ( Vito Italia Inc)  reserves the right to transfer the products to storage with the costs of transfer and storage to be charged to the Purchaser. The Purchaser bears the risk of loss or damage and all costs incurred by such transfer and storage. In the event the balance is not paid within 30 days, the deposit paid by the purchaser will be forfeited and the Products will become the sole property of Modern Furniture Pro ( Vito Italia Inc)  with no refund of deposit entitled, unless agreed to in written terms and accepted by Modern Furniture Pro ( Vito Italia Inc) .

  1. PARTIAL SHIPMENTS

Modern Furniture Pro ( Vito Italia Inc)  reserves the right to make partial shipments as products are ready, and invoices covering these shipments are to be paid as they become due.

  1. INSPECTION

Final inspection shall be at the ship to delivery site indicated on the order confirmation. Any perceived defects must be reported to Modern Furniture Pro ( Vito Italia Inc)  upon Products arriving at the delivery site. Freight claims are the responsibility of Modern Furniture Pro ( Vito Italia Inc) . Modern Furniture Pro ( Vito Italia Inc)  reserves the right to determine the validity of alleged manufacturing defects and their ultimate resolutions. All original packaging must be available and all signed freight/air bills must be supplied immediately to Modern Furniture Pro ( Vito Italia Inc)  as well as photographs of the damages.

  1. DAMAGE CLAIMS

Before accepting Products from the carrier, Purchaser is strongly encouraged to examine the shipment carefully. If there is any visible damage to the shipment, Purchaser will make a notation on the bill of lading before signing his or her name. Claims for damage or shortage by delivery carrier should be filed with the carrier by the purchaser within 7 days of delivery. Purchaser is protected for “concealed damage” only if he/she filed a claim with his/her carrier within 7 days from receipt of the Products. Failure to do so will constitute full acceptance of the Products.

No claim of any kind, whether as to the Products delivered or for non- delivery of Products, and whether based on negligence or otherwise, shall be greater in amount than the purchase price of the Products in respect of which such damages are claimed. Failure to give notice of claim within 7 days of delivery or the date fixed for delivery, as the case may be, shall constitute a waiver by the Purchaser of all claims in respect of such Products. The remedy provided herein shall be the exclusive and, sole remedy of Purchaser, and is subject to Section 13 below.

  1. RETURNS
  • No return of products will be accepted without prior written consent and return shipping instructions from Modern Furniture Pro ( Vito Italia Inc) . Unauthorized returns will be refused and returned freight collect. Modern Furniture Pro ( Vito Italia Inc) reserves the right to demand photographs of damaged Products and the right to choose a qualified representative to make an inspection of the Products to be returned. Purchaser will contact Modern Furniture Pro ( Vito Italia Inc)  within 3 days of the delivery to receive a return authorization (RA) number in order to arrange for returns. All returns are accepted with a 20% restocking fee. With respect to Products damaged on the shipment, such damaged items must be in their original packaging, including all original packing materials.
  • There will be no reimbursement of shipping charges to or from Modern Furniture Pro ( Vito Italia Inc) for any return.
  1. LIMITED PRODUCT WARRANTY

Modern Furniture Pro ( Vito Italia Inc)  warrants to the Purchaser or, for Products purchased from a Modern Furniture Pro ( Vito Italia Inc)  authorized reseller, to the original end-user that the Products, subject to Section 5 above, will conform to the Modern Furniture Pro ( Vito Italia Inc)  written product specifications that was made available to the Purchaser from the date of shipment for 30 days from the date of shipment. Or/if longer, the period stated in the written product specifications during the warranty period, Modern Furniture Pro ( Vito Italia Inc)  will, at its option: (1) replace the Product with a comparable Product, or (2) refund the amount Purchaser paid for the Product upon its return. The foregoing states Purchaser’s sole and exclusive remedy, and Modern Furniture Pro ( Vito Italia Inc) ‘s sole and exclusive obligation, with respect to a breach of the warranty set forth above. In order to receive the benefit of this warranty, Purchaser must follow Modern Furniture Pro ( Vito Italia Inc) ‘s warranty processes. Purchaser is responsible for properly packaging the Product, paying all shipping costs, loss or damage to the product during shipping, and any other taxes, fees or charges associated with transporting the product to Modern Furniture Pro ( Vito Italia Inc) ‘s service facility. Purchasing additional Products from Modern Furniture Pro ( Vito Italia Inc)  does not extend Purchaser’s warranty period. If Modern Furniture Pro ( Vito Italia Inc)  asks purchaser to return defective Products, Purchaser will do so within 7 days after receipt of the replacement Products; Modern Furniture Pro ( Vito Italia Inc)  will charge Purchaser for replacement products if Purchaser fails to do so. THIS LIMITED WARRANTY COVERS NORMAL USE. MODERN FURNITURE PRO ( VITO ITALIA INC)  DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF MODERN FURNITURE PRO ( VITO ITALIA INC)  BRANDED PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER NON-MODERN FURNITURE PRO ( VITO ITALIA INC)  BRANDED PRODUCTS. ANY WARRANTY APPLICABLE TO NON-MODERN FURNITURE PRO ( VITO ITALIA INC)  BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER.

  1. DISCLAIMER OF WARRANTIES

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MODERN FURNITURE PRO ( VITO ITALIA INC)  DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED IS LIMITED TO ONE YEAR.

  1. LIMITATION OF LIABILITY

MODERN FURNITURE PRO ( VITO ITALIA INC) ‘S MAXIMUM LIABILITY TO PURCHASER IS LIMITED TO THE PURCHASE PRICE PAID FOR THE APPLICABLE MODERN FURNITURE PRO ( VITO ITALIA INC)  BRANDED PRODUCT(S). IN NO EVENT SHALL MODERN FURNITURE PRO ( VITO ITALIA INC)  BE LIABLE TO PURCHASER FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

THIS AGREEMENT GIVES PURCHASER SPECIFIC LEGAL RIGHTS, AND PURCHASER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO PURCHASER.

  1. DESIGN

All designs and images shown in Modern Furniture Pro ( Vito Italia Inc)  catalogs or otherwise are marketing materials and are the sole property of Modern Furniture Pro ( Vito Italia Inc) , its parent and affiliates. Such designs and images may not be duplicated or copied.

  1. GENERAL

The sale of the Products and this terms and conditions form shall be interpreted under the laws of the state of Pennsylvania, without giving effect to conflicts of law rules. The waiver by Modern Furniture Pro ( Vito Italia Inc)  of any breach or failure by Modern Furniture Pro ( Vito Italia Inc)  to enforce any of the terms or conditions contained herein shall not in any way affect, limit or prevent Modern Furniture Pro ( Vito Italia Inc) ‘s right thereafter to enforce and compel strict compliance with each and every term or condition contained herein.