Terms & Conditions

SECTION 1 - AGREEMENT TO THESE TERMS

These Terms & Conditions govern your access to the Modern State website and purchases made through the online store. “Modern State,” “we,” “us,” and “our” refer to Modern State Corporation, which operates the website under the Modern State name and is the seller identified in applicable order records.

By using the website, creating an account, or placing an order, you agree to these Terms and the policies incorporated into them, including the Privacy Policy, Return & Refund Policy, and the policy for your selected fulfillment method. At checkout, you must affirmatively accept the current Terms, Privacy Policy, and Return & Refund Policy before payment. If you do not agree, do not use the website or place an order. These Terms do not limit any right or remedy that cannot be waived under applicable law.

SECTION 2 - ONLINE STORE ELIGIBILITY AND ACCOUNTS

You must be legally capable of entering into a binding purchase in your place of residence. If you use the website for another person or organization, you confirm that you are authorized to act for them.

You are responsible for providing accurate, current information and for safeguarding access to your email and account. Notify us promptly if you believe your account or an order has been used without authorization. We may restrict or suspend an account when reasonably necessary to investigate fraud, security threats, abuse, or a violation of these Terms. Account restriction does not eliminate our obligation to provide required order records, refunds, or other remedies.

SECTION 3 - PRODUCTS AND STORE INFORMATION

We try to present products accurately. Images, colors, dimensions, packaging, ingredients, manufacturer details, and other descriptions may differ from the item received because of display settings or manufacturer changes. Information on the website is not a substitute for product labels, warnings, instructions, or professional advice. Review the physical product information before use, especially for food, health, age-restricted, or safety-sensitive merchandise.

Product availability, fulfillment eligibility, and purchase limits may change without notice. We may correct typographical, catalog, inventory, or pricing errors before accepting or fulfilling an order.

SECTION 4 - PRICES, PAYMENT, TAXES, AND PROMOTIONS

Prices are shown in U.S. dollars unless stated otherwise. Current prices, discounts, taxes, fulfillment charges, and the final total are calculated or revalidated during checkout. Payments are processed through Square, and Modern State does not store your full card number. By submitting payment, you confirm that you are authorized to use the selected payment method and authorize the amount shown immediately before payment.

Promotions are subject to their displayed dates, eligible products, minimums, usage limits, and other disclosed conditions. Unless expressly stated, promotions cannot be combined, transferred, redeemed for cash, or applied after purchase. If a promotion conflicts with these Terms, the promotion's disclosed terms control only for that promotion.

SECTION 5 - ORDERS, ACCEPTANCE, AND CANCELLATIONS

Adding an item to a cart, submitting an order, or receiving an automated acknowledgment does not mean that we accepted the order. Acceptance occurs only when we confirm the order for fulfillment or otherwise expressly accept it.

We may reject or cancel an order before fulfillment when merchandise is unavailable, required information is invalid, fraud or misuse is reasonably suspected, a catalog or pricing error occurred, a purchase limit applies, or fulfillment cannot safely or lawfully be completed. If we cancel a paid order, we will notify you and return the amount charged for the cancelled merchandise and any applicable unprovided fulfillment service to the original payment method.

Contact the store promptly if you want to request cancellation. Cancellation is not guaranteed after preparation, reservation, transfer, personalization, dispatch, or shipment begins.

SECTION 6 - PICKUP, LOCAL DELIVERY, AND SHIPPING

Each order uses one fulfillment method: pickup, local delivery, or shipping. The available method, location, date, window, rate, and fee shown during checkout apply only to that order and may be revalidated before payment. The Pickup Policy, Local Delivery Policy, and Shipping Policy are incorporated into these Terms when the corresponding method applies.

Pickup and delivery times are estimates unless we expressly identify a guaranteed commitment. You must provide accurate contact, recipient, access, and address information. Incorrect information, unsafe conditions, carrier disruption, building-access problems, weather, and events outside our reasonable control may affect fulfillment, but nothing in this section limits rights provided by law.

If we cannot ship merchandise within the promised time, or within the period required by law when no time was promised, we will provide any legally required delay notice and cancellation or refund option. We will not replace a required refund with store credit unless you choose store credit where permitted.

SECTION 7 - RETURNS, REFUNDS, AND FINAL SALE

The Return & Refund Policy displayed near products and before payment is incorporated into these Terms and controls return eligibility, deadlines, proof-of-purchase requirements, return-label charges, original fulfillment charges, refund methods, and final-sale treatment.

Merchandise marked Final sale or As is cannot be returned for preference reasons. A Final sale or As is label does not prevent review of a timely claim involving damaged, defective, incomplete, incorrect, misrepresented, or unlawfully sold merchandise. Approved refunds are sent to the original payment method unless applicable law requires or permits another remedy.

SECTION 8 - CUSTOMER COMMUNICATIONS AND SUBMISSIONS

You may submit reviews, support messages, return reasons, photographs, documents, delivery instructions, or other content only when it is accurate, lawful, relevant, and yours to provide. Do not submit content that infringes another person's rights, contains malicious code, or includes payment-card details, passwords, verification codes, or unrelated sensitive information.

You retain ownership of your submissions. You give us a limited, non-exclusive license to store, reproduce, review, and share them only as reasonably necessary to operate the service, provide support, investigate an order or return, prevent fraud, comply with law, or establish and defend legal claims. Our handling of personal information is governed by the Privacy Policy. We do not obtain a right to use private support or return evidence for unrelated public advertising through this clause.

SECTION 9 - ACCEPTABLE USE

You may use the website only for lawful personal shopping and legitimate account or order management. You may not interfere with security or operation; introduce malware; scrape or automate abusive requests; attempt unauthorized access; impersonate another person; submit false information; evade purchase limits; misuse promotions, refunds, or chargebacks; or use the website to violate law or another person's rights.

We may block activity or suspend access when reasonably necessary to protect customers, the website, service providers, or the business. We may preserve and disclose relevant records as described in the Privacy Policy and as permitted or required by law.

SECTION 10 - INTELLECTUAL PROPERTY

The website's original text, graphics, design, software, branding, and other content are owned by Modern State or used with permission and are protected by applicable intellectual-property laws. We grant you a limited, revocable, non-transferable right to access the website for personal shopping. No other license is granted. Product names and third-party marks remain the property of their respective owners.

SECTION 11 - THIRD-PARTY SERVICES AND LINKS

The store uses service providers to support payments, fulfillment, tax calculation, shipping, communications, hosting, analytics, and related operations. Their role and our information-sharing practices are described in the Privacy Policy. A provider's separate terms may apply when clearly presented to you.

Links to independent websites are provided for convenience. We do not control their content, availability, security, or privacy practices. Review their terms before using them. This section does not disclaim our responsibility for selecting and managing service providers where the law makes us responsible.

SECTION 12 - WEBSITE AVAILABILITY AND TERMINATION

We may maintain, update, change, suspend, or discontinue website features. To the extent permitted by law, the website is provided as available, and we do not promise uninterrupted or error-free access. We may terminate or restrict access for a material or repeated violation of these Terms, fraud, unlawful conduct, or a security threat.

Termination of website access does not cancel an accepted order unless we separately notify you, and it does not affect accrued payment obligations, required refunds, warranties, dispute rights, or provisions that by their nature should survive.

SECTION 13 - WARRANTIES AND LIMITATION OF LIABILITY

Manufacturer warranties, if any, are provided by their respective manufacturers under the terms supplied with the product. We do not make additional warranties except those expressly stated in these Terms or required by law.

To the extent permitted by law, Modern State is not liable for indirect, incidental, special, exemplary, or consequential losses that were not reasonably foreseeable from your use of the website. Nothing in these Terms excludes or limits liability for fraud, willful misconduct, personal injury caused by negligence, or any warranty, refund, consumer protection, or other right that cannot legally be excluded or limited.

SECTION 14 - GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of the State of New York, without overriding any mandatory consumer protection that applies where you live. Before filing a dispute, please contact us and provide enough information for us to try to resolve it.

Any court proceeding that may lawfully be limited to a forum will be brought in a court with jurisdiction in New York County, New York. These Terms do not require arbitration and do not waive any right to participate in a class action where that right otherwise applies.

SECTION 15 - CHANGES TO THESE TERMS

The version affirmatively accepted at checkout governs that purchase. We may update these Terms prospectively by publishing a revised effective date. Changes do not retroactively reduce rights associated with an existing order unless you expressly agree and the change is lawful. New website features are subject to the version then in effect. A written copy of the applicable Terms is available upon request.

SECTION 16 - GENERAL TERMS

If a court finds part of these Terms unenforceable, the remaining provisions remain in effect to the extent legally possible. A delay in enforcing a provision is not a waiver. We may assign these Terms as part of a merger, reorganization, financing, or sale of the relevant business, subject to applicable law; you may not assign an order or account without our consent.

These Terms and the incorporated policies are the entire agreement about your use of the online store and its purchases, except for additional terms expressly presented for a product, promotion, or service. Headings are for convenience only. Electronic records, notices, and checkout acceptance have the same effect as written communications and signatures to the extent permitted by law.

SECTION 17 - CONTACT INFORMATION

Questions about these Terms, legal notices, and requests for a written copy may be submitted through the Contact page or by calling the store shown on your order. Our public store locations are 1243 3rd Ave., New York, NY 10021 and 112 East 86th Street, New York, NY 10028.