Terms and Conditions (“Terms”)
Last updated: December 17, 2017
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://whenmodernwas.com website (the “Service”) operated by When Modern Was (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Thank you for visiting WhenModernWas.com. We have prepared the information below to ensure that your experience on our website is one you’ll want to repeat again and again. When Modern Was provides this site as a service to its customers. Please review the following basic rules that govern your use of our site. Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Although you may “bookmark” a particular portion of WhenModernWas.com and thereby bypass this agreement, your use of this site still binds you to the terms. Since When Modern Was may revise this agreement at any time, you should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us.
This website is expressly owned and operated by When Modern Was The mailing address for When Modern Was, Inc is 4037 24th St, San Francisco CA 94114. Unless otherwise noted, all design and content featured on When Modern Was.com – including navigational buttons and images, artwork, graphics, photography, text, and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by When Modern Was. This website in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our website and the website as a whole are intended solely for your personal, noncommercial use. Any use of our website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of When Modern Was. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from When Modern Was. You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.
Limitation of Liability
Given the unpredictability of technology and the online environment, When Modern Was does not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website. As a visitor to and a user of this website, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. When Modern Was shall not be liable for damages of any kind related to your use of or inability to access this website.
We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on WhenModernWas.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a When Modern Was product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, When Modern Was shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. When Modern Was shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, When Modern Was shall issue a credit to your credit card account in the amount of the incorrect price.
At WhenModernWas.com, we work hard to select the kind of distinctive merchandise for which When Modern Was is recognized. Please understand that many of our featured items are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the website again. When an item featured on WhenModernWas.com is no longer in stock, we make every attempt to remove that item from the website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us at 415-970-9030— 10 am – 6 pm PT
When Modern Was products displayed on the website are available at our store in Noe Valley. The prices displayed on the website, however, are quoted in U.S. Dollars and are valid and effective only in the United States. Keep in mind, WhenModernWas.com does not carry every item that you would find in our store.
Most When Modern Was products displayed on the website are available in our store while supplies last. Sale prices on the website are Internet-only specials and do not reflect the pricing of When Modern Was in-store pricing.
We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.
You agree to indemnify, defend, and hold harmless When Modern Was, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Although we will make every effort to respond quickly to applicable email messages, WhenModernWas.com is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding When Modern Was.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through When Modern Was.com shall become and remain the property of When Modern Was. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
Social Media Contests
There are no active social media contests at this time.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by When Modern Was.
When Modern Was has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that When Modern Was shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.