Terms and Conditions Governing Use of This Website
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree with or accept these terms and conditions, you should not access or use the web site. By accessing and using the web site you are indicating your acceptance to be bound by the terms and conditions of this Agreement. In using this website you accept the following:
COMPANY POLICIES AND TERMS
OUR HASSLE-FREE 30 DAY MONEY BACK GUARANTEE:
Modern Senior Products LLC wants you to be 100% satisfied with your purchase,
however if you are not completely satisfied with the item(s) you
ordered for any reason, you may return it for an exchange or refund
within 30 calendar days of purchase. If there is a special promotion offering extended return period, that supersedes the 30 day guarantee. *Some exceptions may apply due to hygienic or other reasons and are clearly noted on the product page. Special Extended Money Back Guarantee promotions are listed on the product page when available.
When returning a product, customer is responsible for return shipping charges unless defective. You should use a trackable shipping service. Only defective merchandise is shipped back at the company's expense using the Free Shipping Label we will provide you. An RMA (Return Merchandise Authorization) number is ALWAYS required to return an order.
Shipping charges are not refundable. We do not refund shipping fees.
WHEN YOU NEED TO RETURN A PRODUCT: Customer must email Customer Support at customersupport@modernseniorproducts
or call us at 1-888-407-6164 and ask for an RMA (Return Merchandise Authorization) Number. Product will not be accepted without an RMA Number. Product must be returned in the retail packaging provided in like-new condition, resalable condition. Returns are checked when received in the designated warehouse. Plastic bags that have been opened are ok. Customer must ship the product back to the designated vendor at customer's expense (using a shipper that provides a tracking number) and has 14 days from the date the RMA is given by Modern Senior Products to be received in the designated vendor's warehouse. If defective, notify Modern Senior Products of the defective nature when requesting the RMA # (Return Merchandise Authorization) and we will give you a Free Return Shipping Label. Please be advised that the free shipping label expires 14 days from date of issue. Please be advised that if the returned item is found not to be defective by the technicians that unfortunately, we will find it necessary to deduct the cost of the free shipping return label from your return.
UNAUTHORIZED RETURNS - NO RETURN MERCHANDISE AUTHORIZATION NUMBER
Companies install business practices and processes to efficiently run their company. An RMA (Return Merchandise Authorization) number is required to return an order and receive a refund. If customer returns an order without requesting and receiving the required RMA# it is an UNAUTHORIZED RETURN. The company has the option at is discretion to deny the return and there is no credit given, or depending on circumstances deduct the 25% Unauthorized Return Fee. This is solely at the discretion of the company under story policy.
CUSTOMER IS RESPONSIBLE TO NOTIFY OF CORRECT EMAIL ADDRESSES
We must be able to reach you with RMA's (Return Merchandise Authorization Numbers) tracking numbers, credit and other important business information. We use the email address you gave us on your order. If you have changed email addresses (different from what was used on your order) you must give us in writing the correct new email address so we can contact you. Modern Senior Products is not responsible for customer's not receiving RMAs and other important information if we have not been duly notified of the new correct email address.
BLOCKED EMAIL ADDRESSES
Modern Senior Products indicates on the order confirmation page that you must not have your email address blocked by your email provider. The company is not responsible for using other forms of notification such as phone calls or regular post office mail in order to notify customers of tracking numbers, order information, RMA (Return Merchandise Authorization) credit refunds or any other information. Customer must unblock Modern Senior Products to receive notifications.
NOTE: Items must be returned to the seller with a trackable shipping service. We recommend purchasing insurance for high-value merchandise.If there are extenuating circumstances (such as snow storms, floods, tornados, death in the family, etc.) special reasons why you can't get the product mailed back right away - please contact customer support - we will be happy to work with you as far as is reasonable.
Note: If a package you are returning doesn't arrive at our designated warehouse and you don't use a trackable method for that return we may not be able to cover you under the 30 Day Money Back Guarantee.
Manufacturer's Restocking Fees - please note that restocking and reprocessing is expensive for businesses. We may pass on some restocking fees and they will be clearly noted on the product page. Any restocking fee will be deducted from the refund.
Seasonal Offers: Special Extended Holiday Money Back Guarantee promotions are listed on the bottom of the product pages. Shipping costs paid by the customer are not refundable.
If Customer refuses shipment when delivered, the merchandise ships back to Modern Senior Products or designated vendor and the actual return shipping charges plus a 15% restocking charge will be deducted from customer's credit.
Cancellation of order by Customer: To meet our delivery guarantees, we process orders throughout the day. We will attempt to cancel the order, however, if the shipment is already shipped, or too far into the shipping process in the warehouse to be retrieved, we may not be able to stop the shipment. We will attempt to intercept orders that are shipped by our shippers, however there will be a charge, as we are charged by our shippers to intercept an order. The Cancellation Charge is a flat fee of $12.00 for intercept and will be deducted from customer's credit.
are NOT able to intercept shipments via the U.S. Post Office, and those
charges are NOT refundable. Also, customer is responsible for return
shipping if they decide not to keep the product(s) unless product is
(eff: 8/09/12)CUSTOMER REQUEST FOR CHANGE OF SHIPPING ADDRESS: If customer requests a change of shipping address after the merchandise has shipped and the package is still in transit, we will attempt to change the shipping address with our shippers U.P.S or FedEx. These shippers charge us to make those changes and we will pass those charges on to the customer. Change of Address Fee is $11.00. We are unable to make any address changes with U.S. Post Office Priority Mail, First Class Mail or Parcel Post once the package has shipped.
UNDELIVERABLE PACKAGE RETURNED TO COMPANY: AIR shipment is charged back at the 3 Day Select Price
GROUND shipment is charged back to the shipper at a GROUND commercial rateRETURN SHIPPING: Customer ships the product back to the designated warehouse at customer's expense. If the product was defective we will give you a PRE-PAID Shipping Label via email or by U.S. Mail, and the shipping charges will be free. If exchanging a defective product, we will ship the new product to you for FREE. Our wholesale distributors receive all returns and thoroughly inspect all products received as returns. If product is found not to be defective, the cost of the free-shipping label will be deducted from any credit due customer. Please be advised that the FREE SHIPPING LABEL is TIME SENSITIVE, it expires 14 days from date of issue.LATE RETURNS. Returns will NOT be accepted after fourteen (14) days from the date an RMA number has been issued unless Customer Support grants a special waiver in writing via email. If your package being returned arrives within 3 days of be past the due date, the company has the option of either refusing to accept the shipment or charge a 15% service fee which is deducted from the customer's credit. Unfortunately, if using a FREE SHIPPING LABEL the free label expires 14 days from the date of issue. Shipping charges are non-refundable. Our Customer Support is consumer-friendly. We will consider regional shipping slow downs due to unavoidable weather conditions or severe weather conditions that affect customer's ability to return the product in the allotted time.BACK-ORDERS: Unfortunately, product runs out. Your order may have gone through, but a large order may have come through shortly before yours, causing us to be out-of-stock. In this instance, the system may not be updated quickly enough for us to manually update the In Stock Status. If this happens, we will send you an email telling you it is out of stock, and ask if you are willing to wait or if you want to cancel the order. Unfortunately, whether due to unforeseen circumstances that our shipment hasn't arrived in our warehouse on time, or through human error, we are not liable if we do not have a product in stock when your order comes through. The In Stock Status is not a guarantee or promise - it means to the best of our knowledge, we have the product in stock. CONDITIONS: In order for the Money Back Guarantee to apply, the product being returned must be in original, re-salable "like new" condition. An exchange will be issued if this criteria is not met. The box must be undamaged. All parts, including cords must be returned. Warranty Cards must not be written on. Manuals must be returned without being marked or written on. Be very careful opening the box and do not throw the box away or write on the warranty card until you are sure you are keeping the product(s).
REFUND POLICY & CREDIT ADJUSTMENTS: You can usually expect your refund within 4 weeks of shipping your package back to us. In many cases you will receive a refund sooner, but we estimate four weeks because of the time necessary for return shipping (up to 14 days), product inspection at our returns warehouse, and processing the credit. We will notify you via email with the details of your refund. We issue refunds in the form of payment used to make your purchase.
WARRANTY OF PRODUCTS:
Modern Senior Products LLC warranties products for the first 30 days.
After the initial 30 days period is over, the manufacturer's warranty
applies. Customers must then contact the manufacturer for repair or
replacement of the merchandise. Typically, manufacturer warranties
cover defects in workmanship and material. If the product is damaged or
broken by the customer, the manufacturer will not cover this, as abuse
by the customer is not covered.
MALICIOUS SLANDER: Any
person or persons who attempt to maliciously slander or defame the
reputation of Modern Senior Products with false statements, defamatory statements, accusations or statements published to a third party and unsubstantiated malicious claims on the
internet, blogs, social sites or in any form of public print will be prosecuted to the fullest extent under Arizona law. Morris v. Warner, 160 Ariz. 55, 62 (Ariz. Ct. App. 1988)
- CHARGE-BACKS - Credit Card Companies and Banks charge retailers a charge-back fee when customer files a complaint and dispute the charges. Since Modern Senior Products operates in an ethical and honest manner, if the bank determines the customer dispute was baseless and inappropriate, Modern Senior Products has the right to charge the customer for the charge-back fee, deducting said fee from any refund due the customer.
CREDIT CARDS WE ACCEPT: Our website accepts payment through MasterCard, VISA, Discover Card and
OTHER PAYMENT METHODS: We also accept personal or business checks drawn on US banks only, payable in US dollars. If check is returned by the bank for non-payment, there will be a $20 fee to the customer. We also accept PAYPAL and Purchase Orders.
CHANGES TO WEBSITE: MODERN SENIOR PRODUCTS LLC may delete,
move or change portions of, or may add to this website from time to time
as necessary. MODERN SENIOR PRODUCTS LLC may at any time change the
rules that govern your (the customer) use of our website. Your use of
our website after any such change(s) constitutes your agreement to
follow and be bound by the rules that have been changed.
COPY RIGHT: The entire content included in this site, including but not limited to data, text, graphics, photographs, graphs, videos, music, sounds or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Modern Senior Products LLC. The collective work includes works that are licensed to Modern Senior Products LLC. Copyrighted, Modern Senior Products LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Modern Senior Products LLC or purchasing Modern Senior Products LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Modern Senior Products LLC or to purchase Modern Senior Products LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Modern Senior Products LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TRADEMARKS: All trademarks, service marks and trade names of Modern Senior Products LLC used in the site are trademarks or registered trademarks of Modern Senior Products LLC
WARRANTY DISCLAIMER: This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Modern Senior Products LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. You (the customer) must be 18 years or older to register as a user. Modern Senior Products LLC, also referred to as the Company, nor its affiliates, nor any of its officers, directors, members, managers, or other employees, agents, third-party content providers, merchants, licensors, vendors or the like, warrant, guarantee or represent that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Modern Senior Products LLC does not make any warranty or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
No advice, whether oral or in writing, given by Modern Senior Products LLC (the Company), nor its affiliates, nor any of its officers, directors, members, employees, agents, affiliates, providers, merchants, sponsors, licensors, or associates, shall create or constitute a warranty.
MEDICAL INFORMATION DISCLAIMER
The medical on this website is for general informational purposes only, it is not meant to diagnose or treat any medical condition. Always ask your doctor. The medical information is not advice and should not be treated as such. You must not rely on this information on our website as an alternative to medical advice from your doctor or other professional healthcare provider. You should not never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website. This is merely information not advice.
If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
If you think that you may be suffering from any medical condition, you should seek immediate medical attention.
The medical information on our website is provided without any representation, or warranties, express or implied.
This legal information is provided by SEQ Legal, www.seqlegal.com
Medical Disclaimer: All health and health related information contained within this website and this product page is intended to be general in nature and should not be used as a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice, or delay in seeking it, because of something you have read on this website. Do not rely on information on this website in place of seeking professional medical advice. Testimonials and reviews do not constitute a guarantee, warranty or prediction.
LIMITATION OF LIABILITY: Modern Senior Products LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Modern Senior Products LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Neither Modern Senior Products LLC, nor any other party which is involved in the distribution, creation, or production of Modern Senior Products LLC shall be liable for any direct or indirect, incidental, or consequential damages that results from the use of your (the customer) inability to use Modern Senior Products LLC whether caused by Acts of God, terrorism, deletion of files or email, performance, server or internet failure, omissions or interruptions, theft, vandalism or destruction of files, or from access of our files or information by any unauthorized person.
TYPOGRAPHICAL ERRORS: In the event that a Modern Senior Products LLC product is mistakenly listed at an incorrect price, Modern Senior Products LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Modern Senior Products reserves 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, Modern Senior Products LLC) shall issue a credit to your credit card account in the amount of the incorrect price.
TERM, TERMINATION: These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Modern Senior Products LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE: Modern Senior Products LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Modern Senior Products LLC.
MISCELLANEOUS: Your use of this site shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Modern Senior Products LLC, products shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Modern Senior Products LLC ,products must be commenced within one (1) year after the claim or cause of action arises. Modern Senior Products LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Modern Senior Products LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE: Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Modern Senior Products LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
COMPUTER CRIME: Customer agrees to abide by all applicable federal, state and local laws pertaining to computer crime, including but not limited to the Electronic Communications Privacy Act of 1986.
PARTICIPATION DISCLAIMER: Modern Senior Products LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Modern Senior Products LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Modern Senior Products LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Modern Senior Products LLC in its sole discretion.
The company has the right to review any information in the review sections and to delete any information in violation of this User Agreement.
INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Modern Senior Products LLC, 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.
THIRD PARTY LINKS: In an attempt to provide increased value to our visitors, Modern Senior Products LLC may link to sites operated by third parties. However, even if the third party is affiliated with Modern Senior Products LLC, Modern Senior Products LLC) has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Modern Senior Products LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Modern Senior Products LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).