1600 Amphitheatre Parkway Mountain View, CA 94043

Terms of Use

Terms and Conditions

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 to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Modern Coffee Designs. The collective work includes works that are licensed to Modern Coffee Designs. Copyright 2009, Modern Coffee Designs 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 Coffee Designs or purchasing Modern Coffee Designs 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 Coffee Designs or to purchase Modern Coffee Designs 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 Coffee Designs. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

 
Returns
Modern Coffee Designs offers a 30 day return policy from the time of purchase for defective merchandise except for Gaggia, Handpresso, and food items. Food items cannot be returned for any reason.  Gaggia and Handpresso cannot be returned for refund or exchange but are eligible for warranty service if any issues are discovered.

For all other products, if an issue is discovered beyond the first 30 days since purchase, the item must be sent to our authorized service center or manufacturer to obtain warranty service. All returns must be packed in the original manufacturer’s box and then placed in another shipping box (You can use the one you received with your order). Please store your original box in a safe place.  For any return, a Return Merchandise Authorization or RMA must be requested by emailing us at service@ModernCoffeeDesigns.com .   The RMA package to be returned must be received within 10 business days of the RMA issue date.

We require signature confirmation on all shipments $100 and above.  If any shipment is returned because the address provided by the buyer was incorrect or the buyer was not available to receive shipment, the customer is responsible for any new shipping charges to re-ship the item.

The Buyer is responsible for all return shipping charges on any item returned for refund or warranty service. For returns within the first 30 days of purchase (excludes Gaggia and Handpresso and food items which are not eligible for refund); make sure you have put back everything back that came with your merchandise, the manufacturer’s accessories, instruction books and warranty cards (unfilled) and a copy of the original receipt. Merchandise must be in new condition. It cannot have any scratches or any other damages. Any parts that are missing will result in a reduced refund depending on the parts missing. An eligible item returned for refund within 30 days of purchase and found to be in working condition (Exchange) will be subject to a non-negotiable 30% restocking fee plus shipping charges (including the sellers cost of free shipping). Original shipping charges and return shipping charges and free items are not refundable. Your return will be inspected by the shipping manager upon receipt. The restocking fee is assessed based upon the condition of the item(s) and determined by the receiving manager.

Warranty durations are specified for each product.  For items specified with a 2-year Warranty:  Parts and labor are through Authorized Distributor. Any machines taken out of the United States are void of their warranty. 1st year warranty covers parts and labor; 2nd year covers parts only.  Warranty begins at the date of purchase.  A shipping and handling fee will be applied to all warranty repairs and replacement parts and the buyer is responsible for return shipping. Warranties do not extend to accessory parts or normal wear parts such as gaskets, portafilter handles, baskets, pannarello wands etc.  We are not responsible for misuse, neglect, or damages caused by failure to follow user manual instructions or general improper operation.  Modern Coffee Designs makes no promises of warranty coverage of any product and warranty coverage is provided at the sole discretion of the manufacturer.  Warranty is valid for machines only in the United States.  Any machine taken outside of the US voids warranty coverage.

Trademarks
All trademarks, service marks and trade names of Modern Coffee Designs used in the site are trademarks or registered trademarks of Modern Coffee Designs

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 Coffee Designs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Modern Coffee Designs does not represent or warrant 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 Coffee Designs does not make any warrantees 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.

Limitation of Liability
Modern Coffee Designs 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 Coffee Designs 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.

Modern Coffee Designs SHALL NOT be liable for any damages whatsoever, and in particular Modern Coffee Designs shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Modern Coffee Designs has been advised of the possibility of such damages.   MODERN COFFEE DESIGNS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED OF ANY KIND WITH RESPECT TO THE MODERN COFFEE DESIGNS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT MODERN COFFEE DESIGNS OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE MODERN COFFEE DESIGNS SITE, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, MATERIALS AND/OR BUSINESS RESULTING FROM THE AFOREMENTIONED CONTAINED ON THE MODERN COFFEE DESIGNS SITE OR THE LACK THEREOF AVAILABLE ON THE MODERN COFFEE DESIGNS SITE.  YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Typographical Errors
In the event that a Modern Coffee Designs product is mistakenly listed at an incorrect price, Modern Coffee Designs reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Modern Coffee Designs 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 Coffee Designs 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 Coffee Designs 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 Coffee Designs 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 Coffee Designs.

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 f 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 Coffee Designs products) shall be in the state or federal courts located in Phoenix, Arizona. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Modern Coffee Designs products) must be commenced within one (1) year after the claim or cause of action arises. Modern Coffee Designs’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 Coffee Designs may assign its rights and duties under this Agreement to any party at any time without notice to you.

Our website is operated and provided in the State of Arizona.  As such, we are subject to the laws of the State Arizona, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Arizona.  You agree that any legal action brought against Modern Coffee Designs, its shareholders, directors, officers, employees, agents, attorneys or other representatives, shall be governed by the laws of the State of Arizona without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made of the Modern Coffee Designs Site shall be an appropriate federal or state court located in Maricopa County, Arizona.

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 Coffee Designs 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.

Participation Disclaimer
Modern Coffee Designs 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 Coffee Designs 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 Coffee Designs 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 Coffee Designs in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Modern Coffee Designs, 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 Coffee Designs may link to sites operated by third parties. However, even if the third party is affiliated with Modern Coffee Designs, Modern Coffee Designs has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Modern Coffee Designs. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Modern Coffee Designs 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).