Terms and Conditions of Sale

Payment: MODIA | Home Theater Store will release, deliver and/or install any product(s) listed on this receipt upon payment in full. All special orders require payment in full prior to ordering of the product. All products are deemed releasable upon payment in full.

For purchases at MODIA Retail Showrooms, additional amounts not stated on your invoice arising from changes in scope of work related to custom installation are due in full at the time of request. Delinquent payments may cause installation work to cease and may result in a lien being filed against property in favor of Videoland, L.L.C. d.b.a. MODIA | Home Theater Store. If said lien need be perfected additional charges may be incurred.

Storage: MODIA | Home Theater Store may not be able to store purchased items for more than five (5) days from the original date of purchase.

Dispute Resolution: Purchaser and MODIA | Home Theater Store agree to mediate any controversy or claim arising out of or relating to this invoice(s), or breach thereof, or Purchaser’s purchase of goods and/or services from MODIA | Home Theater Store. The mediator shall be selected by Purchaser and MODIA | Home Theater Store. If Purchaser and MODIA | Home Theater Store cannot agree on a mediator, or if the mediation does not result in a resolution, Purchaser and MODIA | Home Theater Store agree that any controversy or claim arising out of or relating to this invoice(s) or the breach thereof, shall be subject to binding arbitration in Houston, Texas, in accordance with the Commercial Arbitration Rules of the (AAA) American Arbitration Association, and judgment on the award may be entered in any court having jurisdiction thereof.

Warranties: Manufacturer’s warranty covers manufacturer defects only. Manufacturers do not warrant product dimensions, naturally occurring cosmetic imperfections, abuse, misuse, acts of God, accidents, and/or normal wear. MODIA | Home Theater Store will not allow returns, exchanges, and/or assume liability to pay for any damages due to the uneven aging of the raster and/or phosphors of any Television sets. All warranties, including extended warranties, are issued from manufacturers or extended warranty providers. MODIA | Home Theater Store hereby disclaims all warranties expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. MODIA | Home Theater Store disclaims any and all warranties, liability and/or compatibility specific to the installation of any components provided by clients. MODIA | Home Theater Store neither assumes, nor authorizes any other person to assume for it, any liability in connection with the sale of its products. MODIA | Home Theater Store is not responsible for “loss of use” of any product for any reason. Additionally, any furniture mechanism, including but not limited to recliner mechanisms and sleeper mechanisms, are subject to manufacturer’s warranty. All furniture warranties, including but not limited to leather and stone warranties, apply under conditions of normal usage and do not apply to damage resulting from misuse, accidents, negligence or normal wear. This disclaimer by the seller, MODIA | Home Theater Store, in no way affects the terms of any manufacturer’s warranty.

Cosmetics: The dimensions and/or cosmetic appearance of the product may vary from those depicted in provided literature or specification sheets. MODIA | Home Theater Store will not assume any liability for verbal, typographical or printed errors in dimensions and/or specifications provided by either the Manufacturer or MODIA | Home Theater Store. Naturally occurring or cosmetic imperfections during the manufacturing process are inherent in some product(s); organic materials (marble, granite, wood, leather, etc.) with naturally occurring imperfections may have slight variations (color, grain, stain, etc.) from samples. MODIA | Home Theater Store will not refund or exchange merchandise for naturally occurring imperfections, however, a one-time minor touchup service will be provided on furniture products that are made from wood.

Tax: Sales tax is not separately calculated and collected in connection with items ordered from MODIA | Home Theater Store unless explicitly indicated as such in the ordering process. Items ordered from MODIA | Home Theater Store may be subject to sales tax if sold in state of Texas. If an item is subject to sales tax, in accordance with state tax laws, the tax is generally calculated on the total selling price of each individual item, including shipping and handling charges, gift-wrap charges and other service charges, less any applicable discounts. Installation labor and project management are tax exempt in the State of Texas.

Return Policy

All new, factory sealed, unopened products can be returned to MODIA | Home Theater Store within thirty (30) days of your purchase date. Your options on refunds include full credit for the items purchased (not including shipping or delivery charges) or a full credit exchange for another product. If a product is being exchanged, additional shipping or delivery charges may apply.

For Online orders, please call 800-877-2900 for a Return Authorization Number.

To return or exchange any purchase from one of our MODIA showrooms in Texas, please call your Senior System Consultant at the MODIA location you purchased your product from or call 800-488-8400.

Non-Returnable Items: MODIA | Home Theater Store is unable to accept returns of the following products and services:

• Special Order Products
• Televisions
• A/V Furniture
• Made-to-order or cut-to-order audio or video cables
• Any product with a service activation feature (i.e., Blu-Ray players with NetFlix capability, satellite receivers, etc.)
• Installation charges, delivery and/or pick-up charges, miscellaneous parts charges and project management fees once services are rendered.
• Closeout/clearance items, floor models and/or one-of-a-kind models.
• Projection Screens

Product Returns: Defective products can be returned to MODIA | Home Theater Store within thirty (30) days of the purchase date except non-returnable items listed above. A detailed description of the product defect (and, if possible, what makes the problem occur) is required. Non-returnable items must be serviced under manufacturers warranty once product is accepted. If the item returned is found to be in good working order (non-defective) a minimum 20% restocking fee will be assessed.

Any products malfunctioning after expiration of the thirty (30) day return/exchange period from the date of invoice or the delivery/installation date (whichever comes later) must be evaluated, serviced and/or repaired by MODIA / Home Theater Store or through the appropriate manufacturer’s authorized service center(s) according to the terms of manufacturer’s warranty.

Additional fees may apply if the returned product, for any reason, is not complete (missing accessories, warranty cards, remote control, owners manual, bar codes, etc.) Your options on refunds include full credit by the same method of payment used for the original purchase, a MODIA | Home Theater Store Gift Card, or a full credit exchange for another product.

All returned merchandise must include all factory packed accessories, in the original carton, with all UPC and Bar Codes intact. There should be no writing of any kind on the manufacturer’s box. To return products purchased online your Return Authorization Number must be displayed prominently on the shipping labels. The returned product must be double boxed.

Purchaser is responsible for retaining original packing materials during the warranty period. Specific Manufacturers may stipulate that these packing materials must be retained indefinitely for shipping in case of repair, upgrades or replacement. Customer is responsible for observing these requirements.

Return Shipping Costs: For online orders the customer is responsible for shipping of any returned merchandise to our warehouse along with payment of the associated charges incurred with such shipment. If the product being shipped is for defective exchange, MODIA / Home Theater Store will pay for the outbound shipping charges incurred in sending a replacement product. MODIA | Home Theater Store must receive any merchandise back no later than thirty (30) days once the Return Authorization Number is provided.

For online orders, customers will receive a full credit on any merchandise returned to MODIA | Home Theater Store as “undeliverable” or "refused” minus the cost of return shipping charges incurred by MODIA | Home Theater Store. This policy excludes products damaged during shipping.

For online purchases, please return all merchandise to the following address:
MODIA | Home Theater Store
Attn: Returns
6808 Hornwood St.
Houston, TX 77074

Shipping, Delivery & Installation Policy

For Online Orders: Products purchased online are shipped via FedEx ground service. Larger size orders may be shipped via motor freight such as FedEx National or Yellow Freight or R&L Carriers. Optional expedited FedEx air delivery for next day or two or three day service is available. Shipments via FedEx Ground or motor carrier may take up to seven (7) days for delivery. Larger and over-sized items are subject to curbside delivery service only. Additional charges are applicable for inside residential delivery. These additional charges vary according to the shipping weight of your order. All orders can only be delivered on the ground floor. Customers are responsible for arranging their own method of transporting purchases from curbside to inside the residence unless customer has paid addition amount for inside delivery. Customers will receive less than full credit on any merchandise returned to MODIA | Home Theater Store as “refused” or "undeliverable” (except freight damaged goods). The amount of chargeback to the customer will vary according to the cost of return shipping charges incurred by MODIA | Home Theater Store. To ensure quality service, MODIA | Home Theater Store requests that you inspect your order for any physical or concealed damages at the time of accepting the shipment. To look for concealed damages occurring during transportation we ask that you lift the package to listen for any noise arising from internal damages or broken parts. Also, any compression marks on exterior packaging are an indication of concealed damage. In this case, you may open the carton an inspect it in the drivers presence to ensure the unit is not damaged. Any order known to be damaged by the freight carrier (concealed or visible) must be refused at the time of delivery with proper refusal notation on the bill of lading. You will be responsible for filing a claim with the freight carrier should you accept any orders with concealed or known damages without making any remarks on bill of lading or drivers receipt while accepting the shipment.

Setup charge(s), if included on any product(s) or services, are minimum estimates only, and may be subject to change. MODIA | Home Theater Store requires a pre-installation visit to verify the accuracy of installation and miscellaneous parts charges. Additional charges will be billed separately at the prevailing hourly labor rate for each specific task. All Setup charge(s) are subject to miscellaneous parts charges and project management fees. Existing components will not be installed, connected, integrated and/or programmed unless a setup charge(s) for the specific task is detailed and purchased herein.

Programming is limited to basic operation of the product(s) and parameters contained specifically in programming documents herein unless stated otherwise. MODIA | Home Theater Store cannot be held responsible for programming functionality limitations due to incompatibility or restrictions of product(s) provided by customer or purchased from MODIA | Home Theater Store.

MODIA | Home Theater Store provides a ninety day (90) warranty on installation from the completion date. Installation warranty is void if purchaser or any other person, other than employee or agent of MODIA | Home Theater Store, tampers with or attempts to repair or correct any alleged problem incurred. Further, the installation warranty does not cover acts of God or other occurrences beyond the control of the MODIA | Home Theater Store, including but not limited to an inability to be present at time of installation to receive operating instructions, poor quality of cable/broadcast audio or video signal reception, electrical anomalies, and/or not being able to operate product properly due to incorrect operating procedures. Purchaser will be charged prevailing hourly labor rates for service time on the job relating to the above plus applicable trip charges.

MODIA | Home Theater Store will exercise the utmost care and professionalism in the installation of products. However, unforeseen complications during installation or movement of any products inside media cabinet(s) or furniture, or during moving products from one floor level to another, may lead to minor scratches or dents to cabinetry, railings, door trim, walls, flooring, A/V product(s), and/or existing equipment. Further, client understands this fact and releases MODIA | Home Theater Store from any liability for any such damage(s).

International Orders

Any order shipping out of country is subject to additional freight charges and processing fees. Additional freight charges shown on your sales order are estimates only and are subject to increase depending on the final destination.

Manufacturer’s warranty may not be valid overseas for products shipped out of the country. Authorized service center may not be available overseas.

Products may not be compatible to destination’s country voltage and may require a transformer or voltage converter. The transformer or converter is not included as standard accessory.

Orders shipped out of country may be subject to import taxes, custom duties and other fees levied by destination country. Customer is responsible for paying these fees directly to the authorities or pay thru a customs clearance agent. These charges are neither part of FREE shipping offer by MODIA | Home Theater Store nor are they included in order confirmation. Import regulations and taxes and duties may vary from country to country and the customer is responsible for contacting the local customs office for any further clarifications. MODIA | Home Theater Store will not be held responsible for any issues related to import regulation.