MOFIT TERMS OF SERVICE

1. LICENSE AGREEMENT & GENERAL TERMS OF USE

A. ABOUT OUR TERMS

When you purchase any item from Mofit Home (“Company,” “We,” or “Our”), all customers (“Customer(s),” “You,” or “Your”) agree to the Terms and Conditions ("Terms" or “Terms of Service”) set forth herein. Any changes made will be reflected Our website ("Website"). Company strongly urges You to thoroughly and carefully review these Terms during Your online shopping experience. All users (“User(s),” “Representative(s),” “Agent(s),” “Contractor(s),” “Affiliate(s),” “Employee(s),” or “Staff”) fully understand and acknowledge that these Terms contain details of an agreement (“Agreement”), which they accept upon initial, continual, and postliminary utilization of Company’s Website and products (“Product(s)”). Customers who use Our Website for all services (“Services”) adhere to these Terms and all information found in other Company policies (“Policy” or collectively, “Policies”).

 

B. LICENSE GRANT

You agree that by utilizing Our Services, You are granted a non-exclusive, non-transferable, non-assignable, revocable, and personal limited license to access and use these Services per the Terms of this Agreement. Usage does not grant You ownership interest and does not allow for You to determine Company’s Services, Policies, modifications to Product specifications or prices, resolution processes, or any other changes or amendments to Company’s Terms.

 

C. LIMITATION ON USE

By using the Website or other Company properties, You affirm that You are of legal age to enter into this Agreement for which You abide by these Terms. If You are using any Website or Company properties on behalf of an organization or other company entity, then You are entering into this Agreement on behalf of Yourself and such organization, and You affirm that You are operating with the legal capacity to bind such organization to this Agreement. Terms are to remain in effect until Customers complete usage of the Website’s Services and have finalized transactions or purchases from Company’s Website or showroom (“Showroom”). Upon cessation of Services, obligatory Terms are to remain in effect and consist of, but are not limited to, the following: Electronic Communication; Copyright, Trademark, and Compliance; Severability; Applicable Law; and Indemnity. Customers are to uphold Company’s integrity by using Company’s Website and Services for reasons that do NOT include the transmission of any content deemed abusive, libelous, vulgar, defamatory, unlawful, obscene, or in any manner other than for which these Services are purported. You may not copy, (re)distribute, transmit, publish, sell, loan, sub-license, or lease Website or Company details with regard to derivative works creation, site architecture determination, Company or Website duplication, or User information extraction, including, but not limited to, downloaded, transmitted, (re)published, displayed, or reproduced Company content. Violation of and failure to abide by these Terms through intentional or unintentional misuse may result in immediate User or Customer suspension of all Services and, depending on the severity of the breach of Terms, legal ramifications against the offending User(s) (see ‘Indemnity & Disputes’ below).

 

2. ORDERS & PURCHASES

A. KEY ORDER POINTS

Because We want You to be fully satisfied with Your purchase, Customers are encouraged to review these Terms for questions related to furniture sizes and dimensions, color and comfort preferences, and other details prior to completing their purchases. More information on these sections can be found on Return Policy page. The full order process (“Order(s),” “Process,” “Manufacturing,” or “Shipping”) commences when You select, order, and confirm a purchase. All purchases (“Purchase(s)”) are to be confirmed via email by Customers within five (5) calendar days from the date of Purchase. Purchases made via Company’s Website require confirmation from Customers to specify (validate) Order details and verify essential Customer information (as detailed in Section 2, Subsection D of these Terms), which are needed to fully process an Order (see ‘Order Changes, Cancellations & Verification Details’ below). Orders without written (email) confirmation after day 5 will be processed. You agree to follow Company’s Process including all payment (“Payment”) points determined by Company and in accordance with these Terms and the Terms of Company’s Policies. Product prices may fluctuate depending on the season, upcoming promotional events, changes in Product design or style (including upgrades), or other factors. The information posted on Company's Website can be changed, without notice, in accordance with the Terms of this Agreement. With regard to any and all order scenarios before, during, and after the order process, Customers

 

  • agree to measure all entry points through which their Orders are to be delivered prior to completing and confirming their Orders (see ‘Size Irregularities’ below)
  • confirm complete Order accuracy upon checkout and via email confirmation regarding Product sizes (dimensions), layouts (directions), colors, and add-on features (if applicable)
  • acknowledge that any issues relating to damaged or missing (misplaced) items are to be promptly reported by Customers (see Our Claim Policy for more information)
  • agree to provide additional information, required by Company, for Order verification purposes (see ‘Order Changes, Cancellations & Verification Details’ below)
  • consent to receive text messages (SMS) and email correspondence with regard to Order updates, promotional deals and offers, or other information found herein and in Our Privacy Policy
  • understand that the standard delivery time frame for special Orders is generally 12–16 weeks, while in-stock purchases are approximately 2–4 weeks, from the date of purchase and departure from Our warehouse, but are subject to change at any moment (see Our Shipping Policy for more information)
  • acknowledge that custom-made (special) Orders are designed with the main and trim colors selected (customized) by Customers; other accessories or add-on features are listed and displayed as accurately and specifically as possible
  • agree to adhere to other Policies and procedures listed on this Website as stated and in conjunction with these Terms

 

B. PRODUCT SIZES & DIMENSIONS

All measurements and dimensions are provided in the ‘Description’ and ‘Detailed Info’ sections on every Website page of each individual Product. To ensure Your items fit in all designated areas of Your home, notify Company of any crucial dimension concerns when conducting the following prior to completing Your purchase:

 

  • Measuring the front door (or home entry point) through which all furniture pieces will be entering
  • Notifying Us of
    • Small/narrow doors, doorways, hallways, or stairwells
    • Spiral staircases
    • Mid- or high-rise building access (with or without elevators)
    • Communities in which large vehicles (semi-trailers (semis), etc.) are not permitted to enter or are restricted in access
    • Areas with limited or seasonal access
    • Anything that would impede a seamless delivery process

 

C. PRODUCT COLORS & SPECIFICATIONS

Every effort is made to provide fully accurate and high-quality images to assist You in selecting Your furniture pieces. All furniture images may vary in color density due to a number of factors that include, but are not limited to, the following:

 

  • A computer monitor’s color settings
  • A mobile device’s camera quality
  • General light density (natural or artificial)
  • Contrasting interior wall color schemes
  • The surrounding environment (placement of furniture)

 

Company is not responsible for minor contrasts in color variations (light density) or sectional dimensions (three inches or less). Precise dimensions can be provided directly by a Company Representative. Leather materials will differ in color shade and style and should be noted while browsing items on Our Website or when corresponding with a Company Representative. Replacement pieces or Products placed at separate times may result in a slight height or style discrepancy depending on the manufacturer. This includes color styles for all leather materials. The layout of a left-arm-facing (LAF) or right-arm-facing (RAF) chaise is determined by directly facing Your sectional and choosing the corresponding directional placement. More information can be found on Our Website. If You require further assistance with furniture colors or dimension customization, You may contact Us directly.

 

D. COMFORT PREFERENCE & LEATHER QUALITY

Customers may choose to design their sectionals with top-grain Italian leather. Unless otherwise specified, the placement of this leather style can be found on the main touchable surfaces (e.g., the cushions, backrests, headrests, and general seating sections), while other areas such as the backs, bottoms, and sides consist of synthetic (bonded) leather materials. Customers can find this information in the ‘Detailed Info’ tab on the page of each sectional. If Customers choose not to modify their sectionals with top-grain Italian leather, bonded leather will be used as the standard material. Products may come with either a high-density foam cushion or a combination of feather materials.

 

E. ORDER CHANGES, CANCELLATIONS & VERIFICATION DETAILS

During the pre-authorization process, Our system may notify Us to confirm vital information pertaining to a Customer's Order prior to completing their transaction. This is to ensure and maintain a safe and seamless Purchase experience. As part of the Terms set forth by Company and in conjunction with Our point of sale system, We require a video call and/or photos validating a Customer's state-issued photo ID and their respective credit card information (omitting the first 12 digits). Identification submittal entails the Customer holding their state-issued photo ID and credit card next to their face during either the video call or with the submitted photos; this will allow Us to fully match the ID with the associated Customer. If necessary, Company reserves the right to request further documentation before completing an Order. A Customer will have five (5) calendar days from the date they make their Purchase to provide Company with the relevant documentation as stated within. If We are unable to verify the information required to fully process an Order within the 5-day time frame, the Order will be temporarily suspended. Orders that remain suspended (i.e., Orders in which We are unable to properly verify the Customer’s ID and Payment details) will be canceled at Company’s discretion. Refunds for non-verified Payment information will be processed after thirty (30) calendar days from the date an Order is suspended. The total amount (plus any shipping costs) will be refunded to the Payment method used at the time of Your Purchase. Refunds can take up to fourteen (14) business days from the date of cancellation, depending on Your bank or Payment provider. If there are any changes to Your phone number or email address, contact Company right away to ensure You receive all proper verbal and written correspondence related to Your Order. If an Order is canceled by Company, the Payment method used at the time of the Purchase will not be charged. Any changes or cancellations MUST be confirmed in writing within five (5) calendar days from the date of Your Purchase; failure to do so may result in a 3%–6% processing fee of the total sales price. All information MUST be sent in written form—via email—in order to properly process any Order changes, cancellations, modifications, or general updates. Failure to provide written confirmation may result in Order processing delays or incurred cancellation, restocking, or storage fees from unconfirmed shipping addresses, missed delivery windows, or other factors.

 

F. RETURNS

A Customer may return a special Order within thirty (30) calendar days or an in-stock Order within fifteen (15) calendar days from the delivery date. All Customers will be responsible for the entire Order return process. (See Our Return Policy for more details.)

 

3. ELECTRONIC COMMUNICATION & GENERAL CORRESPONDENCE

A. GENERAL CORRESPONDENCE

All information MUST be sent in written form (email) in order to properly process any Order cancellations, modifications, updates, or other information required by Company to finalize a transaction or shipment. Written (email) correspondence opens electronic communication between Customers and Company Representatives. This gives Company permission to communicate with You with regard to requesting or obtaining the following:

 

  • Order status updates, including
    • changes
    • confirmations
    • cancellations
    • returns
    • shipping
    • tracking
    • additional payments
  • Required documentation for
    • financing (Payment options)
    • claims
  • Other information related to Your order

 

Failure to accept these electronic correspondence Terms may result in any of the following:

 

  • Delays in processing Your Order
  • Postponement or denial of a claim
  • Incurred cancellation or storage fees due to unconfirmed shipping addresses, delivery windows (with third-party carriers)

The information You provide will be used solely for the purpose of assisting in the entire Order Process for any of the reasons stated herein. All conditions related to electronic communication between Customers and Company can be found on Company’s Website. Information may also be sent via SMS (text message) per the terms of Our Privacy Policy. Both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to You by Company satisfies all legal notification requirements, and that information between Customers and Company may be shared with third-party Contractors, carriers, financial institutions, or entities pre-approved by Company or required by local, state, or federal law. You acknowledge that Company may send You e-mails for promotional purposes. By accepting these Terms, You consent to receive such e-mails. You may opt out from receiving promotional e-mails at any time. See Our Privacy Policy for more information.

 

B. CONFIDENTIAL INFORMATION

For purposes of this Agreement, all confidential information (“Confidential Information” or “CI”) shall comprise oral or written (electronic or printed) information relating to Customer data, Customer–Company correspondence, and any sensitive information pertaining to Orders, inquiries, complaints, or resolutions. All parties (“Party” or collectively, “Parties”) shall strictly adhere to upholding these Terms by not relaying Confidential Information from either Party by (a) maintaining that all Confidential Information remains between Parties and, if applicable, affiliated third-party Representatives on behalf of either Party for the purpose of partnerships, sales, estimates, Payments, Order shipments, or claim resolutions as part of the Services described in these Terms; (b) refraining from creating and disseminating information about Parties in the form of social media posts, text messages (SMS), or other forms of communication with information that would be considered vulgar, libelous, misleading, obscene, or graphic in manner; and (c) using the CI to perform the obligations set forth in these Terms. CI does not refer to information, as validated through reasonable evidence, that (i.) was already in the public domain at the time it was disclosed; (ii.) has been or is listed by Company Representatives on Website or through Company’s public social media page(s); (iii.) is needed or required by Affiliates of Parties in accordance with Section 1, Subsection A of these Terms; and (iv.) can be validated as having been disseminated without either Party’s knowledge or awareness. The information must be disclosed in accordance with all local, state, or federal laws that regulate, govern, or mandate (through court orders or other legal authorities) the dissemination of Confidential Information. Parties agree to honor the Terms of this Confidential Information Agreement as per the foregoing Terms and shall apply these Terms to any CI disclosed between Parties pertaining to details that fall outside the parameters of these Services.

 

C. YOUR ACCOUNT

It is the sole responsibility of Customers to provide their names, email addresses, and passwords for verification purposes. Shipping and billing addresses will be collected either during the initial registration or final check-out Process. If You use this Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account. You are responsible for protecting others from accessing Your account by protecting Your username and password.

 

4. COPYRIGHT

All content on this Website such as any text that includes slogans or descriptions; graphics for fading, dissolving, or sliding photos and video footage; Company logos, images and button icons; audio and video clips; digital downloads; data compilations; Website structure; and furniture designs are all protected by the United States and international copyright laws. No portion of the information on this Website may be copied or reproduced in any form, or by any means, without prior written permission from Company. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this Website—or any Company publication—for any public, private, or commercial purpose, which includes the lease, transfer, or sale of any Services or intellectual property found on Company’s Website.

 

5. COMPLIANCE WITH APPLICABLE LAWS & EXPORT CONTROL LAWS

Visitor or User access to Company is governed by all applicable federal, state, and local laws. All information available on Company is subject to U.S. export control laws and may also be subject to the laws of the country in which You reside.

 

6. TRADEMARKS

Company’s graphics, logos, page headers, button icons, scripts, and Service names are registered trademarks.

 

7. APPLICABLE LAW

By visiting Company, You agree that the laws of the State of Nevada, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between You and Company or its Affiliates.

 

8. SEVERABILITY

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

9. PAYMENT & FEES

A. PARTIAL PAYMENTS & STORAGE FEES

Unless a Payment plan is set up with one of Our financing partners, the remaining balances from partial Payments are to be satisfied by You, in full, prior to delivery. Payments not remitted will result in accrued storage fees to orders that exceed thirty (30) calendar days from the date the order arrives at Our warehouse. The initial 30-day storage period is complimentary, followed by a daily charge of $15.00 (a maximum monthly charge of $150.00) for up to 6 months. See Our Shipping Policy for more details.

 

B. SHIPPING FEES

Shipping fees are determined during Order checkout and applied to Your Order during this Process. Fees are assessed according to Customers’ places of residence and other factors described in Our Shipping Policy. Fees are determined on a flat-rate basis and are subject to change based on laws governing local, state, federal, or excise taxes. Shipping fees also apply to returns or purchased replacement items. See Our Return Policy and Our Shipping Policy for more details.

 

C. CANCELLATION FEES

Cancellations will incur fees based on the cancellation timeline in Our Return Policy. Customers with Affirm financing will incur a 6% cancellation fee at any point during the financing period (see Financing for details). In-transit Orders cannot be canceled.

 

D. LATE PAYMENTS

We reserve the right to charge a 3% monthly fee of the total remaining balance for Payments not made within 30 days of the initial late Payment notice. This fee will be added to the original remaining balance for 3 months (90 calendar days) from the original invoice due date. Failure to remit Payment in the allotted time period may result in third-party intervention. Contact Company to inquire about Payment plan options.

 

E. CREDITS

Store credit may be partially or wholly issued for Website and Showroom Orders in lieu of monetary compensation for claims, returns, or other factors. See Our Claim Policy and Our Return Policy for details.

 

F. PRICE CHANGES

Company may modify Product prices and fees at Company’s discretion. By continuing to purchase from Company, You agree to all price and fee modifications. Price and fee details will be disclosed to You on Company’s Website and/or via email correspondence with Company Representatives.

 

G. PRICE MATCH POLICY

We do not provide price matching for any Products outside specified promotional time frames. Promotional time periods in which these deals apply will be clearly stated on Company’s Website.

 

Price matching will NOT be considered for any of the following:

  • Products from wholesale companies
  • In-transit items
  • Special Orders
  • Items shipped directly from manufacturers
  • Floor samples
  • Doorbusters
  • Clearance items
  • Damaged or out-of-stock items
  • Products from stores that are going out of business
  • Custom-ordered Products such as items in which upholstery leather has been selected by the Customer
  • Clearance items that have already been discounted
  • Any as-is Products

10. INDEMNITY & DISPUTE RESOLUTION

You agree to the fullest extent allowable under applicable law to indemnify, hold harmless, and defend Company and its respective Representatives and third-party Affiliates from and against all claims, liabilities, damages, judgments, losses, expenses (including attorneys’ fees), and other costs resulting from or arising out of (a) any deliberate or unintentional violation or alleged violation of these Terms; and (b) Your use as a User or Customer with regard to Company or Company’s Website. Any dispute relating in any way to Your visit to Company’s Website or to Products You purchase(d) through Website shall be submitted to confidential arbitration in the State of Nevada, except that, to the extent You have in any manner violated or threatened to violate Company intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the State of Nevada, and You consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

An open dispute will automatically suspend an active Order, and any shipment for that Order will be placed on hold or—if no action is taken by the Customer, or if the Order is in transit to another location—returned to Our warehouse. If a Customer feels the dispute was made in error, they may contact Company to discuss options on how to remedy their dispute and proceed with the delivery of their Order. Orders can be processed and delivered during open disputes ONLY if Customers remit payment, in full, in the total amount of the original Order via ACH payment (including any applicable fees), whereby the balance from their initial Order will be refunded to them from either Company or the Customer’s financial institution upon full resolution of the open dispute. For Customers with concurrently open claims and disputes, a resolution will be provided following closure of the dispute. This process can take several weeks, and any refund or other resolution will be delayed until a result is reflected in Company’s system. During an open dispute, the funds will not be held in Company’s account and will only be distributed to the appropriate Party once the dispute is resolved. Refunds for closed (resolved) disputes may incur restocking, re-consignment, or other fees based on Company’s Policies. Dispute results in which Company has received the funds for an Order allows Company the right to partially or wholly convert the Order amount to online or in-store credit, which can be used by the Customer for a period of 365 calendar days from the date of the resolved dispute and for any Company Product as listed on Company’s Website or as available in Company’s Showroom. Upon receipt of their funds following a closed dispute, Customers who agree(d) to remit payment for any shipping fees or other incurred charges prior to or during the dispute will continue to be responsible for settling and satisfying these payments with Company per the agreement between Company and Customer and as stated on the invoice due date(s) provided to Customer by Company.

 

Please be aware that although We frequently provide up-to-date and accurate information about Our furniture pieces and standard Order, manufacturing, and shipping procedures, We reserve the right to change prices, Company Terms and other terms, specifications, warranties, and other Policies without notice. Any typographical, photographic, or specification error in the Product description or pricing, can be modified at Company’s discretion at any time before, during, and after Purchase in accordance with the Terms found herein.

 

If there are any questions, You may contact Us at (702) 405-7071.

 

 

Last Updated 10/28/2021