Terms and Conditions


Terms and Conditions contain an arbitration provision. Please review the Arbitration section for details.

Acceptance of the Terms and Conditions ‣

These Terms and Conditions set forth the legally binding terms and conditions for your use of the various websites owned and operated by Bessss, LLC d/b/ XYZ (“XYZ,” the “Company,” “we,” “us,” or “our”) of including, without limitation, the touchofmodern.com website (the "Website"), the mobile application offered by XYZ (the "App"), your purchase of the products sold through our Website and App (the "Products"), but not your use of such Products, and any other features, content, or applications offered from time to time by XYZ in connection with the above (collectively, the "Service").

Please read the Terms and Conditions carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at https://www.XYZalways.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Website or the App.

Eligibility

This Service is offered and available to users who are 18 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

Terms of Sale

Prices and Payment Terms

We display discounts on our Website or the App in connection with each Product. Discounts are calculated using pricing information provided to us by merchants (such as suggested retail prices from the manufacturer, supplier, or the merchant, or an estimated price based on standard industry practice).

We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences. If you do not wish to continue with your order after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.


Returns and Refunds

Unless otherwise required by law, XYZ accepts returns on certain Products on a case-by- case basis. If, however, a Product is listed as final sale, we will not accept returns for such Product, unless it is defective. If a Product offered by XYZ is defective, please send an email to [email protected] within 48 hours of receiving the Product, unless a longer time is required by law. We will either replace the defective product or issue a full refund. For more information on our Return Policy and how we handle Returns, please check our FAQs.

You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

Refunds or exchanges for returns will be processed when the item has been received in our warehouse. Upon return, your item will be inspected, and exchanges, credits or refunds will be issued for the purchase price. Please allow up to 2 to 3 weeks for your refund or exchange to process.

Refunds can be issued in the form of a gift card or processed back to the original method of payment. Original payments made by cash or check are refunded by company check from our corporate office within 2 to 3 weeks of the item being received in our warehouse.


WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE OR FINAL SALE.

For defective returns, please refer to the manufacturer's warranty included with the product or as detailed in the Product's description.

Special Offers

Occasionally we will offer special promotions. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only. If there is a conflict between the terms for a promotion and these Terms and Conditions, the promotion terms will govern.

Goods Not for Resale or Export

You represent and warrant that you are buying Products or services from the Service for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States of America and to Canada.

Additional Terms

Some of our services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a service, we will make them available for you to read through your use of that service. By using that service, you agree to the Additional Terms. All such Additional Terms are hereby incorporated by this reference into these Terms and Conditions.

We may reach out to you if we see a social media post that we would like to re-post. If you agree to let us do so, the additional terms located will apply.

Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, media, displays, images, video and audio, and the design, selection and arrangement thereof, and other content available on the Website and the App), and our trademarks, logos and brand elements are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The look and feel of the Website and services are copyright © XYZ, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from the XYZ.

These Terms and Conditions permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access, or use for any commercial purposes, any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to [email protected].

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms and Conditions, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.