Terms of Sale

TERMS OF SALE

Welcome to the MoMA Design Store website, located at https://store.moma.org/ (the "Retail Site").
This page describes how we provide our products to you via the Retail Site ("Terms of Sale").

For more information regarding your use of the Retail Site and MoMA.org, and how we collect, use, and process your personally identifiable information, please refer to our Terms of Use and Privacy Policy located at https://www.moma.org/about/about-this-site/#terms-of-use. By using the Retail Site, you agree to be bound by our Terms of Use and Privacy Policy.

All sales of products made via the Retail Site shall be governed by these Terms of Sale. Therefore, please read these Terms of Sale carefully before using the Retail Site and placing an order. By using the Retail Site and placing an order, you are agreeing to the Terms of Sale.

PLEASE READ THE TERMS BELOW CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THE TERMS OF SALE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THESE TERMS OF SALE AT ANY TIME WITHOUT PRIOR NOTICE, AND YOUR USE OF THE RETAIL SITE (INCLUDING BY PLACING AN ORDER) AFTER ANY SUCH MODIFICATIONS INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF SALE AS MODIFIED. WE ENCOURAGE YOU TO REVIEW THESE TERMS OF SALE WHENEVER YOU USE THE RETAIL SITE.

INFORMATION ABOUT US
This Retail Site is operated by MoMA Design Store (“MoMA Design Store”, “MoMA”, “we”, “us”, or
“our”). For any customer service questions during business hours (9:30 A.M. to 5:00 P.M. ET), please call (800) 793-3167 or submit a request.

1. ELIGIBILITY
By using the Retail Site and/or placing an order for products from us, you represent that you are 18
years of age or older, and are fully able and competent to enter into and be bound by the terms,
conditions, representations and warranties contained in these Terms of Sale. If you do not meet this
eligibility criteria, please do not use the Retail Site or place an order.

2. PURCHASE POLICIES
Your purchase is subject to these Terms of Sale, the MoMA Shipping Policy, the MoMA Returns Policy,
the MoMA Promotion Code Policy, the MoMA Rewards Terms & Conditions, and the terms applicable to In-Store Pickup Orders each of which is hereby incorporated by reference into these Terms of Sale (collectively, and as they may be amended from time to time, the “MoMA Policies”). By placing an order and submitting payment information to the Retail Site, you agree to the MoMA Policies incorporated by reference.

3. PLACING AN ORDER AND CONTRACT CREATION
While we make every effort to ensure the content we present on the Retail Site is accurate, product
listings are solely informational (see Section 5 below) and constitute an invitation for you to make an offer to purchase a product. By completing the checkout page and submitting a purchase order, you are creating an offer for MoMA’s review and consideration. We reserve the right at any time after receipt of your offer to change, update or cancel orders at any time without prior notice (see Section 8 below), including, without limitation, to (i) accept or decline your offer for any reason or for no reason at all; (ii) refuse to sell the product to you at the listed price if we discover a pricing error on the Retail Site; and (iii) supply less than the quantity you ordered of any product without prior notice to you. If we do not or cannot accept an order placed by you for any reason, including if the items you seek to purchase are not available (see Section 4 below), we will attempt to notify you by email.

When you order a product from the MoMA online store, we need to know your name, billing and shipping addresses, telephone number, email address, and credit card information to process your order. Your credit card information will be sent to our third-party payment card processors and service providers to perform fraud detection and payment processing services. If your purchase is rejected by our website because it was detected as a possible fraudulent use of a payment card, and you are in fact the authorized user of the card, you can contact us at orderservices@moma.org or call (800) 851-4509 for the issue to be evaluated and resolved. We do not store credit card numbers. If you choose to have your payment information saved for future purchases, we will retain payment information using tokenization technology for enhanced security. We will retain your other personally identifiable information for our records, in order to facilitate better customer service, and to inform you of our products and promotional offers.

If MoMA accepts your order, we will send you an order confirmation email; this confirms that a
purchase contract is formed between you and us in relation to the order of any product specified in the email and we will charge the purchase (including any applicable tax and shipping, see Section 6 below) to the method of payment you have designated.

We accept the following payment methods: Visa, MasterCard, American Express, PayPal, Shop Pay, G Pay, and MoMA Gift Cards. You are solely responsible for fulfilling that payment consistent with the applicable agreement with your payment provider. No product will be shipped or ready for pickup in store until payment has been received in full.

4. PRODUCT AVAILABILITY
Availability of products advertised on the Retail Site is not guaranteed. Products displayed on the Retail Site may be available only in select MoMA Design Stores and, in some cases, only stores in select foreign markets. In addition, certain products may only be available online through the Retail Site. These products may be limited in quantity and are subject to return in accordance with the MoMA Returns Policy. You can verify availability prior to placing an order by calling our customer service team at (800) 793-3167.

Most of our products listed online are in-stock and ready to ship. However, some of our more popular products may be on backorder, discontinued or sold out. If applicable, we will note the expected in stock date on the product page. When a product is on backorder, you will be able to sign up to receive an email as soon as the product is available for purchase.

We will notify you via email if a product you ordered becomes unavailable after your submission of an
order, and we will endeavor to provide an estimated date of when the product will be available.
However, some products may not be back in stock and dates are subject to change. You may cancel your order and be eligible for a refund if you have already been charged.

5. PRODUCT INFORMATION; ACCURACY OF INFORMATION
All product features and specifications described or depicted on the Retail Site are subject to change at any time without notice. We strive to present the most recent, accurate, and reliable information on
our Retail Site at all times. However, from time to time there may be information on our Retail Site that
contains typographical errors, factual inaccuracies, or omissions, that relate to product descriptions,
pricing, promotions, offers, availability, or other product characteristics. In addition, we cannot
guarantee that the display of any color or style on your computer or mobile device will be accurate. Any errors are wholly unintentional.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update
information, and to cancel any promotion, offer or order, at any time for any reason and without prior
notice - including after you have submitted your order. Errors due to unforeseen technical website or
payment issues may arise, which may also affect availability of products or delivery on your individual
order. Before using a product that you have purchased on the site, read all labels, warnings and directions that come with the product.

6. PRICING; SALES TAX
The prices displayed on the Retail Site are quoted in U.S. Dollars. We add applicable sales tax on orders shipped in accordance with applicable laws in each U.S. state. The amount of sales tax charged is based on current tax rates. In some states, shipping charges are also subject to tax. Any taxes will be indicated on the checkout page. State and local tax rates and laws are subject to change at any time. For questions about your state, consult your local tax laws. No sales tax is charged on the purchase of a Gift Card.

The amount of sales tax shown at checkout may be inaccurate. We reserve the right to modify the
amount charged at any time to reflect the correct sales tax amount, regardless of what is shown on the checkout page. If there are errors in our calculation of sales tax, we reserve the right to collect estimates of sales tax and to later adjust the associated charges as necessary.

Although we make a good faith effort to list the prices that we intend to charge upon receipt of an offer from you on the Retail Site, errors can occur. If there is an error, we reserve the right to decline to sell the product to you at the listed price, even if you have completed the checkout process.

7. IN-STORE PICKUP ORDERS
MoMA Design Store offers the option to buy online and pick up at our New York City-locations with no
shipping fee incurred. Most orders placed on the Retail Site by 12:00 P.M. ET are ready the same day,
pending inventory availability and volume of orders. You can select to pick up in the store at checkout.
Please see the terms and conditions relevant to In-Store Pickup Orders HERE.

8. CANCELLATIONS; RETURNS; EXCHANGES
Since orders are processed almost immediately, it generally is not possible to change or cancel an order once it has been placed. If you have made an error in placing your order or desire to cancel your order, please call our customer service team at (800) 793-3167 Monday to Friday 9:30 a.m. ET - 5:00 p.m. ET. If your order is already being processed, you may return unwanted items or items ordered in error in compliance with our Returns Policy.

We reserve the right to refuse, limit, or cancel any order placed through the Retail Site. This right may
be exercised in MoMA’s sole discretion and applied, without limitation, on a per customer, per address,
per payment account, or per order basis. Furthermore, we reserve the right, in our sole discretion, to
limit or prohibit orders that appear to be placed by dealers, resellers or distributors. If we suspect or
discover that you are using the Retail Site for any fraudulent or unlawful purpose, or if you submit false
or suspicious information to the Retail Site, then we may block you from making future purchases.

Please read our Returns Policy for details how to return products. Certain products are not eligible for
return. Our products are available in very limited quantities for a short time. Therefore, we are unable to offer exchanges.

9. DISCLAIMER OF WARRANTIES AND INDEMNITY
THE PRODUCTS THAT YOU PURCHASE THROUGH THE RETAIL SITE ARE SUBJECT TO ANY APPLICABLE THIRD PARTY WARRANTIES FROM THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS OR SUPPLIERS, AND ARE PROVIDED TO YOU BY MOMA “AS IS”; YOUR USE OF THE PRODUCTS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOMA DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY AND ALL STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, ANY AND ALL WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, AND ANY AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, MOMA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR PRODUCT DEFECTS, FAILURE, MISUSE, MODIFICATION OR FAILURE TO COMPLY WITH PRODUCT DIRECTIONS, INSTRUCTIONS OR WARNINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. UNLESS REQUIRED BY APPLICABLE LAW, ANY WARRANTIES PROVIDED IN RELATION TO PRODUCTS ONLY EXTEND TO YOU ON THE UNDERSTANDING THAT YOU ARE A USER AND NOT A RESELLER OF THOSE PRODUCTS.

YOU HEREBY ACKNOWLEDGE THAT THE SOLE AND ENTIRE MAXIMUM LIABILITY OF MOMA FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DEMAND, SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCT(S) WHICH GIVE RISE TO SUCH CLAIM OR DEMAND.

NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THESE TERMS LIMIT OUR LIABILITY TO YOU FOR ANY LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.

You agree to indemnify, defend, and hold MoMA, its affiliates, trustees, directors, officers, employees,
and agents harmless from all claims, causes, costs, expenses, fees (including attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your purchase of any and payment for any product on the Retail Site, your use of any product purchased through the Retail Site, your breach of the MoMA Policies, or your violation of any law, rule, regulation, or third party rights.

10. PROMOTIONAL CODES
Please read our Promotion Code Policy for further information on using promotional codes.
We reserve the right to cancel any promotion, offer or order at any time and for any reason.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

11. MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS.
You irrevocably agree to submit any and all disputes, claims or controversies arising out of or relating to these Terms of Sale, or any product you purchase therefrom, to AAA, or its successor, for mediation, and if the matter is not resolved through mediation, then to AAA, or its successor, for final and binding arbitration. All arbitrations must proceed on an individual basis, and you hereby waive the right to assert or participate in a class action arbitration, and to assert or participate in any joint or consolidated arbitration of any kind.

Claims shall be heard by a single arbitrator. The place of arbitration shall be New York, New York. The
arbitration shall be governed by the laws of the State of New York. The arbitrators may determine how
the costs and expenses of the arbitration shall be allocated between the parties, but they shall not
award attorneys' fees.

You agree to maintain as strictly confidential all negotiations and proceedings pursuant to this section,
except as is required by court order or as is necessary to confirm, vacate or enforce a judgement or
award.

12. GENERAL
You acknowledge and agree that in the event that any provision of these Terms of Sale is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, you agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms of Sale. MoMA’s failure to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision unless agreed to in writing signed by MoMA.

These Terms of Sale and any amendments, or revisions thereto shall be governed and construed in
accordance with the laws of the State of New York, without regard to principles of conflicts of laws.

These Terms of Sale, including, without limitation, all MoMA Policies, are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof.