Terms & CONDITIONS

Please Read This Document Carefully. It Contains Very Important Information Regarding Your Rights and Obligations, Including Limitations and Exclusions That Might Apply to You.

These terms and conditions apply to the purchase and sale of products (“Products”) through www.modaoperandi.com (the “Website”). By placing an order for such Products, you agree to be bound by, and accept, these terms and conditions. These terms and conditions are subject to change by Moda Operandi, Inc. (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this Website, and you should review these terms and conditions prior to purchasing any Product. These terms and conditions are an integral part of the Website terms of use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for goods through this Website.

1. Order Acceptance and Cancellation
Your receipt of an electronic, or other form of, order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If applicable, your order will be refunded in the original form of payment. If your credit card has been charged and your order is canceled, we will immediately issue a refund to your credit card account in the amount of the charge and notify you that your order was canceled. Orders placed using M’O Credits will be available immediately to use once the order is canceled. Promotions will be refunded and reactivated in your account, as long as the promotion has yet to expire.

Trunkshow Orders
Once a Trunkshow is closed and the preorder accepted by the designer, we will not be able to make changes to the order. This includes size changes, style changes, quantities, etc. We will try to accommodate late preorder requests, but this is purely at the discretion of the designer. As soon as the preorder has been placed and the Trunkshow has closed, it cannot be canceled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested. Any delays, production changes, or cancellations will be communicated to the customer as soon as it is confirmed by the designer. Any other cancellation requests are at the discretion of Moda Operandi, and may only be refunded as M’O Credits.

Boutique Orders
Boutique orders may be canceled any time before the order is packed by contacting care@modaoperandi.com as soon as possible. You will receive a full refund, including any shipping, duties, and/or regional taxes.

2. Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:

All orders are subject to verification for security reasons. You will be contacted and will have 48 hours to complete verification process. If you do not respond after such time, you will be notified and the order will be canceled and refunded in the original payment method.

Payments may be processed in United States dollars or Euros. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below. Payments made on debit/credit cards outside of US Dollars will be calculated using currency conversion on www.xe.com on the day of the transaction. You agree that M’O is not responsible for any credit shortages due to currency conversion rates.

If you preorder Products, you will be required to pay fifty percent (50%) of the amount due as a deposit at the time you place your order, exclusive of shipping fees and taxes. We will charge the remaining fifty percent (50%) of the amount due, plus shipping fees, and any taxes or duties owed at such time as the Product is ready for shipment. Please note that any available M’O Credits will be automatically applied towards the balance of any pending orders.

If you order Products available for immediate shipping from our Boutique, you will be required to pay the full amount due, plus shipping fees and any taxes and/or duties associated with the Product at the time you place your order.

Please be aware that because of the “pre-sale” nature of such transactions, you should expect a wait period of approximately four to six (4 to 6) months between the date you place your order and the date that the Product is ready for shipment. The estimated delivery window will be noted on the Product page of the respective Trunkshow.

3. Changes in Products and Pricing
We are constantly updating and revising our offerings of Products, and we may discontinue Products at any time without notice. All pricing for the Products is subject to change. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances. If the price of an order changes after you’ve paid for it in full or after you’ve paid the down payment, your order will be canceled and your monies refunded.

We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a refund to your credit or debit card account in the amount of the charge and advise you of the canceled order. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy, as set forth below.

4. Shipping Fees, Taxes, and International Duties
If you are shipping within the United States of America, sales tax will be charged on orders shipping to New York State and California. For preorder Products, this tax will be charged at such time as the Product is ready for shipment and for all other Products, this tax will be charged at the time you place your order for the Product. No other tax or import duty will be applied to orders shipped within the United States.

Orders shipped from our New York warehouse will be sent via FedEx within the domestic United States, via DHL to international destinations, and via WorldNet to Russia. Orders shipped from our London warehouse are shipped via UPS to all destinations, and via WorldNet to Russia.

If you are shipping outside the United States on a DDP (Delivery Duty Paid) basis, import taxes and duties will be automatically applied at the time of checkout. For preorder Products, all relevant shipping fees, import taxes, and duties will be charged at such time as the Product is ready for shipment and for all other Products, such shipping fees, import taxes, and duties will be charged at the time you place your order for the Product. The costs of shipping and any import taxes, and duties paid are non-refundable.

If you are shipping outside the United States on a DDU (Delivery Duty Unpaid) basis, no taxes or duties will be charged by Moda Operandi. This detail will be noted at Checkout and on the confirmation email sent once order has been placed. As the recipient, you will be responsible and liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Payment of these amounts will be necessary to release your order from customs on arrival.

5. Shipping Policy
We offer a variety of shipping options to meet your shipping needs. Please check the shipping options at checkout for specific delivery options and fees. No C.O.D. orders can be accepted.

Please note that the posted shipping time frame, if provided, may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.

These shipping terms, including the terms set forth in our Shipping Guidelines, are accepted by you by placing an order with us.

All orders are dispatched with ‘No Signature Required’ and may be left at a residence deemed safe by the delivery company. Moda Operandi is not responsible for any loss or liability or damage that may result from leaving your package at the shipping address without a signature. If you prefer to have your order shipped with ‘Signature Required’ please contact care@modaoperandi.com so that we may make arrangements.

Moda Operandi is also not responsible for any international shipping delays caused by the customs clearance process.

6. Advertising Disclaimer and Trademarks
We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a refund to your credit or debit card account in the amount of the charge and advise you of the canceled order. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy, as set forth below.

7. Price Adjustment Policy
Moda Operandi will honor price adjustments on products purchased within a 15-day period prior to the start of a sale. Please note that the product has to still be available on the site in the same size originally purchased. All approved price adjustments will be issued in the form of M’O Credits and the product will be a Final Sale.

Moda Operandi is only able to honor price adjustments at the initial markdown, and will be unable to honor them with subsequent markdowns or changes in prices, if any. Moda Operandi will not price match any sale or discount prices with any other retailers, including affiliates.

8. Limitation of Liability
In no event shall we or our suppliers have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), products liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the Products. Our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Products you have ordered through our Website. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of Products.

9. Return Policy
Moda Operandi offers complimentary return shipping on all orders. We are pleased to accept timely returns of new and unused products within 15 days from the date you received your order. Returns can be refunded as M’O Credits or to the original method of payment, where applicable. Pre-orders placed across multiple cards will be refunded to the same cards used, regardless of the cards being removed from the site, cards expiring, or updating card information.

Your products must be returned in the original packaging, including any boxes, hangers, garment bags, and other signature packaging materials, including Moda Operandi and designer hanging tags. Other designer packaging such as belts, dust bags, authenticity cards, and leather tags should all be included where provide. If your order did not include the proper packaging please email care@modaoperandi.com.

Any returned products which are damaged, do not include the packaging materials, soiled, or altered may not be accepted and will be returned to you. Refunds or credits will not be processed until the items are returned and inspected by M’O.

Shoes
Shoes must be tried on over a carpeted surface to prevent any scratches to the soles. All shoes must be returned in their original shoe box. Shoes returned without the original box, a damaged box, or marked soles may not be accepted and will be returned to you.

Faulty Products
Products that are received damaged or become damaged by a manufacturing fault within six (6) months of purchase are considered faulty. Items that become damaged as a result of normal wear and tear are not considered to be faulty. M’O will determine, in its sole judgment and discretion, whether the damage is as a result of normal wear and tear or some other reason.

Damaged or faulty products will be replaced or repaired, where possible and subject to availability. Where possible we will offer to repair the faulty item. If a product cannot be replaced or repaired, you are entitled to a full refund within the six (6) month period.

Late Returns
Any product returned outside of the 15-day return policy are at the discretion of Moda Operandi, and may not be accepted or only accepted for M’O Credits.

Product Colors
We have made every effort possible to ensure the colors are displayed as accurately as possible. M’O cannot guarantee your computer’s monitor will accurately display the true color. If you have any questions about the color of an item please contact care@modaoperandi.com prior to placing your order.

Final Sale
All products not eligible to be returned will be noted in the Product Details. No returns or exchanges will be accepted on the following items and sales of the following items are considered Final Sale:

  • Vintage items
  • Fine Jewelry
  • Customized items
  • Swimwear
  • Books
  • Housewares
  • Cosmetics, Skincare, and Fragrances
  • Hosiery
  • Lingerie

If you would like to return a product not listed above, sign in to your Moda Operandi account, and locate the item/order under “ORDER HISTORY”. Click “REQUEST RETURN” next to the product(s) you wish to return and a pop-up page will appear with the prepaid shipping label, instructions, and international commercial invoices (where applicable). You will also receive a “Return Requested” email confirmation with a copy of the label, instructions, and international commercial invoices (where applicable) attached.

You may use one (1) return label to return multiple products from different orders in one package. Simply affix one of the return labels to the outside of the box. International orders must include any and all commercial invoices of the products being returned to prevent any delays with clearing international customs.

Our free return shipping does not apply to items outside the country to where they were originally shipped.

We prefer our products are returned to Moda Operandi using the provided labels from FedEx, UPS, DHL, or our Sameday New York City service to ensure the products are protected and insured. However you may return goods at your sole risk and expense using any safe and secured means. We do request that you contact us at care@modaoperandi.com regarding such returns. Please note that Moda Operandi may not accept liability for any good returned to us outside our own return labels. Returns may be sent to the address below:

Moda Operandi
315 Hudson Street, 5th Floor
New York, NY 10013
Attn: Returns

10. Contests and Promotions
On occasion Moda Operandi issues promotional codes, site credits, and similar “gift certificates” which will provide a credit towards a purchase on the Website when redeemed at checkout. These codes are non-transferrable, and are to be used only by the intended recipient. In particular, Moda Operandi reserves the right to cancel a promotion and/or to reject redemption of a promotional code when the total value of the promotional code exceeds a certain value, generally the price of the item for which the promotional code is used.

Promotions are only eligible for full-priced products and are limited to one per transaction. Minimum spends may be required and will be communicated on any correspondence. Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. Moda Operandi shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.

Promotional codes do not cover the costs of any shipping, duties, and/or regional taxes where applicable. These are to be paid by you. Promotions may be applied to new Trunkshow orders, but will only be deducted from the balance due. The 50% deposit must be paid at the time the order is placed, in order to submit to the brand.

All promotions have an expiration date which will be indicated in your account or in any communication to the customer. Once a promotion has expired the amount may not be refunded. If the promotion is still active, it will be refunded back to the customer’s account to be used towards a future order.

Any and all Moda Operandi contest rules and regulations will be communicated directly to the customer.

11. Miscellaneous
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof. These terms and conditions may not be altered, supplemented, or amended by the use of any other documents. The laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Website and the purchase of Products. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the State and Federal Courts of New York located in Manhattan with respect to such matters.