Please Read This Document Carefully. It Contains Very Important Information Regarding Your Rights and Obligations, Including Limitations and Exclusions That Might Apply to You.
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 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.
Once an order has been placed, it cannot be canceled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
2. Payment Terms, Shipping Fees, and Taxes / Duties
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:
At the time you place your order, you will be required to pay fifty percent (50%) of the amount due as a deposit, exclusive of shipping fees and taxes. We will charge the remaining fifty percent (50%) of the amount due, plus shipping fees, at such time as the Product is ready for shipment. Please be aware that because of the “pre-sale” nature of the transactions on our Website, you should expect a delay of approximately six (6) months between the date you place your order and the date that the Product is ready for shipment.
If you are shipping within the United States of America, sales tax will be charged on orders shipping to New York State and New Jersey. This tax will be charged at such time as the Product is ready for shipment. No other tax or import duty will be applied to orders shipped within the United States.
If you are shipping outside the United States on a DDP (Delivery Duty Paid) basis, all relevant import taxes and duties will be charged at such time as the Product is ready for shipment.
If you are shipping outside the United States on a DDU (Delivery Duty Unpaid) basis, no taxes or duties will be charged by us. As the recipient, you will be 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.
We accept payment for all purchases through third-party payment processors. You agree to be bound by and accept the terms and conditions of those processors. Further, you represent and warrant that: (i) the credit card information you supply to us, our vendors, and our affiliates is true, correct, and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Payments may be in United States dollars, British Pounds or Euros. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
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. However, no prices shall affect your Purchase after you have paid your deposit.
4. 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.
5. 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 cancelled, 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.
6. 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), Product 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.
7. Return Policy
We want all of our customers to be happy with purchases made through our Website. Please be aware of the following return policy:
Products must be returned in unused, unworn, unwashed, unaltered, and undamaged condition, with all tags still attached. Such Products must be returned in their original packaging, including any boxes, hangers, garment bags and other signature packaging materials. Free shipping is offered on all items eligible for return. Please note that we cannot accept returns on items if you removed the tags.
- For orders placed September 6, 2012 or after: We accept returns on many items, excluding the Final Sale Products listed below. Return eligibility is listed on each Product page. Returns are eligible for store credit or refund to the original method of payment, where applicable.
- For orders placed prior to September 6, 2012: We accept returns on apparel and footwear Products only, for store credit only. Moda Operandi must receive your returned merchandise within 30 days from the date you received your order. We shall have no obligation to accept any return that we receive after the expiration of the applicable return period.
- Customized items
- Fine Jewelry
- Vintage items
Your return of any Product eligible for return must be received by us within thirty (30) days from the date your received the Product.
If your items are eligible for return you can request a return and print a shipping label for eligible Products by accessing “My Closed Orders” within the “My Account” section of the site. You may also contact Customer Care directly to arrange a return.
8. Contests and Promotions
On occasion Moda Operandi issues promotional codes, site credits, and similar “gift certificates” to members and non-members in the form of alphanumeric codes which will provide a credit towards a modaoperandi.com purchase 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 financial value, generally the price of the item for which the promotional code is used. Multiple promotional codes may not be used for one order transaction. 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.
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 with respect to such matters.