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 you have been charged. If your order has been cancelled or limited, the applicable amount any payment made pursuant to that order will be refunded to the original form of payment. If you have been charged and your order is canceled, we will promptly issue a refund to your original form of payment in the amount of the charge and notify you that your order was canceled. Orders placed using Rewards Points (see below) or site credit will be refunded if the order is canceled, and the Rewards Points or site credit will be available for use promptly once the order is canceled.
Some of our limited-time presale events allow you to place preorders for Products from specific designers or collections that are then made specifically for you (“Trunkshow”) and fulfilled at a later date when the Product is ready for shipment. Once a Trunkshow is closed and the preorder is accepted by the designer, we will not be able to make any changes to the size, style, quantity, or type of Product ordered. After 30 days from the date of your Trunkshow order the order cannot be canceled, unless the Product is Fine Jewelry, in which case the order for that item cannot be canceled after 24 hours from the time of the order. If the shipment is unavoidably delayed, we will do our best to cancel the Trunkshow order if you request, and we will keep you informed about delays, production changes, or cancellations that the designer relays to us. Any other cancellation requests of Trunkshow orders are at the discretion of Moda Operandi, and any such cancellation may only be refunded as site credit. Please see Payment Terms below for more information on how we process payments and any refunds for Trunkshow orders or other preorders. Once you receive your order, if you are not satisfied with it, you may return it in accordance with our Return Policy set out below.
Many of our products are available to you for immediate purchase or for preorder from pre-existing or anticipated inventory and are not made for you specifically ("Boutique"). Once a Boutique order has been made, we will not be able to cancel the order or make changes to the size, style, quantity, or type of Product ordered. Once you receive your order, if you are not satisfied with it, you may return it in accordance with our Return Policy set out below.
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. If you are contacted for verification, you will have 48 hours to complete the 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.
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 in currency other than US Dollars will be calculated using currency conversion on www.xe.com on the day of the transaction. You agree that Moda is not responsible for any credit shortages due to currency conversion rates.
If you preorder Products, you will be required to pay either the full purchase price or a percentage of the amount due as an initial payment at the time you place your order, exclusive of shipping fees and taxes. In the case of an initial payment, we will charge you the remaining amount due, plus shipping fees, and any taxes or duties owed at such time as the Product is ready for shipment. We will first apply any available site credit in your account to the balance owed, and if you do not have any site credit or your site credit is not enough to cover the amount owed, we may charge the remaining balance to the same method of payment as used for the initial payment or to any active payment methods, including credit card(s), on your account at the time the payment is due. If your payment information has changed, please contact firstname.lastname@example.org with your updated payment information. If the remaining payment cannot be processed, your order will be cancelled, and you will be issued a site credit for any amount that you have paid for that Product.
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 or preorder Product page.
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.
3. Changes in Products and Pricing
We are constantly updating and revising our offerings of Products and Services, and we may discontinue Products and Services at any time without notice. All pricing for the Products is subject to change. For all of our prices and Products and Services, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances.
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 we discover an error in the pricing or description of a Product, we shall have the right to refuse or cancel any orders placed for the Product. 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 you order a Trunkshow Product that was incorrectly priced, you will be contacted by a Care representative and given the option to purchase the Product at the correct price, or to cancel your order and receive a refund for the amount that you have paid as soon as possible, in accordance with our refund policy below. If you order a Boutique Product that was incorrectly priced, your order will be canceled and we shall issue a refund as soon as possible, in accordance with our refund policy below.
4. Shipping Fees, Taxes, and International Duties
Product prices displayed through the Services do not include taxes (including any value added tax ("VAT")), duties, or shipping charges.
For international customers, applicable local taxes (including such taxes as VAT), import taxes, and duties will be determined, displayed, in the aggregate, and charged at checkout (unless you are shipping to destinations on a DDU (Delivery Duty Unpaid) basis, as discussed further, below). All other non-customs-related local taxes (other than VAT) are the customer’s responsibility, and Moda Operandi is not responsible for reporting or paying additional local taxes to states, such as any use tax. Any taxes and duties are calculated on the total merchandise value, after discounts or promotional codes and/or promotional site credits ("Promotions") have been applied.
When shipping to countries outside of the US, most destinations are delivered on a DDP (Delivery Duty Paid) basis, which means relevant import taxes and duties are calculated at checkout and processed by Moda Operandi once your order ships. If you are shipping on a DDU (Delivery Duty Unpaid) basis, import taxes and duties will not be paid through Moda Operandi. Instead, the shipping carrier will invoice you upon delivery of your merchandise. 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, and as the recipient, you will be responsible and liable for all import duties, customs and local sales taxes levied by the country to which you are shipping. Payment of these amounts will be necessary to release your order from customs on arrival. For a list of DDP and DDU countries please see our FAQs .
Orders shipped from our United States and UK warehouses will be sent via UPS, DHL, WorldNet, or another carrier. We ship the majority of our Products worldwide from our warehouses in the United States. For Trunkshow and preorder Products, all relevant shipping fees, local taxes, import taxes, and duties will be charged at such time as the Product is ready for shipment. For all other Products, such shipping fees, 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.
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. For more information, please refer to our Shipping FAQ .
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.
Moda Operandi is also not responsible for any international shipping delays caused by the customs clearance process.
6. Intellectual Property and Content
All copyright, designs, trademarks and all other intellectual property visible through the Services, including Moda Operandi Software and all HTML and other code contained on our Website and App, is the sole property of Moda Operandi or their respective owners. You are permitted to use the content on the Services only as expressly authorized by Moda Operandi and/or its third party licensors. Any reproduction or redistribution of the above listed Content without permission is prohibited and may result in civil and criminal penalties, where "Content" is defined as data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on the Website.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within the Services. You may not use the Services, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site(s).
7. Price Adjustment Policy
Moda Operandi will honor price adjustments on Products purchased within a 14-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 site credit and the Product will be a Final Sale. If you wish to request a price adjustment in accordance with this policy, please contact email@example.com .
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 or Services. 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 Services. 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 (Returns and Refunds)
We are pleased to accept timely returns of new and unused Products. Here is our latest policy based on different type of purchase:
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 updated 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 provided. If your order did not include the proper packaging please email firstname.lastname@example.org.
For international orders, the costs of shipping and any import taxes and duties paid are non-refundable.
Moda Operandi monitors the number and condition of Products returned and orders cancelled by customers. Repeated returns or cancellations or violations of our terms and conditions will be flagged and may, at our discretion, lead to the closure of your Moda Operandi account or future orders being refused.
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.
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. Moda 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.
At the discretion of Moda Operandi, any Product returned outside of the deadline for returns may not be accepted or only accepted for site credit.
We have made every effort possible to ensure the colors are displayed as accurately as possible. Moda 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
email@example.com prior to placing your order.
Final Sale—Items Not Eligible for Return or Refund
All Products that are (i) considered Final Sale as listed below (or as listed on our Shopping Sale FAQ page), or (ii) otherwise indicated as “final sale”, are not eligible to be returned, exchanged, or refunded, except in certain circumstances in jurisdictions where we may be required to accept returns, exchanges, or refunds by law, such as for customers in the UK and the European Union.
If you return or send to Moda any Product that is not eligible for return or refund in accordance with these Terms and Conditions (including, but not limited to items considered Final Sale), any Product that is not listed on the return authorization from Moda in respect of the respective shipment from you to us, and/or any product that you did not purchase from Moda, we may, without notice to you, retain and dispose of such Product(s) and/or product(s) at our discretion, and refunds or credits will not be issued for such Product(s) and/or product(s).
**Return Process: Format address as:
Moda Operandi Returns
C/O Radial Inc
4200 East Braden Boulevard
Easton, PA 18040
If you would like to return a Product not listed above, please use the provided return label within your original shipment. To request a replacement return shipping label:
You will also receive a "Return Requested" email confirmation with a copy of the label, instructions, and international commercial invoices (where applicable) attached.
Simply affix the return label to the outside of the box. International orders must include 3 copies of the commercial invoices of the Products being returned. This is 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 return labels 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 firstname.lastname@example.org regarding such returns. Please note that Moda Operandi may not accept liability for any goods returned to us outside our own return labels. Returns may be sent to the address below:
Moda Operandi Returns
C/O Radial Inc
4200 East Braden Boulevard
Easton, PA 18040
10. Contests and Promotions
On occasion Moda Operandi issues Promotions which may offset the purchase price of certain Products when redeemed at checkout. These 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 Promotion when the total value of the Promotion exceeds a certain value, generally the price of the applicable Product(s).
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. Exclusions apply to promotions, and some brands Moda carries are excluded from promotions. For a complete list of the brands excluded from promotions, please see our FAQs.
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 and the value of the Promotion will be reflected at checkout.
All promotions have an expiration date which will be indicated with the promotion. Once a promotion has expired, it shall no longer be valid or used.
Any and all Moda Operandi contest rules and regulations will be communicated directly to the customer.
11. Moda Rewards
Members of Moda Rewards Program earn purchase Rewards Points and other exclusive perks. Moda Rewards Point balances are displayed in your account center. Your account must be in good standing to receive, and use, points. Please see our FAQs for more information about earning and spending Moda Rewards Points.
Merchandise returns and other financial adjustments will be deducted from your total Moda Rewards Program point balance, at the sole discretion of Moda Operandi. Points are awarded on dollars spent on the Product, not including duties, tariffs, taxes, and shipping costs.
When you have Moda Rewards eligible to be used towards a purchase, they shall be displayed in your profile and at checkout.
Moda Rewards are not transferrable and Rewards can only be utilized for purchases made at www.modaoperandi.com or on the Moda app. Moda Rewards are not awarded to corporate accounts. All points expire 365 days from your last eligible purchase.
Moda Operandi may terminate this rewards program at any time, with or without notice, which may result in forfeiture of any unused but accumulated points. Moda Operandi may also limit, delete or change any of the rules, terms, conditions, benefits or eligibility for the program, with or without notice. This, too, may result in a loss of any unused but accumulated points.
These terms and conditions are governed by the laws of New York State without regard to conflicts of laws. By becoming a Moda Rewards member you agree to be bound by the laws of New York and to submit to the exclusive personal jurisdiction and venue of the State and Federal Courts of New York located in Manhattan.
For questions regarding your point balance or the Moda Rewards Program please contact email@example.com or by calling Customer Care at (800) 707-9898 if you are calling from the United States, or +1 (212) 729-0984 if you are calling internationally.
12. Your Content and Prohibited Uses