Terms & ConditionsPlease Read This Document Carefully. It Contains Very Important Information Regarding Your Rights and Obligations, Including Limitations and Exclusions That Might Apply to You.
5. Shipping PolicyWe 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 ContentAll 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 PolicyModa 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 CARE@MODAOPERANDI.COMModa 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 LiabilityIn 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)Moda Operandi offers complimentary return shipping for items eligible for return in accordance with this Return Policy. Subject to certain conditions and exceptions explained below in this Return Policy, and unless otherwise expressly indicated on a Product’s detail page at the time of purchase, we are pleased to accept timely returns of certain new and unused Products, as follows:
- Full Price: Products purchased at full price are eligible for return for a full refund within 28 days from the date that the Product was delivered to you.
- Promotions: Products that are purchased with a Promotion are eligible for return for a full refund within 14 days from the date that the Product was delivered to you.
- Markdowns: Products purchased at a discount (other than with a Promotion) or on markdown are eligible for return for site credit within 14 days from the date that the Product was delivered to you.
- Final Sale: Products purchased on final sale (as further described below) are not eligible for return or a refund.
- Fine Jewelry
- Customized items
- Vintage items
- Cosmetics, Skincare, and Fragrances
- Hosiery / Lingerie
- Fur coats, vests, gillets, and stoles
- Exotic leathers
- Wedding dresses
- Special Order Items
- Items subject to a markdown (which does not include reductions in price solely because of a Promotion)
- Items indicated as “final sale”
- If you have a Moda Operandi account, sign in and locate the item/order under "ORDER HISTORY". Click "REQUEST RETURN" next to the Product(s) you wish to return and follow any instructions. A pop-up page will appear with the prepaid shipping label, instructions, and international commercial invoices (where applicable)
- If you checked out as a guest, please contact our Care team to request a return label. You can reach Care at CARE@MODAOPERANDI.COM or at (800) 707-9898 if you are calling from the United States, or +1 (212) 729-0984 if you are calling internationally
- Exceptional Products may be purchased in one of two ways: either directly from us, or from the EP Vendor.
- If you purchase an Exceptional Product directly from us:
- All sales of Exceptional Products are final and non-refundable (subject to applicable law and EP Vendor availability), and resales are prohibited, but you may gift your purchase of an Exceptional Product to another person, so long as you provide us notice of their contact information, with their permission, prior to finalizing your order. Any sales tax, duties, import taxes, or similar charges, will be determined based on the recipient’s address and collected at the time of any balance payment.
- If the purchase price for an Exceptional Product is not collected in full at the time of your order, to finalize your purchase (and notwithstanding anything to the contrary in any order/checkout confirmation page or communication), you must pay any balance (including any applicable duties, taxes, VAT, or similar charges) in full within 72 hours, unless a greater time period is indicated in the Exceptional Product detail page. We will promptly reach out to you at the email address or phone number in your order to finalize your order and process any balance payment. If you do not pay the balance in full within the applicable time period, we reserve the right to cancel your order, return any deposit, and offer the Exceptional Product for sale publicly.
- Pursuant to your purchase of an Exceptional Product, we will provide the applicable EP Vendor with your (or the designated recipient's) name and contact information so that the EP Vendor may perform the EP Fulfillment. You give us permission to share such information (or the contact information of your designated gift recipient, and you confirm to us that you have their permission for us to share such information) with the EP Vendor for the purposes of EP Fulfillment, and to cooperate and assist in such EP Fulfillment as we deem necessary or appropriate.
- As between you and us, the EP Vendor is solely responsible for EP Fulfillment, and we are only responsible to collect from you payment for the Exceptional Product and to use our commercially reasonable efforts to confirm your order with the EP Vendor. If the EP Vendor does not confirm your order for any reason, we will issue you a refund in full.
- If you purchase of an Exceptional Product from the EP Vendor:
- Upon your inquiry and confirmation to us of your intent to purchase the Exceptional Product, we will provide the applicable EP Vendor with your (or your designated recipient’s) name and contact information so that the EP Vendor may finalize the order as it deems necessary or appropriate, collect payment, and perform the EP Fulfillment. You give us permission to share such information (or the contact information of your designated gift recipient, and you confirm to us that you have their permission for us to share such information) with the EP Vendor for the purposes of negotiating and finalizing your order, collecting payment, and EP Fulfillment. For clarity, such orders are not final or confirmed until accepted as such by the EP Vendor pursuant to its applicable processes, terms, and conditions.
- As between you and us, the EP Vendor is solely responsible for EP Fulfillment, and to collect from you payment for the Exceptional Product and any applicable sales tax, VAT, duties, import taxes, or other government charges and fees, but we may cooperate and assist you and/or the EP Vendor in in such EP Fulfillment as we deem necessary or appropriate.
- EP Fulfillment will take place in the time and manner as specified in the Exceptional Product detail page and in the EP Vendor’s reasonable discretion, and as may otherwise be agreed by you or us with the EP Vendor. If EP Fulfillment is delayed or canceled in connection with events outside of the EP Vendor’s reasonable control, the EP Vendor may, in its discretion, issue a refund, or reschedule, defer, or reasonably modify the EP Fulfillment.- The price of an Exceptional Product covers the cost of the Exceptional Product only. Unless expressly indicated otherwise in the Exceptional Product detail page, the price does not include sales tax, VAT, import taxes, duties, or any travel, lodging, meals, services, documentation, insurance, registrations, modifications, customization, or government fees or charges. If the EP Vendor offers or permits you to make customizations or modifications to or in connection with the Exceptional Product or EP Fulfillment, any applicable costs or expenses (and any related taxes or charges) are your sole responsibility, and you agree to pay such amounts upon request by us or the EP Vendor. We do not provide any warranty or guarantee with respect to an Exceptional Product or EP Fulfillment.- You agree that we are not liable for, and you expressly agree to waive and release all claims, now known or hereafter known, against us and our affiliates and our and their employees, owners, shareholders, directors, officers, agents, and representatives (collectively, "Moda Parties"), and to hold us and the Moda Parties harmless from and against any claims, charges, liabilities, losses, injury, damages, and costs, in each case, in connection with your purchase of an Exceptional Product and EP Fulfillment.- You are responsible to comply with all applicable laws, rules, and regulations in connection with the Exceptional Product and your participation in the EP Fulfillment. We do not warrant that Exceptional Product descriptions are complete or accurate, and may be subject to reasonable changes at EP Vendor’s discretion. EP Fulfillment may be subject to additional terms and conditions by the EP Vendor, and you are responsible to review, assent to, and comply with any such terms.14. MiscellaneousThese 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 our Services 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. If you have any questions or concerns regarding these Terms and Conditions, please contact email@example.com or by calling our Care team at (800) 707-9898 if you are calling from the United States, or +1 (212) 729-0984 if you are calling internationally. Please note that communications with Care may be recorded or monitored.