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.
8. Limitation of Liability; No WarrantiesAny conditions, rights, warranties or guarantees implied by law into these Terms and Conditions or with respect to your purchase of Products are expressly excluded to the extent permitted by law. In no event shall Moda Operandi, its affiliates, and its and their respective officers, directors, managers, employees, and other representatives (collectively, the “Moda Parties”), under any circumstances, have any obligations or liabilities to you or any other person (i) 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, (ii) arising out of or in connection with the sale, delivery, or use of or inability to use the Products or Services, (iii) as publisher of information, (iv) as a reseller of any products or services, (v) for any incorrect or inaccurate information, or (vi) for statements or conduct of any third party on or through the Services. Subject to the above exclusion of liability and to the maximum extent permitted by law, 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. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Moda and you.You expressly understand and agree that:
- The Services and all materials and content contained therein are provided on an “as is” and “as available” basis, and your use of the Services is at your sole risk. Except as otherwise expressly provided in these Terms and Conditions, the Moda Parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the generality of the foregoing, the Moda Parties make no warranty that: (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) information that may available or contained in the Services will be accurate or reliable; and (iv) the quality of any products, services, information, or other material obtained through the Services will meet your expectations or needs.
- All Products purchased from Moda are provided “as-is”, and subject only to any applicable warranties of their respective manufacturers, distributors, and/or suppliers, if any. To the fullest extent permitted by applicable law, the Moda Parties expressly disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the Products listed or purchased on or through the Services. Without limiting the generality of the foregoing, the Moda parties expressly disclaim all liability for product defect, fault, or failure, claims that are due to normal wear, misuse, abuse, modification, and non-compliance with any directions.
- 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.
- 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.
- Fine Jewelry: Fine Jewelry Products are eligible for return for a full refund within 14 days from the date the Product was delivered to you.
- Timepieces: Timepiece Products are eligible for return for a full refund within 14 days from the date the Product was delivered to you.
- Final Sale: Products purchased on or designated as final sale (as further described below) are not eligible for return or a refund.
- Customized, personalized, custom, or made to order items
- Vintage items
- Hosiery / lingerie
- Exotic leathers
- Wedding dresses
- Special Order Items
- Items indicated as "final sale"
- Customized or personalized Products
- Swimwear or lingerie with the protective or hygienic strip removed
- Cosmetic, skincare, or fragrance Products which were unsealed after delivery
- 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, you can request a return online at https://www.modaoperandi.com/request-return or by contacting Care.
- Exceptional Products are available on a first-come, first-served basis.
- 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.