TERMS OF SALE

ELIGIBILITY

By using this website or registering for an Account, You represent and warrant that You are, or are an employee, officer, consultant, agent or affiliate of a Retailer that has a contracted with Mode Society to establish a Mode Society account and buy certain goods from us though the Mode Society Site, as described in the "Sales Agreement".

We may, in our sole discretion, refuse to offer the Service or permit the access to certain pages or Brands to You, or any person or entity and change eligibility criteria at any time, especially, but not exclusively, when oriented by the Branch to do so. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to You and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for Your use, and not for the use or benefit of any third party.

We would like you to read our Terms Of Sale Policy carefully to ensure that you are fully aware of your rights when purchasing products (the Products) from our website. Your order signifies your agreement to be bound by these Terms Of Sale and the Sales Agreement, which constitute the agreement between Mode Society LLC and the “Users”.

 SALES AGREEMENT

Each user is subject to a Sales Agreement that defines the terms and conditions of sale's between the user and Mode Society. This Sales Agreement is provided  by Mode Society at the time of registering for use of the Mode Society Website.

No order will be processed by Mode Society without the Sales Agreement's being approved and signed by both the User and Mode Society.

THE CONTRACT BETWEEN US AND THE USER

Users are required to provide a Purchase Order (and purchase order number) at the time of placing an order. The User’s order constitutes an offer to us to buy a product. 

After placing an order, the User will receive an e-mail from us acknowledging that we have received your order. This does not mean that the User’s order has been accepted and processed. All orders are subject to availability and acceptance by us, and we will confirm such acceptance to the User by sending Users a Sales Order. The contract between us ("Contract") will only be formed when we send the User a Sales Order.

The Contract will relate only to those products whose dispatch We have confirmed in the Sales Order. We will not be obliged to supply any other products that may have been part of the User’s order until the supply of such products to the User has been confirmed in a separate Sales Order Confirmation.

We are entitled to refuse any order made by a User for any reason.

PURCHASES

By placing an order through our site, you warrant that:

• You are a minimum of eighteen (18) years old.
• You are resident in one of the Serviced Countries.

Mode Society reserves the right to review and cancel orders at any time. You must provide complete and accurate details at the time of making your purchase. You may be required to provide additional details upon our request to ensure the accuracy of your order. You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address, Mode Society is not obliged to re-send the order to the correct address at our own expense.

PURCHASE PRICES

All prices quoted on the website or pursuant to your inquiry with us are in US Dollars (USD). Costs relating to international orders will be calculated via our integrated currency converter. The actual international currency conversion that you are charged via your bank may vary.

The price payable for the products shall be as shown on the website, but excludes delivery charges. If and when applicable, delivery charges are calculated and shown separately when ordering and must also be paid in advance.

We reserve the right to vary the prices displayed on the Website from time to time and without notice to all and/or any User’s. Such changes are the sole discretion of Mode Society, and all changes are effective immediately when we post them.

Our site contains a number of products, and it is always possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced. As part of our Sales Order procedures, we will normally verify prices so that:

• Where a Product's correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you.
• If a Product's correct price is higher than the price stated on our Website, at our sole discretion, we will normally, either contact the User for instructions before invoicing the Product, or reject the Users order and notify the User of such rejection.

PAYMENT

Payment shall be made by the User, by the means specified on the Website and shall not be deemed to be made until we have received cleared funds in respect of the full amount stated in the Sales Order and/or Invoice.

After User’s make payment for their order, we will email the User a payment received notice, which confirms receipt of your payment.

Prices are subject to change without notice but changes will not affect orders which We have already accepted.

Mode Society accepts payment for all Products by EFT (electronic fund transfer), credit or debit card. We accept payment with Visa, Visa Debit, Mastercard, American Express.

When Making payment for the order (goods or services), the User confirms that they are the authorised User of the credit or debit card used to make payment for their order and that there are sufficient funds to cover the cost of the full order (both goods and services.)

PROCESSING OF ORDERS

We process purchases on business days, which are Monday to Friday and exclude public holidays.

We will provide the User with a tracking number, once we have shipped the User’s order, which the User can use to track their orders delivery.

CANCELLATION OF ORDERS

Mode Society may cancel a User’s order if for any reason we are unable to provide the User with the Products and/or Services subject to their order. We will contact the User’s should this occur. Failure to provide additional details upon request may result in cancellation and refund of the order.

The Users will not be entitled to claim any additional amounts or seek compensation for any loss, expense, or damage (either direct or consequential) or for any loss of time or inconvenience that may result from such cancellation.

LIABILITY

If we do not deliver or if the Products We deliver are not what you ordered or are damaged or defective, or the delivery is of an incorrect quantity, our only obligation will be, at our option, to:

• Make good any shortage or non-delivery or incorrect delivery; or
• Replace or repair any Products that are damaged or defective; or
• Issue a Credit Note or Refund to the User the amount paid by the User for the Products in question.

If the User discovers that their Product is faulty or damaged, We reserve the right to request evidence, such as images of the defect, before issuing any credit note or refund of the price and/or any associated delivery charges or replacing or repairing the product in question.

We shall have no liability to the User for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.

Without prejudice to the foregoing, our total aggregate liability to the User under and/or arising in relation to this contract shall not exceed the amount paid by the User for the Products.

Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.

Nothing in this contract shall exclude or limit the User’s statutory rights.

A person who is not a party to this Contract has no right under this Contracts (Rights of Third Parties) to enforce any term of this Contract.

Should there be an issue with your order when received, please contact us at
sales@mode-society.com with the order number and the product code or product name of the product you ordered, and we will make the appropriate investigations.

We do not assume responsibility for damages that may occur at the time of delivering the order.

RETURN OF PRODUCTS

Any return of products to us by the User will be governed in accordance with Sales Agreement. 

CONSENT

By agreeing to these Terms Of Sale, the User also consent’s to receiving further electronic communications from us in relation to the Mode Society business, including information relating to products, competitions, promotions, special offers, and any other commercial message. The User can unsubscribe at any time from receiving electronic commercial messages from us. Simply email us at
hello@mode-society.com
.