Terms & Conditions at ModaXpressOnline.com
MODA XPRESS TERMS & CONDITIONS
Version Date: April 15, 2025
Thank you for shopping at ModaXpressOnline.com. Our goal is to make sure that you are completely satisfied with your online shopping experience.
Please read these Terms & Conditions carefully. Your use of ModaXpressOnline.com (referred to as the “Site,” “we,” “us,” or “our”) constitutes your agreement to these Terms & Conditions. ModaXpressOnline.com reserves the right to change or update these Terms & Conditions at any time without notice. When changes are made, we will post them here. You may want to check this section periodically to ensure that you agree with and follow the latest version of these Terms & Conditions.
1. Product Availability
ModaXpressOnline.com provides affordable, quality merchandise. Please understand that some items may be available only while supplies last. On occasion, certain items displayed on our Site may no longer be in stock even if they appear available. Once an item is sold out, we will attempt to remove it promptly from display; however, display of an item is not a guarantee that the item is available. If you have any questions regarding the availability of a particular item, please contact our customer service department for assistance.
2. Product Catalog Display
We make every reasonable effort to display our merchandise as accurately as possible. However, factors such as color settings of your device and monitor capabilities may affect how items appear on your screen. If you are not satisfied with any item you purchase, you may return it in accordance with our Return Policy. Please refer to our Return Policy for more details.
3. User-Generated Content
Any comments, suggestions, product reviews, or other user-generated content that you submit to ModaXpressOnline.com may be used by us for any purpose, including but not limited to reproduction, publication, advertisement, posting, modification, transmission, display, and distribution. We will not use any of your personal information (e.g., name, address) without your written consent. By submitting or posting content to our Site, you grant us a royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, publish, and modify such content. All such submissions become the sole property of ModaXpressOnline.com.
4. Links From Other Websites
We have no control over websites that link to ModaXpressOnline.com. If you click on a link to visit a site that does NOT contain the domain name ModaXpressOnline.com, please note that we are not associated with the content, promotions, or offers you may see there. We do not guarantee the accuracy or validity of third-party promotions, discount codes, or specials. If you have questions about promotional content seen elsewhere, please contact us at support@ModaXpressOnline.com.
5. Copyright Notice
All images, photographs, and promotional graphics appearing on ModaXpressOnline.com are the exclusive property of ModaXpressOnline.com and are protected under the United States and international copyright laws. These images may not be reproduced, copied, transmitted, or manipulated without our written permission. Any such unauthorized use is a violation of the law.
6. Restrictions of Use
In consideration of being allowed to use ModaXpressOnline.com, you agree that the following actions shall constitute a material breach of these Terms & Conditions:
- Collecting information about ModaXpressOnline.com or its users without our written consent.
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering, or altering any content on our Site without our written consent.
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, or algorithm to access or monitor any portion of the Site without our authorization.
- Accessing or using the Site for commercial or competitive purposes without permission.
- Disguising the origin of information transmitted to or from the Site.
- Impersonating another person or allowing someone else to impersonate you.
- Distributing viruses or other harmful code.
- Using the Site for any purpose in violation of local, state, national, or international laws.
- Using the Site in a way that is intended to harm or is reasonably likely to harm the Site, users, or others.
- Circumventing any measures we implement to prevent or restrict access to the Site or to enforce these Terms & Conditions.
7. Limitation of Liability
ModaXpressOnline.com is not responsible for any infections, contaminations, delays in operation or transmission, line failures, errors, omissions, interruptions, or defects arising from your use of this Site. We will not be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from:
- Your use or inability to use the Site or its content.
- Errors or omissions in the materials or information on the Site.
- Any other cause, even if ModaXpressOnline.com or its representatives have been advised of the possibility of such damages.
In no event shall ModaXpressOnline.com’s total liability exceed the total amount paid by you to ModaXpressOnline.com for the transaction or purchase that is the subject of your claim.
8. Web Accessibility Statement
ModaXpressOnline.com is committed to providing a website accessible to the widest possible audience, regardless of technology or ability. We aim to adhere to standards and guidelines, such as the W3C Web Content Accessibility Guidelines 2.0, Level A. If you have difficulty accessing our Site, please contact us at support@ModaXpressOnline.com.
9. Jurisdiction
We control the Site from offices in the State of Florida. We do not represent that the materials published on the Site are appropriate or available for use outside of the United States. If you access the Site from outside of the United States, you do so on your own initiative and are responsible for compliance with all applicable laws.
10. Revisions
We may terminate, change, suspend, or discontinue any aspect of our Site at any time without notice. We also reserve the right to change or modify these Terms & Conditions at our sole discretion, without notice. Your continued use of our Site after any changes have been posted constitutes your acceptance of the revised Terms & Conditions.
11. Merchant Disclaimer
Using any information, software, or products found on the internet involves certain risks, and you acknowledge that you understand these risks before purchasing anything via the Site. Information published on the Site is provided for informational purposes only and is presented “as is” and “as available” without warranties of any kind, either express or implied.
To the fullest extent permissible under applicable law, ModaXpressOnline.com disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
12. MODA VIP MONTHLY MEMBERSHIP
12.1 Description of Membership
The Moda VIP Monthly Membership (the “Membership”) is an optional program that provides members with exclusive benefits, such as special discounts, early access to sales, free shipping, or other perks as determined by ModaXpressOnline.com.
12.2 Recurring Billing and Payment Authorization
By enrolling in the Membership, you authorize ModaXpressOnline.com to charge the payment method you provide (e.g., credit card) on a recurring monthly basis for the Membership fee. The fee will be charged in advance each month unless you cancel under the terms described below. You represent and warrant that you have the legal right to use the payment method provided.
12.3 Cancellation
You may cancel your Membership at any time by contacting us at support@ModaXpressOnline.com or through your online account.
- If you cancel before your next scheduled billing date, your Membership will terminate at the end of the current billing cycle, and you will not be charged for the subsequent month.
- No prorated refunds or credits are provided for partial months unless required by applicable law.
12.4 Membership Fees and Refunds
Membership fees are nonrefundable once billed, except where required by applicable law or explicitly stated otherwise. If your payment method is declined or cannot be charged, ModaXpressOnline.com may suspend or cancel your Membership at its discretion.
12.5 Membership Benefits
ModaXpressOnline.com reserves the right to change or discontinue any Membership benefits at any time with or without notice. Such changes will not affect your right to cancel the Membership.
12.6 Termination by ModaXpressOnline.com
We may terminate or suspend your Membership at our sole discretion, for any reason, including non-payment, violation of these Terms & Conditions, or any fraudulent or abusive activity. If we terminate or suspend your Membership, you will receive an email notice with the reason for termination or suspension.
12.7 Changes to Membership
We reserve the right to change the monthly Membership fee or any Membership benefits. If we change the Membership fee, you will be notified at least thirty (30) days in advance and have the option to cancel before the new fee takes effect.
13. LOYALTY POINTS PROGRAM TERMS & CONDITIONS
13.1 Description of the Program
The ModaXpressOnline.com Loyalty Points Program (the “Program”) allows customers to earn points (“Points”) from eligible purchases or other qualifying activities. Points can be redeemed for future discounts, products, or other rewards as determined by ModaXpressOnline.com.
13.2 Eligibility and Enrollment
- The Program is open to individuals who maintain an account on ModaXpressOnline.com.
- Businesses or entities may not enroll unless specifically permitted by ModaXpressOnline.com.
- By participating in the Program, you agree to abide by these Terms & Conditions and any related rules or policies.
13.3 Earning Points
Points are earned by engaging in qualifying activities, such as:
- Making eligible purchases (e.g., $1 spent = 1 Point, or as otherwise stated).
- Participating in promotions, surveys, or other Point-eligible activities.
Points will be added to your account based on the terms of the promotion or purchase. ModaXpressOnline.com may retroactively adjust your Points if you cancel, return, or refund any purchase that earned Points.
13.4 Point Redemption
Points do not have any cash value and cannot be redeemed for cash. Points may only be redeemed toward eligible rewards, products, or services. Redemption requirements and the number of Points needed for certain rewards are subject to change at our discretion.
13.5 Point Expiration and Forfeiture
Unless otherwise specified:
- Points may expire if not used within a certain time period (e.g., one year from the date they are earned).
- If your account is closed, canceled, or terminated for any reason, any unredeemed Points may be forfeited at our discretion.
13.6 Program Modifications and Termination
We reserve the right to change, modify, or end the Program at any time with or without notice. This includes altering the rate at which Points are earned or redeemed, or changing the rewards offered.
13.7 Fraud and Abuse
Any form of fraud, abuse, or unlawful activity related to the Program—such as creating multiple accounts or manipulating the Points system—may result in the termination or suspension of your participation. In such cases, any accumulated Points may be forfeited, and ModaXpressOnline.com may pursue all available legal remedies.
13.8 Limitation of Liability for the Loyalty Points Program
ModaXpressOnline.com is not liable for any technical or program malfunctions, lost or delayed data transmissions, or any other errors in the administration of the Program. We are not responsible for Points or rewards that are lost, stolen, or redeemed without authorization. Decisions by ModaXpressOnline.com regarding the Program are final and binding.
14. Miscellaneous
14.1 Entire Agreement
These Terms & Conditions constitute the entire agreement between you and ModaXpressOnline.com concerning your use of the Site, including the Moda VIP Monthly Membership and the Loyalty Points Program, and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral.
14.2 Severability
If any provision of these Terms & Conditions is found invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.
14.3 No Waiver
Our failure to enforce any right or provision under these Terms & Conditions does not constitute a waiver of that right or provision.
14.4 Governing Law
These Terms & Conditions and any dispute arising out of them or the Site are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles.
14.5 Contact Information
For any questions or concerns regarding these Terms & Conditions, please contact:
Moda Xpress
Email: support@ModaXpressOnline.com