Terms of service

What do these website terms apply to?

These terms and conditions govern the website operated by Modus Real Estate LLC (referred to as “the website”) and all design assets and content hosted on the platform, including graphics, artwork, imagery, interface styling, photography, audio and video content, career listings, software, datasets and all other materials that may be updated from time to time (collectively “content”). By accessing, browsing or using this website and its content, you agree to be bound by these terms and conditions. We reserve the right to amend these terms periodically without prior notice. You acknowledge that each visit to this website and/or its content will be subject to the most current version of these terms. If you do not accept these terms and conditions, you must not access or use this website or any of its content.

What counts as acceptance of these usage terms?

Please note that your use of this website and/or its content constitutes your unconditional agreement to comply with and be bound by these terms and conditions. Even if you save or cache a portion of this website and do not read this agreement in full, your use of the website remains subject to the terms of this agreement. We reserve the right to modify, suspend or discontinue our website and/or any content at any time, with no separate notification to users.

Who owns the website content and what usage rights are granted?

Notwithstanding the above provisions, no content including audio and music may be reproduced beyond what is strictly necessary to access and view the website. You may not copy (except for the temporary viewing noted above), publish, transmit, distribute, publicly display, modify, create derivative works from, sell or commercially exploit any part of the website or its content, in whole or in part. All content is protected by law, including but not limited to United States copyright law and international treaties, as well as trademark, trade dress and other exclusive intellectual property rights. All rights not expressly granted to visitors above are fully reserved. Content is provided for reference only, and should not be deemed accurate, timely or suitable for any specific purpose. Any pricing listed on the website or within its content is for reference only and does not constitute a binding offer to sell.

What about links to external third-party websites?

We do not endorse or guarantee the accuracy of content, information or materials contained on any third-party websites linked to from this website. These third-party links are included on the website for convenience only. Accessing these links is undertaken entirely at your own risk. When you follow these links you will leave our website, and our terms and policies will no longer apply.

What rules apply to content I submit to the website?

When you publish or share comments, messages, data, text, music, sound recordings, photos, graphics or other materials on the website (“user content”) – excluding any information you submit for employment purposes, which we will process in accordance with our privacy policy – you grant Modus Real Estate LLC and its authorised representatives a worldwide, transferable, irrevocable licence to reproduce, modify, adapt, translate, distribute, release, create derivative works from, and publicly display and perform your user content. You also grant Modus Real Estate LLC and its authorised persons the right to use the name you submit alongside such user content, at our discretion.

You further declare and warrant that:

(i) you own or hold all necessary legal rights to the user content you publish or distribute, and have the authority to publish and distribute such content through the website;

(ii) the user content is accurate and not misleading;

(iii) your use, publication or other transmission of the user content does not violate these terms of use, and does not infringe the rights of any individual or entity or cause damage.

User content submitted by you is treated as non-confidential information, and we have no obligation to treat such user content as exclusive or private. Without limiting the foregoing, we reserve the right to handle user content as we see appropriate, including but not limited to deleting, editing, modifying, refusing to publish or removing it from publication. We have no obligation to pay you or any other author for user content. Where you retain moral rights (including rights of attribution or integrity) in your user content, you hereby agree:

(A) you do not require any personal identifying information to be associated with the user content or any derivative works, updates or revisions of it;

(B) our agents may publish, use, modify, delete and otherwise work with the user content;

What activities are prohibited on the website?

You declare and warrant that you will not use our website and/or content for any unlawful purpose, or for any purpose prohibited by these website terms of use. You agree not to share your personal account login information and password with any third party, and not to use our website in any way that may disable, damage, overload or impair the website or its content, or interfere with any other user’s use and enjoyment of the website. You must not misrepresent your identity or submit any false, misleading or inaccurate information to our website. You agree not to harvest or collect email addresses or other contact information of other users from the website to send unsolicited spam messages. You agree not to reverse engineer any part of the website, or deploy any robot, spider, crawler, scraper or other automated device or interface not expressly provided by us to access the website or extract data from it. You agree not to frame the website or otherwise create the false impression that you are affiliated with us or that we have endorsed you for any purpose. At our sole and absolute discretion, we reserve the right to refuse service, terminate accounts and/or cancel orders for any reason, including but not limited to if we determine your use of the website violates applicable laws or harms the interests of Modus Real Estate LLC.

What is our disclaimer and limitation of liability?

The website and its content are provided for general reference purposes on an “as-is” basis, without warranties or conditions of any kind. All risk associated with use of the website or content is borne entirely by you. We make no statements, warranties or conditions as to the quality, accuracy, reliability, completeness or timeliness of the website or content, and accept no liability for any errors, omissions or inaccuracies within the website or its content. To the maximum extent permitted by law, we make no express, implied or indirect warranties, statements or conditions regarding this website and its content, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the website or content will be error-free, or that access will be uninterrupted now or in the future. In no event, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, shall we be liable for any type of damage (including but not limited to direct, indirect, incidental, consequential, special or punitive damages, lost profits, loss of use, data loss, personal injury, fines, fees or other liabilities) arising from your use or inability to use the website or content, even if we have been advised of the possibility of such damage. Some jurisdictions do not allow limitations on implied warranties or the exclusion or restriction of certain damages. Where such laws apply, some or all of the above disclaimers, exclusions or restrictions may not apply to you, and you may have additional statutory rights.

What are your indemnification obligations?

You agree to defend, fully indemnify and hold harmless Modus Real Estate LLC, its subsidiaries and their respective managers, directors, agents and employees from and against all losses, litigation, claims, damages, costs and expenses (including reasonable legal costs and expenses) arising out of or related to your use of this website, your user content, or any breach of this agreement by you. This clause remains in full force and effect after termination of this agreement.

How does our privacy policy interact with these terms?

Please review the practices set out in our privacy policy. The terms of that policy are incorporated into this agreement by reference, and also apply to your use of this website. Any personal information you submit to us when using this website will be used in accordance with our privacy policy.

Do we monitor communications sent through the website?

We may from time to time monitor and review any information sent or received through our website or related email communications. We reserve the right to review, edit, delete or block the transmission or acceptance of any information that we determine violates these website terms of use. Information may be checked, logged or copied during such monitoring, and your use of the website signifies your consent to such monitoring and review. We are not responsible for any content posted or submitted by you.

What are the general contractual provisions?

These website terms of use together with referenced policies and agreements (“the agreement”) represent the entire agreement between you and us concerning the subject matter herein, and supersede all prior agreements and understandings between you and us. If any provision of this agreement is found to be unenforceable for any reason, that clause shall be modified only to the minimum extent necessary to enforce it, and all other terms of this agreement shall remain in full effect. Our failure to take action against any breach of this agreement by you or others does not constitute a waiver, nor does it limit our rights in respect of that breach or any subsequent breach. We may assign our rights and obligations under this agreement to any party at any time without notice to you. This agreement shall be governed by and construed in accordance with the laws of the United States.

What do these sales terms and conditions cover?

These sales terms and conditions apply to the online store hosted at www.hairbymomorad.com (the “online store”), and to all orders and sales transactions for products purchased through it (the “products”). These terms and conditions may be amended from time to time, and you agree to be bound by the terms in force at the time you place an order through the online store. By completing an order for products, you agree to accept and be bound by these sales terms and conditions, whether or not you have read them in full. If you do not agree with these sales terms, please do not proceed with your order. We recommend you print and retain a copy of these sales terms for your records.

How does the online ordering process work?

To purchase products from the online store, you must provide a valid delivery address. Certain addresses do not qualify for purchase and delivery, including PO box addresses and freight forwarding addresses. You will need to provide your name and address, phone number, email address, payment details and other required information. You must hold a valid credit card account. You must be at least 18 years old to purchase products from the online store. You may, but are not required to, create a user account. Through this account you can save your billing and delivery addresses for future orders from the online store. You agree not to share your personal account login information and passwords with anyone, and not to use our website in a way that may disable, damage, overload or impair the website or interfere with any other user. You must not misrepresent your user identity. When placing your order, please ensure the products you are purchasing meet your intended use. Compatibility information provided by the online store is for reference only, and we make no representation or warranty as to the suitability or compatibility of any product for any specific purpose.

How is product pricing calculated?

You confirm your purchase by clicking the checkout button at the end of the checkout process. The purchase price of the product is quoted in pounds, plus additional shipping and handling fees and all applicable taxes. Your chosen payment method will be charged the purchase price in pounds plus shipping costs and applicable taxes. If pricing is incorrect due to a pricing error, we reserve the right to refuse or cancel any product order, and will notify you of the cancellation. Please note that products in your shopping bag reflect the current price displayed on the product detail page at the time. This price may differ from the price displayed when the product was first added to your shopping bag.

How are orders accepted, rejected or cancelled?

You agree that submitting an order through the online store constitutes an offer by you to purchase the products listed in the order, subject to these sales terms and conditions. No contract of sale shall be deemed to have been formed between you and us until we receive your order and send you an order confirmation email containing your order number and the details of your ordered products. We reserve the right to cancel any order before delivery, whether before or after we have accepted your order. Once cancelled, we will send a cancellation notice to the email address you provided. If we cancel your order, we will have no obligation to fulfil your order and you will have no obligation to pay the order fee. Once the product has been shipped, we will collect the amount specified in the order confirmation email. We will not ship the product to you until your card issuer authorises use of your card to pay for the order. Your order confirmation email is your proof of purchase, so you should save and print it for future reference. We retain full legal ownership of the products until full payment for the ordered products is received. If our delivery service notifies us that delivery of the ordered items has been attempted and failed, or if you provide us with an incorrect delivery address resulting in failed delivery, the parcel will be returned to us. If the items are undelivered and returned to us, you agree that we will treat this as you exercising your right to cancel the contract. We will issue a refund to you after we receive the returned products, minus our processing fees, shipping charges and reasonable additional costs incurred.

What about product availability and descriptions?

We reserve the right to change, suspend or discontinue production of products before or after accepting any order, with no prior notice or liability. Please note that in some cases, even where a product is shown as in stock on the website, it may not be available. Adding a product to your shopping cart does not guarantee product availability. We may change prices listed on the website at any time without notice. Any price increases will apply to orders placed after the change. Prices listed on the website do not include any applicable taxes, freight or handling fees. During the checkout process, applicable charges, taxes, freight and handling fees will be added to the total amount payable. Please note that while we have tried to display product colours accurately, the actual colour you see depends on your display device and may not be exact.

Are there purchase limits and resale restrictions?

We reserve the right to limit the number of products purchased per order from time to time, on any basis including per person, per household, per credit card or per order. These restrictions may apply to orders placed through the same account and the same credit card, and also apply to orders using the same billing and/or delivery addresses. If such restrictions apply, we will attempt to notify you of the cancellation or rejection. We reserve the right to restrict or prohibit orders which, in our judgement, appear to be placed by dealers, resellers or distributors, or for any resale purpose. Products from the online store are intended for purchase by end users for personal use, and may not be sold to dealers, resellers or distributors or used for commercial purposes. For the purposes of these sales terms, resale is defined as purchasing or intending to purchase any products from Modus Real Estate LLC for the purpose of selling the same products to third parties, or selling and shipping them outside the United States.

What is our return policy?

Provided you follow our return instructions, we will accept returns of products that are unwashed, unworn and free from defects. Products must have their original tags, user manuals and any complimentary gifts included, in the original packaging received from the website. In addition to the above, footwear returns must include the complete pair of shoes including both shoelaces, dust bags and the original shoe box. You may return products with your original receipt within 30 days of the order date, for a full refund to your original payment method. Any shipping cost from the original order is final and will not be refunded.

Return instructions:

Contact us to initiate your return. We will ask you a few questions relating to the return and then confirm your return merchandise authorisation number (“RMA”). Products returned without a corresponding RMA number cannot be processed.

Package the product securely and take it to your local UPS office. Provide them with your RMA number. They will then transport the products to our facilities. Ensure the courier scans the package to enable tracking during transit.

The postmark date of the returned package must fall within 30 days of the order date.

After receiving the package, our facilities require at least 5–7 business days to process your return. Please allow additional time during holiday periods.

If you fail to comply with the terms and conditions relating to returns, we reserve the right to refuse the return, refuse a refund or deduct reasonable restocking fees or other similar direct costs from the refund amount.

How is your personal information handled during purchases?

Our privacy policy, together with additional clauses in these sales terms and conditions, govern our collection, use and disclosure of personal information. Purchasing products from the online store requires you to accept the privacy policy of Modus Real Estate LLC and agree to the collection, use and disclosure of personal information described in our privacy policy.

What is our liability for products and site content?

We strive to be as accurate as possible and eliminate errors on the website; however, we do not guarantee that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, up to date or free from error. If an error occurs, whether on the website, in an order confirmation, during order processing, in product delivery or services, or in any other aspect, we reserve the right to correct the price or cancel the order and refund any amount already charged. If such errors occur, your sole remedy is to cancel the order and obtain a refund.

These sales terms and conditions set out all our obligations and liabilities in relation to the products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms beyond those expressly set out in these sales terms and conditions. In particular, we are not responsible for ensuring that a product is suitable for you. In no case, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, shall we be liable for any type of damage arising from use of the products, website or any materials or information published on it (including but not limited to direct, indirect, incidental, consequential, special or punitive damages, lost profits, loss of use, data loss, personal injury, fines, fees or other liabilities), even if we have been advised of the possibility of such damage. Some jurisdictions do not allow limitations on implied warranties or the exclusion or restriction of certain damages. Where such laws apply, some or all of the above disclaimers, exclusions or restrictions may not apply to you, and you may have additional statutory rights.

Do you acknowledge these site terms and privacy policy?

You hereby confirm that you have read and understand the website terms of use and privacy policies of Modus Real Estate LLC.

What email marketing communications do we send?

Our email marketing messages include press releases and information about us, our websites, our products and services, any events we may run, and details of discounts and promotional offers we provide from time to time. Our marketing communications include both personalised and non-personalised marketing. Personalised marketing is tailored to you based on what we believe will be most relevant to you, informed by our understanding of your browsing behaviour. Non-personalised marketing is generic marketing that has not been customised for individual users.

What is online behavioural advertising?

We and our third-party partners may use your personal data and other information collected across third-party websites and services to deliver personalised advertisements to you and analyse their effectiveness. What we refer to as “personalised advertisements” are product and service advertisements shown to you based on your interests when using our website, or based on your browsing habits. Our third-party partners may use the data they collect to display personalised advertisements for products and services provided by third parties. These providers may collect information about your visits to our website and interactions with our products and services. They may place and access their own cookies, tags, web beacons or similar technologies on the computer or device you use to access the website, in order to deliver personalised advertisements or other content based on your interests (interest-based advertising). In addition to information about your visit to our website, these providers may also use information about your visits to other websites to advertise products and services provided by Modus Real Estate LLC. As described in the cookies section, you can configure your browser to refuse cookies. In this case you may still receive online advertising, but the level of personalisation may be reduced.

How does social media audience targeting work?

If we advertise to you on social media and other platforms, we will share your email address (usually encrypted or hashed) with third-party advertising partners or social media platforms and other service providers such as Facebook, Google and similar platforms (“social platforms”), so that third-party providers can attempt to match your data with data from registered users on their social platform. By providing email address lists to social platforms or integrating social platform pixels into our own websites and services, social platforms match common data points between our data and data collected through cookies or pixels. For example, we may integrate Facebook pixels on our website or service, and may share your email address with Facebook when using Facebook to customise our audience. If matching is successful, we will show you our advertisements when you use relevant social platforms, for example in your Facebook news feed. This is known as “custom audience” advertising, because we customise the audience we wish to reach with relevant services. Some of the advertisements you see may be tailored specifically for you. For more information about these social platforms and our partners, please refer to our cookies section.

If we advertise to other people with similar interests and characteristics to you, we will also provide your personal data to social platforms. If you are a user of these social platforms, we may ask social platforms to find other registered users with similar interests and characteristics to you, based on the third party’s information about you and other registered users. This is known as “lookalike audience” advertising, because we aim to show our advertisements to people who “look like” our existing customers.

Please note that such activities are also subject to your privacy choices on these third-party services. As a service provided by relevant social platforms, in other cases they may be the controller of personal data collected when you use our social media pages, and may independently use that personal data for other purposes. For detailed information about how relevant social platforms use your personal data and how to request deletion of personal information collected by these social platforms, please refer to the privacy policy of the relevant social platforms.

You can also control how your personal information is used for advertising purposes by visiting http://hairbymomorad.com.

In addition, as described in the cookies section, you can configure your browser to refuse cookies. In this case you may still receive online advertising, but the level of personalisation may be reduced.

How do we measure advertising performance?

We also use tools provided by these social platforms and advertising partners to deliver advertising services and measure advertising performance in various ways. This includes ad management platforms to organise advertising activities, interactive analytics services to understand how you interact with us (including on relevant social platforms), conversion tracking to see if you purchase products, and search advertising tools to serve ads when you search on social platforms or other third-party websites. In addition to your delivery address, such activities may involve sharing your transaction data with social platforms and other advertising partners. For more information about the advertising partners and social platforms we use, please refer to our cookies policy.

Can personal data be transferred across international borders?

Please note that we may transfer information to third parties in accordance with the provisions of this privacy policy, across national borders, from your country or jurisdiction to other countries and judicial regions around the world, including the United States. Your personal information may therefore be transferred to, stored on and/or processed on servers in these other countries. By using our website or services or providing any information to us, you consent to the transfer, processing, use, sharing and storage of information about you in other regions. Laws governing data collection and use in other regions may differ from those in your location, and data protection standards may be different.