Introduction
Welcome to the Mode Of One® website and online store! These Terms and Conditions outline the rules and regulations for the use of Mode Of One®’s website and related services.
By accessing this website and placing an order, you agree to be bound by these Terms and Conditions, along with our Privacy Policy. If you do not agree with all of these terms, you may not access or use this website.
We recommend reviewing these Terms and Conditions periodically, as they may be amended from time to time per Mode Of One®’s discretion. Your continued use of our website after any changes signifies your acceptance of the revised Terms and Conditions.
Use of the Website
Permitted Use: The content and information on this website is for your personal and non-commercial use only. You may download and print extracts from the website for this purpose.
Restricted Use: You may not use this website for any illegal or unauthorized purposes. You agree not to access or use our website in any way that could damage, disable, overburden, or impair the website or interfere with anyone else’s use and enjoyment of the website. You may not attempt to gain unauthorized access to any products, accounts, systems, or networks associated with the Mode Of One® website through hacking, password mining, or any other means.
Account Creation: In order to use certain features of the website like placing orders or posting reviews, you may need to register and create an account. When creating an account, you agree to provide truthful and accurate information. You are responsible for maintaining the confidentiality of your user name and password and agree not to share your credentials with any third parties.
Order Acceptance: Completion of an online order form does not constitute acceptance of your order by Mode Of One®. Orders are only confirmed once we dispatch the products or send you an order confirmation email. Mode Of One® reserves the right to deny or cancel orders at any point for any reason.
Reviews: If the website allows posting reviews, all submitted reviews must comply with the Review Posting Guidelines outlined below. Mode Of One® reserves the right to take down any reviews that do not meet the guidelines.
Purchases and Payments
Product Availability: While we aim to maintain accurate inventory counts on our website, the availability of products can change rapidly and cannot be guaranteed. We reserve the right to cancel your order if the product goes out of stock before we process and ship your order.
Product Pricing: Prices and availability of products on this website are subject to change without notice. Errors may occur, and Mode Of One® reserves the right to decline orders where incorrect pricing was displayed.
Payment Methods: We accept major credit and debit cards processed through secure online payment partner platforms. You represent that you are authorized to use the payment method you provided during checkout to complete the transaction.
Recurring Payments: Some products may involve recurring payments or subscriptions, like membership programs. Details about billing frequency and how to cancel recurring charges will be outlined during checkout and in the product description.
Order Processing: Order processing and fulfillment may take 1-3 business days, excluding shipping time. We will send order and shipping confirmations once your order is on its way.
Taxes: You are responsible for any applicable local sales or use taxes that may apply to your order, as required by state and local laws.
Delivery, Shipping and Handling
Product Delivery: We aim to have all orders shipped within 2-5 business days of order confirmation. Transit times vary based on your location and the selected shipping options. Delivery delays can occasionally occur during periods of high order volume.
Shipping Options and Costs: We provide a range of shipping options with associated costs listed at checkout. You will be able to select your preferred shipping method during checkout. Standard shipping costs will be shown on the checkout page before you place your order.
Tracking Information: You will receive email and tracking information when your order ships so you can track its progress. Please allow 24-48 hours after you receive the shipping notification for the tracking information to activate in the system.
Risk of Loss: The risk of loss and title for purchases pass to you once we hand the items over to the carrier. You are responsible for filing any claims with carriers for damaged, lost or undelivered shipments.
Delivery Issues: We are not liable for any delays in shipment, erroneous delivery, or missed delivery due to inaccurate or out-of-date shipping information you provided or events outside our control like strikes, errors by shipping carriers, weather disruptions, or customs issues.
Returns and Refunds: Details about our returns and refunds process can be found in the Returns Policy section below.
Undeliverable Packages: If your order remains unclaimed or undeliverable for any reason outside our control, we may cancel the order and provide you a refund, minus applicable shipping costs.
Returns Policy
Returns Acceptance: We accept returns and exchanges on most products for 30 days from the date your order was delivered. Some exceptions may apply for special, personalized or hygienic products.
Return Conditions: Products must be returned in original packaging and in unused, unworn, unwashed condition with tags still attached. We do not accept returns if the products have been damaged or altered in any way or are not in resalable condition.
Return Process: To return a product, please submit a return request through our online Return Center. You will be provided with a return shipping label or further instructions. All returns must be shipped back to Mode Of One® within 30 days of submitting the return request.
Refund Types: Based on the return condition, we will process a refund, exchange, or Mode Of One® Credit as per the table below:
| Return Condition | Refund Type |
|---|---|
| Unused with tags | Full refund to original payment method |
| Lightly used | Exchange or Mode Of One® Credit |
| Heavily used, damaged, missing parts | No refund or exchange |
Refund Timeline: We will review your return within 3-5 business days of receiving the shipment. Once approved, refunds are usually processed back to the original payment method within 5-7 business days. Mode Of One® Credits will be added to your account electronically.
Return Shipping Cost: You are responsible for the return shipping costs unless the return is due to our error like shipping the wrong or damaged item. Mode Of One® will provide a prepaid return label or reimburse return shipping costs in such cases.
Exchanges: If you would like an exchange, please indicate your exchange preferences in the return request. We will do our best to accommodate exchanges, but cannot guarantee availability of inventory.
Final Sale Items: Products marked “Final Sale” on the website cannot be returned or exchanged. Please review your order carefully before purchasing.
Product Warranties
Product Warranties: Mode Of One® guarantees that the products we manufacture are free of material and workmanship defects for a warranty period of 1 year from the date of purchase. Products sold by Mode Of One® but manufactured by third parties are subject to the manufacturer’s warranty terms.
Warranty Coverage: The warranty covers repair or replacement costs for defective products or parts. Mode Of One® may opt to refund the purchase amount to you if we cannot readily and quickly provide repair or replacement.
Warranty Exclusions: The warranty does not apply to damage caused by improper product use, wear and tear, modifications, alterations, accidents, or unauthorized repair attempts.
Warranty Claims: Please contact our Customer Experience team through email or phone to initiate a warranty claim. You will need to provide proof of purchase and photos documenting the defect. Once verified, we will repair or replace the product at our discretion or provide you a refund.
Disclaimer: Aside from the warranties and guarantees stated above, Mode Of One® makes no other representations or warranties about the products offered on our website. Please report any significant inconsistencies in products to us promptly.
Limitation of Liability
NO LIABILITY FOR DAMAGES: IN NO EVENT SHALL MODE OF ONE®, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM USE OF THIS WEBSITE, PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE.
THIS LIMITATION APPLIES TO ANY LOST PROFITS, REVENUES, SALES, DATA OR COSTS OF PROCUREMENT AND COVERS ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY: IN NO EVENT SHALL MODE OF ONE®’S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY, EXCEED THE GREATER OF:
(A) THE TOTAL OF ANY FEES PAID BY YOU TO ACCESS OR USE THE SITE OR
(B) $100
THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO INCREASE THIS OVERALL LIMIT. THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY TO ANY NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY.
User Content and Acceptable Use Policy
User Content: The website may allow users to post content like reviews, comments, photos and videos (“User Content”). User Content must comply with the following rules and restrictions:
- Content cannot be false, inaccurate, misleading, defamatory, threatening, harassing or cause distress to others.
- No publishing other people’s private or confidential information without permission.
- No offensive, obscene, pornographic, vulgar, hateful or discriminatory content.
- No criminal or illegal activities or encouragement of the same.
- No spamming or flooding continuous, repetitive content.
- No advertising or solicitations of business.
- No impersonating other users or individuals.
- No intellectual property infringement, copyright violations or trademark violations.
- No uploading of viruses, malicious code or malware.
- User content cannot represent the views or opinions of Mode Of One®, its directors or employees.
Community Usage Rules: If the website offers community features like forums, chat rooms, or social media forums, the following rules apply:
- Treat everyone with respect – no personal attacks, trolling, bullying or intimidation.
- Stick to site-related topics – no off-topic spam or conversations.
- No physical threats, impersonation of others, or violation of privacy.
- No inappropriate usernames, avatars or content, including profane language or content.
- No sharing of others’ personal information without consent.
Consequences for Violations: Mode Of One® reserves the right to take down any User Content and suspend or ban accounts of users that violate these rules, at our sole discretion. We may also report cases of serious violations to legal authorities.
Reporting Violations: You may report objectionable User Content by emailing us. Please include URLs and descriptions of the content in question so we can effectively review your complaint.
Disclaimer: Mode Of One® is not responsible or liable for any loss or damage caused due to the use of our community features by users, including from User Content. Use good judgement when interacting with others online.
Copyright and Trademark
All content and materials on the Mode Of One® website, including text, graphics, logos, icons, product images and software, are our sole property or the property of our content suppliers and protected by U.S. and international copyright laws. The compilation of content and materials on this site is our exclusive property and protected by U.S. and international copyright laws.
Trademarks: Mode Of One®’s trademarks and trade dress may not be used in connection with any product or service that is not provided by Mode Of One®. Our trademarks and trade dress may not be used in any manner that causes confusion with customers, disparages or discredits Mode Of One® or the products.
Copyrights: All content and materials displayed on or through this website, including text, graphics, logos, icons, product images and software are protected by copyright and other laws. Reproduction is prohibited other than as necessary to view the site. Derivative works or modifications are prohibited.
Product Photos: The product photos displayed belong to Mode Of One®. Using or downloading these photos for purposes other than shopping on our website violates copyright and other laws.
User Content License: When you post User Content, you grant Mode Of One® a worldwide, perpetual, royalty-free license to use, copy, modify, distribute, publish, adapt or derive benefit from your User Content in any form and for any purpose.
DMCA Policy: Mode Of One® complies with the Digital Millennium Copyright Act (DMCA). As per DMCA, we will expeditiously take down content if properly notified that content infringes copyright. See our DMCA Policy for details.
Accounts and Passwords
To purchase products, access certain parts of the website like order history, or post reviews, you may need to create a Mode Of One® account. When you create an account, you agree to the following:
- Account Security: You are responsible for maintaining the confidentiality of your account credentials like username and password. Do not disclose your password to anyone.
- Account Access: Mode Of One® personnel will never ask for your password. Any such requests are fraudulent.
- Accurate Information: You must provide accurate personal information when signing up for an account, place orders or making payments. Keep your account information updated if anything changes.
- Account Use: Your account is to be used only by you or persons authorized by you. You are responsible for any account misuse by authorized or unauthorized users.
- Account Monitoring: Mode Of One® is not obligated to monitor use of your account for unauthorized or illegal activities. However, we reserve the right to suspend or terminate accounts if we believe unauthorized use or account sharing is occurring.
- Account Termination: Mode Of One® may terminate your account at any time if we determine you have violated these Terms and Conditions, with reasonable notice to you via email or phone.
Email and Text Communications
Order and Shipment Confirmations: By placing an order with Mode Of One®, you agree to receive order and shipping confirmation emails or texts to the contact information you provide. These are transactional account notices that you cannot opt out of.
Promotional Communications: When you create an account or make a purchase, you may also opt-in to receive promotional emails and SMS messages like announcements, deals, newsletters, surveys, etc. You have the right to opt out or unsubscribe from promotional communications at any time. Each promotional message will provide instructions on how to unsubscribe.
Information Use: The contact information like email, phone or address you provide may be used to send order confirmations, shipping updates, promotional communications, and other notifications.
Third Party Communications: Mode Of One® may partner with third parties to manage our communications. These service providers are not authorized by us to use your information for any other purpose beyond facilitating communications on our behalf.
Security: Although we aim to secure email and SMS communications, we cannot guarantee the security or confidentiality of these communications while in transit or on the receiving device.
External Sites and Advertisements
Third Party Links: The Mode Of One® website contains links to third party websites and services. We are not responsible for the privacy practices, terms of use or content on any third party site. We recommend reading the terms and privacy policies of third party sites you visit.
Online Advertisements: Mode Of One® website pages may display advertisements from third parties and affiliate marketing programs. These ads are hosted on our site but we do not control their content. Advertisers and affiliates may collect your data directly through these ads.
Social Media Features: Our website includes social media buttons and widgets like Facebook Like and Twitter Tweet buttons. These features may collect information like your IP address and the pages you visit to personalize ads and recommendations on those platforms.
Behavioral Advertising: We participate in online advertising services like Google Ads and Facebook Ads to market our products. These platforms may display our ads to you based on your browsing behavior and inferred interests to provide more relevant promotions.
Affiliate Disclosure: Mode Of One® participates in various affiliate marketing programs. We may earn commissions through affiliate links to third party sites from qualifying purchases. However, affiliate partnerships never influence our reviews or recommendations in any way.
Governing Law and Dispute Resolution
Governing Law: These Terms will be governed by the laws of the State of New York and the United States of America, without regard to conflict of law rules. The exclusive jurisdiction and venue for any disputes will be courts located in New York.
Negotiation: If any dispute arises between you and Mode Of One®, our representatives shall first try to resolve it through friendly consultations based on mutual understanding.
Arbitration: If we cannot reach resolution within 30 days, the dispute may be referred to and finally resolved through binding arbitration. Arbitration shall be conducted in accordance with JAMS Arbitration Rules and Procedures.
No Class Action: There shall be no right or authority for any claims within the scope of this agreement to be arbitrated or litigated on a class action or consolidated basis or in a representative capacity.
Equitable Relief: We retain the right to seek injunctive relief to prevent misappropriation of intellectual property rather than adhering to this dispute resolution process.
Changes to the Terms and Conditions
We may update these Terms and Conditions periodically at our discretion. All changes will take effect immediately from the date of publication. Your continued use of this site after any changes constitutes acceptance of the new Terms and Conditions. If you do not wish to abide by the changes, you should immediately cease using our website.
