Terms of service
Welcome to New ModCloth. These Terms of Service are designed to make shopping with us clear, fair, and straightforward. By accessing or using newmodcloth.shop, placing an order, or using our services, you agree to these Terms of Service.
New ModCloth is an online B2C retailer specializing in women's dresses, including Midi Dresses, Casual Dresses, Special Occasion Dresses, and Maxi Dresses.
Please read these terms carefully before using our website or placing an order.
1. Overview
These Terms of Service (“Terms”) govern your use of the New ModCloth website, products, services, and purchases.
By using our website, you confirm that you are legally able to enter into an agreement under the laws applicable to you.
If you do not agree with these Terms, please do not use our website or place an order.
2. Definitions
For purposes of these Terms:
-
“New ModCloth,” “we,” “us,” or “our” means New ModCloth.
-
“Website” means newmodcloth.shop and its related pages and services.
-
“You” or “your” means the person accessing the Website or purchasing products from us.
-
“Products” means the physical goods offered for sale through our Website.
-
“Order” means a purchase request submitted by you through our Website.
3. Website Use and Accounts
You may browse our Website without creating an account where this functionality is available.
If you create an account, you are responsible for providing accurate information and keeping your login credentials confidential.
You agree to notify us promptly if you believe your account has been accessed without authorization.
We reserve the right to suspend or terminate an account if we reasonably believe it is being used fraudulently, unlawfully, or in violation of these Terms.
4. Products and Product Information
We make reasonable efforts to ensure that product descriptions, images, colors, sizing information, and other product details are accurate.
Because colors and product images may appear differently depending on your device or screen settings, there may be minor visual differences between an image displayed online and the physical product you receive.
For clothing, please review available sizing information carefully before ordering. If a dress does not fit as expected, please refer to our return and exchange procedures.
Product availability may change without notice.
5. Orders and Contract
When you submit an order, you are making an offer to purchase the selected products.
After receiving your order, we may send an order confirmation acknowledging that your order has been received. An order confirmation does not necessarily mean that the order has been finally accepted.
We reserve the right to cancel or refuse an order in reasonable circumstances, including:
-
Product availability issues
-
Pricing or listing errors
-
Suspected fraudulent activity
-
Incorrect or incomplete order information
-
Shipping restrictions
-
Suspected unauthorized resale or other prohibited activity
If we cancel an order after payment has been received, we will arrange an appropriate refund.
Orders are generally processed within 4–7 business days.
6. Prices and Payment
Prices displayed on our Website are shown in the applicable currency at checkout.
We accept:
-
Visa
-
MasterCard
You authorize the applicable payment provider to process the amount due for your order.
We take reasonable measures to protect payment transactions. Payment information may be processed by third-party payment providers, and their applicable terms and privacy policies may also apply.
If a pricing error occurs on the Website, we reserve the right to correct the error and, where appropriate, contact you regarding the affected order.
7. Shipping and Delivery
We currently serve global markets excluding Asia and remote areas.
Standard Shipping
DHL / FedEx
-
Estimated delivery: 7–14 business days
-
Shipping fee: $12.95
Free Shipping
EMS
-
Estimated delivery: 12–24 business days
-
Free shipping on orders of $50 or more
Shipping estimates begin according to the applicable shipping process after order processing.
Delivery times are estimates rather than guaranteed delivery dates. Carrier delays, customs procedures, weather, holidays, or other circumstances outside our reasonable control may affect delivery times.
Please make sure your shipping address is complete and accurate before placing your order.
8. Returns, Refunds, and Exchanges
We want you to feel comfortable shopping with New ModCloth.
Return Period
Eligible products may be returned within 30 days of receipt.
Returned apparel should generally be unworn, unused, undamaged, and returned with original tags and applicable packaging.
Because our products are primarily women's dresses and apparel, please take care when trying items on. Makeup, perfume, stains, washing, alterations, or other signs of use may affect return eligibility.
Return Process
Please contact our customer service team at:
Include your order number, the product you wish to return, and the reason for your request. Please wait for return instructions before sending an item back.
Once we receive your return, we will process the return or exchange within 4–7 days.
Refunds
Approved refunds are issued to the original payment method.
Please allow 2–3 weeks to receive your refund after processing. The exact timing depends on your card issuer or financial institution.
Original shipping charges may be non-refundable unless otherwise required by applicable law or the issue resulted from an error on our part.
Exchanges
If you need a different eligible size or product, please contact us within the 30-day return period.
Exchange availability depends on inventory. If the requested replacement is unavailable, we may provide another appropriate solution, including a refund where applicable.
9. Product Quality and Defects
New ModCloth does not provide a long-term warranty for ordinary apparel.
However, if you notice an obvious manufacturing defect or significant issue with an item, please contact us within 48 hours of receiving your order.
Please provide your order number and clear photographs showing the issue. This allows us to review the situation and determine the appropriate solution.
Normal wear, accidental damage, improper care, alterations, washing damage, stains, or damage caused after delivery are not considered manufacturing defects.
We encourage you to inspect your clothing when it arrives and contact us promptly if something does not look right.
10. Intellectual Property
All content appearing on our Website, including but not limited to:
-
Brand names and trademarks
-
Logos
-
Product images
-
Photography
-
Graphics
-
Website designs
-
Layouts
-
Text
-
Product descriptions
-
Videos
-
Icons
-
Software and other materials
is owned by or licensed to New ModCloth and is protected by applicable intellectual property laws.
You may use the Website and its content for personal, non-commercial shopping purposes only.
You may not reproduce, copy, modify, distribute, publish, sell, license, or commercially exploit our content without our prior written authorization.
User-Generated Content
If you voluntarily submit reviews, photographs, comments, or other content to us, you retain ownership of your content.
However, by submitting such content, you grant New ModCloth a worldwide, royalty-free, non-exclusive license to use, reproduce, display, adapt, publish, and distribute that content in connection with our business, website, marketing, and services.
You represent that you have the necessary rights to submit the content and that it does not unlawfully infringe another person's rights.
11. Prohibited Activities
To help keep New ModCloth safe and reliable for everyone, you agree not to:
-
Use the Website for unlawful purposes.
-
Violate another person's intellectual property or privacy rights.
-
Upload or transmit viruses, malware, or other harmful code.
-
Interfere with or disrupt Website operations.
-
Attempt unauthorized access to our systems or accounts.
-
Use false identities or misleading information.
-
Place fraudulent or unauthorized orders.
-
Abuse promotional offers or payment systems.
-
Resell our products without authorization.
-
Use automated tools to scrape or copy substantial portions of the Website.
-
Attempt to circumvent Website security measures.
-
Engage in conduct that could damage New ModCloth, our customers, or our service providers.
We may restrict or terminate access to our Website when we reasonably believe prohibited activity has occurred.
12. Third-Party Services
Our Website may rely on third-party services, including payment processors, shipping carriers, technology providers, analytics services, and other business partners.
Third-party services may have their own terms and policies. We are not responsible for the independent policies or practices of third-party providers.
13. Disclaimer
We make reasonable efforts to keep our Website accurate, functional, and available.
However, the Website and its content are provided subject to availability. We do not guarantee that the Website will always operate without interruption, errors, or delays.
Nothing in these Terms is intended to exclude or limit any consumer rights or protections that cannot legally be excluded or limited under applicable law.
14. Limitation of Liability
To the maximum extent permitted by applicable law, New ModCloth will not be responsible for indirect, incidental, special, consequential, or punitive damages arising from your use of the Website or purchase of our products.
We are not responsible for delays or failures caused by circumstances beyond our reasonable control, including carrier delays, customs procedures, natural events, service interruptions, or other external circumstances.
Nothing in these Terms limits liability where such limitation is prohibited by applicable law.
15. Indemnification
To the extent permitted by applicable law, you agree to be responsible for losses, claims, liabilities, and reasonable expenses arising from your violation of these Terms, unlawful use of the Website, or infringement of another person's rights.
This provision does not require you to indemnify us for matters caused by our own unlawful conduct or negligence where such responsibility cannot legally be transferred to you.
16. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our business, Website, products, services, or applicable legal requirements.
When changes are made, we will update the “Last Updated” date at the top of this page.
Your continued use of the Website after updated Terms are posted means that you accept the revised Terms to the extent permitted by applicable law.
17. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the extent necessary to make it enforceable where legally possible.
If it cannot be made enforceable, it will be removed without affecting the validity of the remaining provisions.
The remaining provisions will continue to apply.
18. Governing Law and Disputes
New ModCloth is located at:
6750 W Angela Dr, Glendale, AZ 85308, USA
To the extent permitted by applicable law, these Terms and your relationship with New ModCloth will be governed by the laws of the State of Arizona, without regard to conflict-of-law principles.
Any dispute arising from these Terms or your use of the Website will be handled in accordance with applicable Arizona law and the jurisdiction of courts with appropriate authority, subject to any mandatory consumer protections or dispute-resolution rights that apply to you under the laws of your place of residence.
19. Contact Us
If you have questions about these Terms, your order, returns, payments, or our services, please contact us:
New ModCloth
Website: newmodcloth.shop
Address: 6750 W Angela Dr, Glendale, AZ 85308, USA
Customer Service: support@newmodcloth.shop
We are committed to keeping our policies clear, practical, and easy to understand so you can shop with confidence.