Terms Of Service

1. About Modernacloth

Modernacloth is an online retail store offering men's fashion products, including men's denim, men's outerwear, and men's tops. Our website is designed to provide customers with access to our available products, ordering information, customer support, and related shopping services.

Throughout these Terms of Service, the words "Modernacloth," "we," "us," and "our" refer to Modernacloth. The terms "you," "your," and "customer" refer to the individual or entity accessing the website or purchasing products from us.

2. Eligibility & Website Use

By using Modernacloth, you represent that you are legally capable of entering into an agreement under the laws applicable to you.

You agree to use this website only for lawful purposes and in a manner that does not interfere with the operation, security, availability, or integrity of the website or its services.

You must not use the website to engage in fraudulent activity, attempt to gain unauthorized access, interfere with other users, distribute malicious software, or violate applicable laws and regulations.

3. Product Information

We make reasonable efforts to present product descriptions, images, measurements, materials, colors, and other product information as accurately as possible.

However, product appearance may vary depending on your device, screen settings, lighting conditions, and other factors. Measurements and product characteristics should be reviewed carefully before purchase.

Product availability may change without notice. A product displayed on the website does not necessarily mean that it will remain available indefinitely.

Modernacloth reserves the right to correct typographical errors, inaccuracies, omissions, pricing errors, or product information errors when identified.

4. Product Pricing

Prices displayed on the website are subject to change without prior notice. The price applicable to an order is generally the price displayed during checkout at the time the order is submitted.

Product prices and shipping charges are presented separately where applicable. Customers should review the complete order summary before submitting payment.

If a significant pricing or product information error occurs, Modernacloth reserves the right to review the affected order and take appropriate corrective action, including contacting the customer before fulfillment where necessary.

5. Orders & Order Acceptance

Submitting an order through the website constitutes a request to purchase the selected merchandise. An order confirmation indicates that the order has been received, but it does not necessarily mean that Modernacloth has accepted the order under every circumstance.

We reserve the right to refuse, cancel, or limit an order when reasonably necessary, including circumstances involving product availability, pricing errors, suspected fraudulent activity, payment issues, or incorrect order information.

Customers should review order information carefully before completing checkout, particularly the selected products, quantities, shipping address, and contact details.

6. Payment

Modernacloth currently accepts payment through PayPal. Payment must be successfully completed or authorized before an order can proceed to fulfillment.

Customers are responsible for providing accurate payment and billing information and for maintaining access to the payment account used for the transaction.

Payment processing may be subject to the terms, policies, and security procedures of the applicable payment provider.

7. Shipping & Delivery

Orders are generally handled within 1 business day and standard transit is estimated at 2–6 business days. Shipping is available at a $6.99 flat rate under our standard shipping terms.

Our order cutoff time is 5:00 PM EST, Monday through Friday. Orders placed after the cutoff or during non-business days may begin processing on the next applicable business day.

Orders may be delivered through USPS, UPS, or FedEx. Tracking information may be provided when available.

For complete information regarding processing, delivery estimates, tracking, carrier services, and shipping charges, please review our Shipping Policy.

8. Returns & Refunds

Eligible merchandise may be returned within 60 days of the delivery date, subject to the conditions described in our Return & Refund Policy.

Eligible returns do not incur a return or restocking fee. Approved refunds are processed within 12 days after the returned merchandise has been received and reviewed.

Products should generally be returned in their original condition and should not show signs of wear, washing, alteration, or customer-caused damage.

Customers should review the complete Return & Refund Policy before submitting a return request.

9. Order Changes & Cancellations

If you need to change or cancel an order, contact Modernacloth as soon as possible after placing it.

We will make reasonable efforts to accommodate a request before the order enters fulfillment or shipment. However, an order may no longer be changeable or cancellable once processing has progressed or the package has been transferred to a carrier.

Any refund or cancellation resulting from an approved request will be handled according to the applicable order and refund terms.

10. Account & Customer Information

If website features require you to provide account or customer information, you agree to provide information that is accurate and reasonably current.

You are responsible for maintaining the confidentiality of any account credentials associated with your use of the website and for activities conducted through your account.

If you believe that your account information has been compromised or misused, contact us promptly so that appropriate steps can be considered.

11. Intellectual Property

Unless otherwise indicated, content appearing on the Modernacloth website, including text, graphics, photographs, logos, layouts, designs, product presentation, and other materials, may be protected by intellectual property laws.

You may access and use website content for personal, non-commercial shopping purposes. You may not reproduce, distribute, modify, republish, sell, publicly display, or commercially exploit website content without appropriate authorization.

Nothing in these Terms grants you ownership of Modernacloth's trademarks, copyrighted materials, designs, or other intellectual property.

12. Prohibited Activities

To protect our customers, website, and business operations, you agree not to use the website for activities including, but not limited to:

• Using the website for unlawful or fraudulent purposes.
• Attempting to access restricted areas or systems without authorization.
• Interfering with website functionality, servers, or security measures.
• Introducing malicious code, viruses, or harmful software.
• Using automated systems to improperly collect website information.
• Misrepresenting your identity or payment information.
• Attempting to manipulate prices, promotions, orders, or checkout processes.
• Using website content for unauthorized commercial purposes.

We may restrict or terminate access to website features when we reasonably believe these Terms have been violated.

13. Third-Party Services

Certain functions associated with purchasing, payment processing, shipping, communications, or other services may involve third-party providers.

Third-party services may operate under their own terms and privacy policies. Modernacloth is not responsible for the independent policies or practices of third parties except to the extent required by applicable law.

When using a third-party service in connection with an order, customers should review the terms applicable to that service.

14. Website Availability

We aim to keep the Modernacloth website accessible and operational, but uninterrupted availability cannot be guaranteed.

Website access may occasionally be affected by maintenance, technical problems, hosting issues, network interruptions, security events, or circumstances beyond our reasonable control.

Modernacloth may modify, suspend, restrict, or discontinue portions of the website when reasonably necessary for operational, technical, legal, or security reasons.

15. Disclaimer of Warranties

To the extent permitted by applicable law, the website and its content are provided on an "as available" basis. We do not guarantee that the website will always be uninterrupted, error-free, secure, or completely current.

Product information is provided for shopping purposes, and customers should review the product details and applicable policies before placing an order.

Nothing in these Terms is intended to exclude or limit any warranty, right, or protection that cannot legally be excluded or limited under applicable law.

16. Limitation of Liability

To the maximum extent permitted by applicable law, Modernacloth and its associated parties will not be responsible for indirect, incidental, special, consequential, or punitive losses arising from your use of the website or inability to use the website.

This limitation does not apply where liability cannot legally be limited under applicable law.

Nothing in these Terms is intended to remove rights or remedies that are legally available to consumers.

17. Indemnification

To the extent permitted by applicable law, you agree to be responsible for losses or claims arising from your unlawful use of the website, violation of these Terms, misuse of website content, or infringement of another party's rights.

This provision applies only to the extent permitted by applicable law and does not limit rights that cannot legally be waived.

18. Privacy

Information collected through your use of the Modernacloth website is handled according to our Privacy Policy.

By using the website, you acknowledge that certain information may be collected and processed as necessary to operate the website, process orders, provide customer support, maintain security, and fulfill other legitimate business purposes described in the applicable privacy terms.

19. Changes to These Terms

Modernacloth may update these Terms of Service from time to time to reflect changes in our services, website functionality, business operations, legal requirements, or other relevant circumstances.

Updated terms will be posted on this website. Your continued use of the website after updated terms are posted may constitute acceptance of the revised terms to the extent permitted by applicable law.

We encourage customers to review these Terms periodically, particularly before placing a new order.

20. Governing Law

These Terms of Service are intended to be interpreted in accordance with applicable laws governing the relationship between Modernacloth and its customers.

Any dispute arising in connection with these Terms or your use of the website will be handled in accordance with applicable law and any mandatory consumer protections that apply to the transaction.

21. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, while the remaining provisions will continue to apply to the extent permitted by law.

22. Entire Agreement

These Terms, together with the policies and terms specifically referenced on the Modernacloth website, describe the general terms governing your use of the website and purchase of products from Modernacloth.

If there is a conflict between these Terms and a specific policy covering a particular transaction, the more specific policy may apply to the subject matter addressed by that policy, subject to applicable law.

23. Contact Modernacloth

If you have questions regarding these Terms of Service, your order, or any of our website policies, please contact our customer support team.