Terms and Conditions

These terms and conditions (Terms and Conditions”) apply to the purchase and sale of products (Product or Products) from www.hmhanamoda.com, our mobile applications, Hana Moda team members, or at a Hana Moda pop up showroom, event, and also applies to the use of any of our services or features provided by or on our behalf (together with the App and the website, ”Services”). Services may include suggesting and providing you with the opportunity to view and purchase products and services of third-party retailers, constitute your agreement, without limitation or qualification, to be bound by and to comply with the terms of this Agreement. Please read this Agreement carefully before you start to use the Site and/or the Services.

By placing an order for such Products(s) or using our Services, you agree to be bound by, and accept, these Terms and Conditions. These Terms and Conditions are subject to change by Hana Moda (Gibraltar) Ltd, (company registered at Madison Building, Midtown, Queensway, Gibraltar GX11 1AA). The latest version of the Terms and Conditions will be posted on this page, and you should review these Terms and Conditions prior to purchasing any Product or using Services. You should also carefully review our PRIVACY POLICY before placing an order for Product(s) or using our Services.

Use of Site and Services

You may use the Site and the Services only in compliance with this Agreement at all applicable local, state, national and international laws, rules and regulations. The Services are subject to change from time to time without prior notice to you. We reserve the right to withdraw or amend the Site, and any Services or features we provide on the Site, at our sole discretion, without prior notice.

Your Account

In order to obtain access to certain Services, you will need to register by creating an account with Hana Moda. If you choose to create an account, you agree to provide only accurate, complete registration information and you will keep that information confidential and up-to-date if it changes. When you register, you will obtain a unique User ID. Access to the Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. You agree to notify us immediately at ask@hmhanamoda.com if you become aware that your User ID is being used without authorization. You also agree to ensure that you exit from your account at the end of each session.

 

Online Purchases

Hana Moda partners with some of the world’s most beautiful brands (Partners) in order, to offer you the best luxury fashion destination to shop. We allow you to add multiple items from different brands to your cart and enjoy checking out once for all these items.

In order to process your order we will need to share some of your personal information with relevant Partner Brands; we share this information via our secure systems. The personal information you provide to us will be collected, stored and processed in accordance with our Privacy Policy, but also in accordance with the privacy policies of the relevant Partner Brands. These partner brands are solely responsible for their use of your personal information once we share the information with them, and you should carefully review their privacy policies before completing a transaction.

Order Acceptance and Cancellation

Your receipt of an electronic or other form of, order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not you have been charged. If your order has been cancelled or limited, the applicable amount any payment made pursuant to that order will be refunded to the original form of payment in the amount of the charge and notify you that your order was cancelled. Orders placed using our Rewards Points (see below) or site credit will be refunded if the order is cancelled, and the Rewards Points or site credit will be available for use promptly once the order is cancelled.

Payment Terms

Terms of Payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:

All orders are subject to verification for security reasons. If you are contacted for verification, you will have 48 hours to complete the verification process. If you do not respond after such time you will be notified and the order will be cancelled and refunded in the original payment method.

Charges for shipping and handling will be made in accordance with then-current shipping policies as described below. Payment made on debit/credit cards in currency other than Pound Sterling will be calculated using currency conversion on www.xe.com on the day of the transaction. You agree that Hana Moda is not responsible for any credit shortages due to currency conversion rates. If you preorder Products, you will be required to pay either the full purchase price or a percentage of the amount due as an initial payment at the time you place your order, exclusive of shipping fees and taxes. In the case of an initial payment, we will charge you the remaining amount due, plus shipping fees, and any taxes or duties owed at such time as the Product is ready for shipment. We will first apply any available site credit in your account to the balance owed, and if you do not have any site credit or your site credit is insufficient to cover the amount owed, we may charge the remaining balance to the same method of payment as used for the initial payment or to any active payment methods, including credit card(s), on your account at the time the payment is due. If your payment information has changed, please contact ask@hmhanamoda.com with your updated payment information. If the remaining payment cannot be processed, your order will be cancelled, and you will be issued a site credit for any amount that you have for that Product.

Please be aware that because of the “presale nature” of such transactions, you should expect a wait period of approximately four to six months between the date you place your order and the date that the product may be ready.

If you order Products available for immediate shipping, or 3 to 7 days shipping, from our Boutique or Boutique Partners you will be required to pay the full amount due, plus shipping fees and any taxes and/or duties associated with the Product at the time you place your order.

Pre-Order Product

Some of our limited-time presale events allow you to place pre-orders for Products from specific brands or collections that are then made specifically for you (The Pre-orders) and fulfilled at a later date when the Product is ready for shipment. Once a Pre-order event is closed and the preorder is accepted by the brand, we will not be able to make any changes to the size, color, style, quantity, or type of Product ordered. After 30 days from the date of your pre-order the order cannot be cancelled, unless the Product is Fine Jewelry, in which case the order for that item cannot be cancelled after 24 hour from the time of the order. If the shipment is unavoidably delayed, we will do our best to cancel the Pre-order order if you request, and we will keep you informed about delays, production changes, or cancellations that the brand relays to us. Any other cancellation requests of Pre-orders are at the discretion of Hana Moda, and any such cancellation may only be refunded as site credit. Please see Payment Terms below for more information on how we process payments and any refunds for Pre-orders. Once you receive your order, if you are not satisfied with it, you may return it in accordance with our Return Policy set out below.

 

 

Changes in Products and Pricing

We are constantly updating and revising our offerings of Products and Services, and we may discontinue Products and Services at any time without notice. All pricing for the Products is subject to change. For all of our prices and Products and Services, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances.

We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that we discover an error in the pricing or description of a Product, we shall have the right to refuse or cancel any orders placed for the Product. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged.

If you order a Pre-Order Product that was incorrectly priced, you will be contacted by a Hana Moda representative and given the option to purchase the Product at the correct price, or to cancel your order and receive a refund for the amount that you have paid as soon as possible, in accordance with our refund policy.

Shipping Fees, Taxes and International Duties

Product prices displayed through the Services do not include taxes (including any value added tax (VAT), duties, or shipping charges.

For orders shipped within the US, sales tax will be charged at checkout on orders shipped to States where sales tax is required to be collected by law for online purchases. The list of those States may change from time to time. For a list of States for which we collect sales tax, please see our FAQ’s. For Pre-order products, this tax will be charged at such time as the Product is ready for shipment. For all other Products, this tax will be charged at the time you place your order for the Product. No import duties will be applied to orders shipped within the United States.

When shipping to countries outside of the US, most destinations are delivered on a DDU(Delivery Duty Paid) basis, which means relevant import taxes and duties are not calculated at checkout, will not be paid through Hana Moda. Instead, the shipping carrier will invoice you upon delivery of your merchandise.

Orders shipped from our United States warehouse will be sent via FED-EX. For all pre-order Products, all relevant shipping fees, local taxes, and duties will not be paid by Hana Moda, but will be charged to customer as the Product is ready for shipment.
The costs of shipping, taxes and duties are non-refundable.

Please note that the posted shipping time frame, if provided, may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.

These shipping terms, including the terms set forth in our Shipping guidelines, are accepted by you by placing an order with us.

All orders dispatched with “No signature required” and may be left at a residence deemed safe by the delivery company. Hana Moda is not responsible for any loss or liability or damage that may result from leaving your package at the shipping address without a signature.

Hana Moda is not responsible for any international shipping delays caused by customs process.

Intellectual Property and Content

All copyright, designs, trademarks, and all other intellectual property visible through the Services, including HMHanamoda, Hana Moda software, and all HTML, and other code contained on our Website and App, is the sole property of Hana Moda or their respective owners. You are permitted to use the content on the Services only as expressly authorized by Hana Moda and/or its third-party licensors. Any reproduction or redistribution of the above-listed Content without permission is prohibited and may result in civil and criminal penalties, where Content is defined as data files, graphics, text, photographs, logos, images, sounds, music, video, or audio files on the Website.

Price Adjustment Policy

Hana Moda will honor price adjustments on products purchased within a 14 day period prior to the start of a sale. Please note that the Product has to still be available on the site in the same size originally purchased. All approved price adjustments will be issued in the form of site credit and the Product will be a Final Sale.

Hana Moda is only able to honor price adjustments at the initial markdown and will be unable to honor them with subsequent markdowns or changes in prices, if any. Hana Moda will not price match any sale or discount prices with any other retailers, including affiliates.

Limitation of Liability

In no event shall we or our suppliers have any obligations or liabilities to you or any other person for loss of profits, for loss business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), products liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the Products or Services. Our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Products or Services. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusion may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of products.

E-mail Opt-out

The opt-out of receiving promotional or marketing e-mails from Hana Moda at a specific email address, you may use the unsubscribe link in the footer of any email sent by Hana Moda.

Third Party Sharing

If you prefer we do not disclose your information to third parties, including other brands, for marketing purposed, you can contact us by email at ask@hmhanamoda.com. If you choose to email us, please include your name, email address and physical address and specify “NO THIRD PARTY” in your request.

Indemnity

You agree to defend indemnify and hold harmless the Hana Moda affiliates, from and against any and all claims, expenses or damages (including attorney fees), whether known or unknown, arising from, incurred as a result of or in any manner related to:
a. Your violation of this agreement.
b. Your use of the services or the site, including, but not limited to, any user contributions, any use of the sites content, services and products other than as expressly authorized in this agreement or your use of any information obtained from the site, or
c. Your promises or statements made in this agreement. You hereby agree to waive (to the extent permissible) all the laws that may limit the effectiveness of the foregoing releases, notwithstanding the foregoing, you shall not be liable for claims, expenses or damages arising from the intentional or grossly negligent acts of any Hana Moda affiliates. This indemnification shall apply to the fullest extent permitted by law and shall survive termination of this agreement.

All legal disputes related to card processing are handled under Gibraltar Law

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