Terms of service

TERMS AND CONDITIONS

Last updated: August 28, 2026

These Terms and Conditions govern access to modalyshop.com and purchases made through the website.

By accessing the website or placing an order, you agree to these Terms and Conditions. Nothing in these terms limits any mandatory consumer rights provided by applicable law.

  1. STORE INFORMATION

Trading name: MODALY
Country of establishment: Spain
Website: modalyshop.com
Customer service email: clientes@modalyshop.com

References to “MODALY”, “we”, “us” or “our” mean the seller operating through modalyshop.com.

  1. ELIGIBILITY

To place an order, you must:

• Be at least 18 years old or have the authorization of a legal guardian
• Have the legal capacity to enter into a binding contract
• Provide accurate and complete billing, contact and delivery information
• Use an authorized and valid payment method

Products are intended for personal use. We may limit or cancel quantities that reasonably appear to be intended for unauthorized resale, fraudulent activity or commercial misuse.

  1. PRODUCTS AND PRODUCT INFORMATION

We make reasonable efforts to ensure that product descriptions, photographs, colors, materials, sizing information and prices are accurate.

Colors and appearance may vary slightly depending on lighting, photography and device-screen settings. Minor differences that do not affect the essential characteristics or quality of a product will not automatically constitute a defect.

Customers are responsible for reviewing all product information before purchasing, including:

• Product descriptions
• Materials and care instructions
• Fit notes
• Size guides and garment measurements
• Safety or compliance information
• Shipping estimates

Some garments may run smaller or larger than standard sizing. Any product-specific fit warning should be reviewed carefully before selecting a size.

  1. ORDER PROCESS

To place an order, the customer must:

  1. Select the product and available options.

  2. Add the product to the shopping cart.

  3. Provide the requested contact, billing and delivery information.

  4. Review the order and shipping costs.

  5. Select a payment method.

  6. Confirm payment and submit the order.

After an order is submitted, the customer will receive an electronic confirmation.

An automated order confirmation acknowledges receipt of the order but does not prevent MODALY from cancelling it in the limited circumstances described below.

  1. ORDER ACCEPTANCE AND CANCELLATION BY MODALY

We may reject or cancel an order when reasonably necessary because of:

• Product or inventory unavailability
• A manifest pricing or product-information error
• Payment authorization failure
• An incomplete or invalid delivery address
• Reasonable evidence of fraud or unauthorized payment
• A legal or regulatory restriction
• An inability to deliver to the selected destination

If payment has already been collected and the order is cancelled by MODALY, the amount paid will be refunded to the original payment method without undue delay.

  1. PRICES, TAXES AND CURRENCIES

Product prices are displayed in the currency associated with the customer’s selected country or market.

Applicable taxes may be included in the displayed price or calculated during checkout, depending on the destination and applicable law.

Shipping charges and any other mandatory charges collected by MODALY will be displayed before the customer confirms payment.

For international orders, customs duties, import taxes or processing fees may apply. When these charges are not collected during checkout, they may be charged separately by the destination country or carrier. Responsibility for these charges will be explained during checkout or in the Shipping Policy where applicable.

MODALY may change prices at any time. Price changes do not affect orders that have already been accepted, except where a clear and obvious pricing error has occurred.

  1. PAYMENT

Available payment methods are displayed during checkout.

Payments are processed securely by authorized payment providers. MODALY does not directly store complete payment-card details.

The customer confirms that they are authorized to use the selected payment method and that the billing information provided is accurate.

An order may be delayed or cancelled if payment cannot be authorized or if additional verification is reasonably required to prevent fraud.

  1. PRODUCT AVAILABILITY

All orders are subject to product and variant availability.

If a product becomes unavailable after an order is placed, we will contact the customer and offer an appropriate solution, which may include:

• An alternative product, accepted voluntarily by the customer
• Cancellation of the unavailable product
• A full refund for the unavailable product

No substitute will be sent without the customer’s agreement.

  1. SHIPPING AND DELIVERY

Orders are delivered to the address provided during checkout.

Customers are responsible for checking that their name, street address, postal code, city, state or region and country are complete and accurate.

Processing and delivery times are estimates unless a specific guaranteed delivery date is expressly stated. Delivery may be affected by carrier disruption, customs procedures, severe weather, public holidays or other circumstances outside our reasonable control.

This does not affect any mandatory right to cancel an order when delivery is not completed within a legally required or expressly agreed period.

For consumer purchases, risk of loss or damage passes to the customer when the customer, or a person designated by the customer other than the carrier, receives physical possession of the products.

Additional information is available in our Shipping Policy.

  1. CUSTOMER CHANGES AND CANCELLATIONS

Customers should contact clientes@modalyshop.com immediately to request an order change or cancellation.

We cannot guarantee that an order can be changed or cancelled once order processing has begun.

This does not limit any mandatory cancellation or withdrawal right available under applicable law.

  1. RETURNS AND RIGHT OF WITHDRAWAL

Return eligibility depends on the customer’s location, the reason for the return and applicable consumer law.

Consumers in the European Union and European Economic Area generally have the right to withdraw from an online purchase within 14 calendar days of receiving the order.

Unless mandatory local law provides otherwise, purchases made in the United States and other non-EEA markets cannot be returned or exchanged because of a change of mind, an incorrectly selected size or color, or personal preference regarding fit or appearance.

Complete conditions, instructions, deadlines and refund information are provided in our Return & Refund Policy, which forms part of these Terms and Conditions.

  1. DEFECTIVE, DAMAGED OR INCORRECT PRODUCTS

If a product arrives damaged, defective, misprinted or different from the product ordered, contact clientes@modalyshop.com as soon as possible and preferably within 30 days of delivery.

The customer may be asked to provide the order number, a description of the problem and clear photographs.

When a defect, damage or error is confirmed, MODALY will provide an appropriate remedy in accordance with applicable law, which may include replacement or refund without additional cost to the customer.

Requesting that customers contact us within 30 days helps us investigate the problem efficiently. It does not limit any mandatory legal guarantee or consumer right.

  1. LEGAL GUARANTEE

Consumers in the European Union are protected by the applicable legal guarantee for goods that are defective or do not conform to the contract.

The legal guarantee is at least two years within the European Union and extends to three years for consumers in Spain, or for any longer period required by applicable local law.

The legal guarantee does not cover:

• Normal wear and tear
• Damage caused by misuse
• Failure to follow care instructions
• Accidental damage after delivery
• Unauthorized alterations
• Damage resulting from improper washing, drying or storage

Nothing in these Terms and Conditions excludes or restricts rights that cannot legally be excluded or restricted.

  1. PROMOTIONS AND DISCOUNT CODES

Promotions and discount codes may be subject to additional conditions, including validity dates, eligible products, minimum purchase amounts and geographic restrictions.

Unless expressly stated otherwise:

• Discount codes cannot be exchanged for cash
• Only one discount code may be used per order
• Discounts cannot be applied retroactively
• Promotions may not be combined
• Promotional benefits obtained through fraud or misuse may be cancelled

Mandatory consumer rights remain unaffected.

  1. INTELLECTUAL PROPERTY

The MODALY name, logo, product designs, artwork, photographs, graphics, written content and website presentation are protected by applicable intellectual-property laws.

Unless written authorization has been granted, users may not:

• Copy or reproduce our designs or content
• Manufacture products using our artwork
• Distribute, sell or commercially exploit our content
• Remove trademarks or ownership notices
• Use MODALY branding in a misleading manner

Limited personal and non-commercial use of the website is permitted.

  1. ACCEPTABLE USE

Users must not:

• Use the website for unlawful or fraudulent purposes
• Attempt to access restricted systems or customer data
• Introduce malicious code or interfere with website security
• Submit false information or impersonate another person
• Use automated systems to extract website content without authorization
• Infringe the rights of MODALY or another person

We may restrict access when reasonably necessary to protect the website, customers or our legal rights.

  1. THIRD-PARTY SERVICES AND LINKS

The website may use or link to services provided by third parties, including payment, delivery, social-media or technology services.

Third-party services may be governed by their own terms and privacy policies. MODALY is not responsible for independent third-party websites that we do not control.

This section does not limit our responsibility for services used directly to perform our obligations under a customer’s purchase contract.

  1. PRIVACY AND COOKIES

Personal information is processed in accordance with our Privacy Policy.

The website uses cookies and similar technologies as explained in the Privacy Policy and through the Cookie preferences controls available on the website.

  1. LIABILITY

MODALY is responsible for fulfilling its obligations under the purchase contract and applicable consumer law.

To the maximum extent permitted by law, MODALY will not be responsible for:

• Loss caused by the customer’s misuse of a product
• Damage resulting from failure to follow care or safety instructions
• Loss caused by inaccurate information supplied by the customer
• Events outside our reasonable control
• Indirect commercial losses suffered by someone purchasing outside their capacity as a consumer

Nothing in these terms excludes liability where exclusion is prohibited by law, including liability for fraud, intentional misconduct, personal injury caused by negligence or mandatory consumer rights.

  1. CHANGES TO THESE TERMS

We may update these Terms and Conditions to reflect legal, operational or service changes.

The terms applying to a purchase will be those available when the order was placed. Later changes will not retroactively reduce a customer’s contractual or statutory rights.

  1. SEVERABILITY

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue to apply.

The invalid provision will be interpreted or replaced only to the minimum extent necessary to make it lawful and enforceable.

  1. GOVERNING LAW AND DISPUTES

These Terms and Conditions are governed by Spanish law.

Consumers retain the protection of any mandatory consumer law applicable in their country of residence.

Before starting a formal claim, customers are encouraged to contact clientes@modalyshop.com so that we can attempt to resolve the issue directly.

Consumers may also contact a competent consumer alternative-dispute-resolution body where available. Information about recognized European consumer dispute-resolution bodies is available through the European Commission’s Consumer Redress resources.

Nothing in this section removes a consumer’s right to bring a claim before the courts competent under applicable consumer law, including the courts of the consumer’s place of residence where legally applicable.

  1. CONTACT

Questions about these Terms and Conditions can be sent to:

clientes@modalyshop.com