Modes

1. Introduction

This Cookie Policy (“Policy”) is provided by Modes S.p.A. ("Modes", the "Company", “we”, “our” and “us”).

For the purposes of this Policy, Modes is the data controller, with registered office at Largo La Foppa 2, 20121 Milan, Italy, Tax Code and VAT No. 1935550812.

Modes, in application of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ("GDPR") and applicable laws, sets forth under this Policy, what cookies are, what they are used for and how to disable them.

Upon opening the Site, as defined below, a window opens that allows the user to read information on the use of cookies, the possibility to learn more and how to disable them, before starting navigation. If the user does not specifically consent, but does not select the "More information" choice, the window remains present and for the data controller the continuation of navigation is considered as authorization to the use of cookies referred to in this Policy.

Information on the use of cookies will be updated whenever necessary to reflect changes in Modes’ practices in this regard or changes in applicable law. Please read this Policy carefully and check this page regularly to review any changes that the Company may make in accordance with its terms.

2. Websites to which this Policy applies

This Policy applies with respect to the website https://www.modes.com (hereinafter also just the "Site").

3.  What are cookies?

Cookies are small text files that may be stored on your device when you visit a website. They are generally used to make websites work, to keep track of your movements within the Site, to remember your login details, to remember preferences and interests, and so on.

There are different types of cookies, an they can be distinguished on the basis of to their origin, function and lifespan.  This section provides an overview of the types of cookies that may be used online.

Depending on the owner, cookies can be classified as follows:

• Own cookies: These are those sent to the user's computer or device from a device or domain managed by the editor itself and from which the platform or service requested by the user is offered.
• Third Party Cookies: These are those that are sent to your computer or device from a device or domain that is not operated by the editor but by another party that processes the data obtained through the cookies. Modes does not control the collection or further use of data by third parties.

Depending on the purpose, cookies can be classified as follows:

• Strictly necessary (technical) cookies: are those that allow the user to navigate through a web page, platform or application, and use the different options or services existing on the same, such as, for example, traffic control, data or session identification, access to sections or content with limited access, storage of the elements that integrate an order, execution of an order purchase process, payment management, the control of possible frauds related to the security of the service, the use of security elements during navigation, the presentation of the request for registration or participation in an event, the storage of content for the broadcast of video or sound, the enabling of dynamic content (for example, the animation of loading a text or an image) or the sharing of content via social networks. Technical cookies, being strictly necessary, are downloaded by default when they allow you to view the platform or provide the service requested by the user.
• Functionality or personalization cookies: these cookies allow you to store information so that you can access the service or platform with certain characteristics that may differentiate your experience from that of other users, such as, for example, the language, the number of results displayed when you perform a search, the appearance or content of the service based on the type of browser used or the region from which you access the service, etc.. Failure to accept these Cookies may result in slow web page performance or the presentation of non-personalized content.
• Analytical cookies: these are the ones that allow quantifying the number of users, the sections visited on the platform and the ways in which they interact with it, in order to carry out measurements and statistical analyses relating to the use made of it by users, with the aim of introducing improvements based on the analysis of the data on the use that users make of the platform or service.
• Behavioral advertising cookies: these are those that store information on user behavior obtained through the constant observation of browsing habits, which allows a specific profile to be developed in order to show advertisements based on this profile. These cookies allow the management, in the most effective way possible, of the advertising spaces that, depending on the case, the editor has included directly or in collaboration with third parties.
• Session cookies: these are temporary cookies that are deleted once the browser is closed.
• Persistent cookies: remain on your device until manually deleted or until your browser deletes them according to the retention period specified in the permanent cookie file.                                                                                                               

More information on all aspects of cookies can be found on www.allaboutcookies.org. Please note that Modes has no affiliation with, and is not responsible for, this third party website.

4. Why does Modes use cookies?

Modes uses cookies in order to:

• distinguish between visitors;
• improve the use and the functionality of the Site;
• Process your purchase orders;
• tailor the Site and products sold therein to your needs and preferences; and
• analyze how the Site is used and compile anonymous and aggregate statistics.

Modes does not use the collected information to create visitor profiles.

5. What information can Modes acquire from the user?

Through cookies, Modes may acquire and process all of the following information about you:

• information (such as your name, e-mail address, mailing address, and telephone number) that you provide when filling out forms on the Site, such as when registering, subscribing to a service, uploading or submitting material via the Site that requests information, or participating in a contest or promotion sponsored by Modes;
• login and password information associated with accessing the user’s account;
• data from all transactions made by you through the Site;
• communications sent by the user, for example to report a problem or to send questions, concerns or comments regarding the Site or its content;
• information from surveys that Modes may, from time to time, post on the Site for research purposes if you choose to respond to or participate in them.

You are under no obligation to provide this information; however, if you choose not to provide the information requested, Modes may not be able to offer you certain services.

From time to time, Modes may conduct referral programs or similar initiatives, such as “Tell a Friend” program, in which Modes invites you to provide contact details of people you know who may be interested in Modes products or services. Modes will use such contact information solely for the purposes of this initiative (and not for general marketing purposes). When users provide data about such persons, users confirm that they have permission to do so, and cannot provide data about persons who have not given their consent. In the message that will be sent to such persons, Modes reserves the right to identify the user as the person who submitted them and provided the contact information to Modes.

When you visit the Site, Modes may automatically collect additional information about you, such as the type of Internet browser you are using, the site through which you arrived at the Modes Site, and your IP address (the unique address that identifies your computer on the Internet), which is automatically recognized by Modes’ web server. You will not be able to be identified by this information, which is used solely for the purpose of helping Modes provide an effective service on the Site and to gather broad demographic data for aggregate use. We will not collect any personally identifiable information about you other than what you voluntarily provide us (such as through e-mail or by filling out one of our online forms).

6. What types of cookies does Modes use?

On the Site, Modes uses the following categories of cookies.

• Category 1: Strictly necessary cookies: these cookies are essential to enable the technical functioning of a website (e.g. to allow the user to move around the site and use its features).Without these cookies it is not possible to provide the services you have requested, such as saving your login details or the items in your basket.
• Category 2: Performance cookies: these cookies collect data on the performance of a website, such as the number of visitors, time spent on the site and error messages. In particular, they allow us to capture anonymous information about how people use the Modes Site. For example, Modes uses Google Analytics cookies to help understand how customers arrive at, navigate or use the Site and to highlight areas where Modes could make improvements, including navigation, shopping experience and marketing campaigns. The information stored by these cookies never includes any personal data from which the individual identity of the user can be traced.
• Category 3: functionality cookies: these cookies increase the usability of a website by saving user choices. In particular, they remember choices made by the user, such as the country/region from which they visit the Site, language and search parameters including the size, color or product line. These cookies may, therefore, be used to provide you with an experience more appropriate to your choices and to make your visits to the Site more personalized and enjoyable. The data acquired through these cookies may be anonymous and do not allow us to track your browsing activity on other websites.
• Category 4: targeting or advertising cookies: these cookies allow a website to send the user personalized advertising. In particular, they acquire information about the user’s browsing habits in order to make advertising more relevant to them and their interests. They are also used to limit the number of times the user views an advertisement and to assess the effectiveness of the advertising campaign. These cookies are generally installed by third-party advertising networks. Cookies store the websites you visit and this information is shared with third parties, such as advertisers. For example, Modes uses third-party companies such as Criteo to provide you with more personalized advertisements when you visit other websites.
  Additionally, these cookies allow you to share your activity on the Site on social media sites, such as Facebook and Twitter. These cookies are not controlled by Modes. To learn how they work, please refer to their respective privacy policies. If you wish to delete all cookies already on your computer, please refer to the support and assistance services of your Internet browser for instructions on how to locate the file or directory where the cookies are stored, bearing in mind that deactivating cookies may prevent you from accessing certain areas of the Site or may affect the proper functionality of the Site, for example, by preventing you from improving your contractual relationship.

Please note that Modes (and other third parties acting on behalf of Modes) will be able to automatically track and capture information about your IP address, domain service, country location, time zone, language, type of computer and web browser in use, and the pages you visit (including through the use of web beacons and other similar technologies). If you access the Site via your mobile device, Modes may also collect information about your mobile service provider and your mobile device. Modes will use this data to be able to manage and improve the system, analyze trends, track user movements, collect mass demographic information for aggregate use, and detect suspicious or fraudulent transactions. If such automated processes reject your transaction as suspicious or fraudulent, you may contact Modes and request a reconsideration within 21 days of receiving such notification. It is likely that Modes will use very similar criteria to review the transaction in person, so there is no guarantee that the decision will be changed.

For completeness, an overview of the cookies used on the Modes Site is provided in the following table.

Name	Owned or third party?	Duration	Scope	Types of data collected
_cb	Third party (Chartbeat)	1 year, 4 months and 3 weeks	Functionality (site analysis)	Visitor ID data used to identify and track users.
_cb_ls	Third party (Chartbeat)	1 year and 1 month	Functionality (site analysis)	Visitor ID data used to identify and track users.
_cb_svref	Third party (Chartbeat)	30 minutes	Functionality (site analysis)	Visitor ID data used to identify and track users.
_ceg.s	Third party (Crazy Egg)	3 months	Functionality (track visitors)	Visitor ID data used to monitor visitor sessions.
_ceg.u	Third party (Crazy Egg)	3 months	Features (track visitors)	Visitor ID data used to identify and track users.
Chart2	Third party (Chartbeat)	1 year and 1 month	Functionality (site analysis)	Visitor ID data used to identify and track users.
_dc_gtm_UA-73948331-1	Third party (Google Tag Manager)	10 minutes	Functionality (site analysis)	Visitor ID data used to distinguish visitors.
_ga	Third party (Google Analytics)	2 years	Functionality (site analysis)	Visitor ID data used to distinguish visitors.
_gat	Third party (Google Analytics)	1 minute	Functionality (request rate limiting)	Visitor ID data used to limit request rate, to minimize bandwidth impact.
_gid	Third party (Google Analytics)	24 hours	Functionality (site analysis)	Visitor ID data used to distinguish visitors.
_omappvp	Third party (Opt-In Monster)	11 years	Analytics	Identifying returning users.
ai_user	Third party (Microsoft)	1 year	Functionality (Performance)	Visitor ID data used to distinguish visitors.
ASP.NET_SessionId	Third party (Microsoft)	Session	Functionality (Performance)	This cookie records the activity of a visitor on the site during a browsing session.
BNES_ASP.NET_SessionId	Third party (Microsoft)	Session	Functionality (Performance)	This cookie records the activity of a visitor on the site during a browsing session.
BVBRANDID	Third party (Bazarvoice)	20 years	Functionality (site analysis)	Visitor ID data used to distinguish visitors.
BVBRANDSID	Third party (Bazarvoice)	Session	Functionality (site analysis)	Visitor ID data used to distinguish visitors.
BVImplmain_site	Third party (Bazarvoice)	Session	Functionality (advertising)	Visitor ID data used in connection with advertising.
catAccCookies	Owned	30 days	Functionality (cookie consent)	Visitor ID data used to record acceptance that the site uses cookies.
exp_csrf_token	Third party (CMS)	1 hour	Functionality (Site forgery request)	Visitor ID data used to confirm the submission from the site is genuine and protect against hacking.
exp_last_activity	Third party (CMS)	1 year	Functionality (site activity)	Visitor ID data used to identify the date of the user’s last activity on the site.
exp_tracker	Third party (CMS)	Session	Functionality (site activity)	Visitor ID data used to track pages visited on the site.
has_js	Third party (Google Analytics)	Session	Functionality (site analysis)	Visitor ID data used to distinguish visitors.
id	Third party (DoubleClick)	2 years	Functionality (advertising)	Visitor identification data used in relation to advertising..
SC_ANALYSIS_GLOBAL_COOKIE	Third party (Sitecore)	10 years	Analytics	This cookie is used to identify the repeat visits of a single user.
SC_ANALYTICS_SESSION_COOKIE	Third party (Sitecore)	Session	Analytics	This cookie is used to record the pages visited by a single user in a single visit to the site.
wooTracker	Third party (Woopra Analytics)	2 years	Performance	Visitor ID data used to measure site performance.
Adobe Typekit	Third party (Adobe)	2 years	Widgets, Font system	This cookie allows the display of fonts.
PHPSESSID	Owned	Session	Functionality (messages)	Storing, sending and viewing of messages.
devicePixelRatio	Third party (WordPress)	1 week	Functionality (display)	Adapting content to the user’s device display.
cookie_consent	Owned	1 week	Functionality (cookies)	Registration of the user's consent to the deletion and reading of cookies.
cookie_consent_time	Owned	1 week	Functionality (cookies)	Registration of the user's consent to the deletion and reading of cookies.
km_ai	Third party (KISSmetrics)	5 years	Functionality (site analysis)	Visitor ID data used to distinguish visitors.
km_lv	Third party (KISSmetrics)	5 years	Functionality (site analysis)	Visitor ID data used to distinguish visitors.
kvcd	Third party (KISSmetrics)	Session	Functionality (site analysis)	Visitor ID data used to distinguish visitors.
ss	Owned	2 hours and 15 minutes	Necessary cookies	Authentication tokens for guests and registered users.
orderid	Owned	Expire sent (set TTL now) when checkout finalized/confirmation route entered	Necessary cookies	Identify the user order ID. Used only on legacy. If not set, on every checkout iteration a new order id is created and server side state is lost.
Campaigns	Owned	15 days	Necessary cookies	Re-associate a returning client to an ongoing private sale campaign. If not allowed, the guest user will only be able to see private sale prices if explicitly used the received email link for the referred private sale campaign.
uc	Owned	Session	Necessary cookies	This cookie allows keeping the chosen culture on sites with multiple cultures per country. If not allowed the user will never be able to see the site on his chosen culture for some base country.
dfUserSub	Owned	Session	Necessary cookies	This folder keeps the user chosen or geo-assigned subfolder.
gender	Owned	1 year	Necessary cookies	Store the user chosen gender on some site. If not set: 1. Defaults to woman on designers page 2. Will stay on splash page every time a returning client comes to the site.
ctx	Owned	15 days	Necessary cookies	Necessary to give the user context to the application.
JSESSIONID	Owned	Session	Necessary cookies	Ensures that we can monitor the application using New Relic.
benefit	Owned	15 days	Necessary cookies	Provides information regarding the benefits associated with the user.
filters_start_hidden	Owned	No TTL	Necessary cookies	User choices for filter display on PLP and Sets. If not set, defaults to false - does not show filters by default.
csi	Owned	15 days	Necessary cookies	Client session identifier.
_ga	Third party (Google Analytics)	2 years	Statistical cookies	Visitor ID data used to distinguish visitors.
_hjid	Third party (Hotjar)	1 year	Statistical cookies	Hotjar cookie that is set when the customer first lands on a page with the Hotjar script. It is used to persist the Hotjar User ID, unique to that site on the browser. This ensures that behavior in subsequent visits to the same site will be attributed to the same user ID.
_gcl_au	Third party (Google Analytics)	3 months	Statistical cookies	This cookie is set by Google Analytics to take information in advert clicks and store it in a 1st party cookie so that conversions can be attributed outside of the landing page. More information is available here.
BrowserId_sec	Third party (SalesForce)	1 year	Necessary cookies	Salesforce.
lastRskxRun	Third party (Riskified)	2 years	Necessary cookies	Riskified user session cookie.
BrowserId	Third party (SalesForce)	1 year	Necessary cookies	Salesforce.
_hjAbsoluteSessionInProgress	Third party (Hotjar)	30 minutes	Statistical cookies	This cookie is used to detect the first pageview session of a user. This is a True/False flag set by the cookie.
_fbp	Third party (Facebook)	3 months	Cookie marketing	When the Facebook pixel is installed on a website, and the pixel uses first-party cookies, the pixel automatically saves a unique identifier to an _fbp cookie for the website domain if one does not already exist.
rskxRunCookie	Third party (Riskified)	2 years	Necessary cookies	Analytics cookies used to keep tracking user behavior.
_uetvid	Third party (Google Tag Manager)	1 month	Cookie marketing	Used to track visitors on multiple websites, in order to present relevant advertisement based on the visitor's preferences.
_uetsid	Third party (Bing Advertising)	1 day	Cookie marketing	Used to track. It allows us to engage with a user that has previously visited our website.
_hjTLDTest	Third party (Hotjar)	1 session	Statistical cookies	When the Hotjar script executes we try to determine the most generic cookie path we should use, instead of the page hostname. This is done so that cookies can be shared across subdomains (where applicable). To determine this, we try to store the _hjTLDTest cookie for different URL substring alternatives until it fails. After this check, the cookie is removed.
correlationId	Modes	1 year	Necessary cookies	This cookie is used for FF OmniTracking.
__cf_bm	Third party (Cloudflare)	1 minute	Necessary cookies	This new cookie is part of Cloudflare’s Bot Management service and helps manage incoming traffic that matches criteria associated with bots.
__cfduid	Third party (Cloudflare)	1 month	Necessary cookies	Cookie for identifying individual visitors privately.
_gid	Third party (Google Analytics)	1 day	Statistical cookies	Visitor ID data used to distinguish visitors.
__cfruid	Third party (Cloudflare)	Session	Necessary cookies	Cloudflare.

Please note that the processing of personal data in relation to cookies, and for other purposes, is governed by the Privacy Policy available at the following link: https://www.modes.com/it/legal#privacy-policy.

7. How can you control cookies and web beacons?

Modes may also use web beacons (or clear GIFs) and other similar technologies in addition to, or in combination with, cookies. A web beacon is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a website or in an email and helps to understand the behavior of visitors to the Site. More information on web beacons can be found at http://www.allaboutcookies.org/faqs/beacons.html. Please note that Modes has no affiliation with, and is not responsible for, this third party website.

Most Internet browsers are set to automatically accept cookies. Depending on your browser, you can set your browser to warn you before accepting cookies, or you can set it to refuse them. Please refer to the "help" button (or similar) on your browser to learn more about how you can do this.

You may also disable cookies at any time through your browser settings and delete existing cookies. However, disabling cookies may impact your experience on the Site.

If you use different devices to access our Site, you will need to ensure that each browser of each device is set to your cookie preference.

In addition, you may opt-out from certain cookies by visiting the following third party websites and selecting which company cookies you would like to opt-out from: http://www.aboutads.info/choices/#completed and http://www.youronlinechoices.com/. Turning off these cookies does not mean that users will no longer receive online advertisements, only that the companies whose cookies have been turned off will no longer serve ads that are tailored to the user's preferences and usage patterns. Please note that Modes has no affiliation with, and is not responsible for, these third party websites.

8. Google Analytics

The Site uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site.

The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to Site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this Site. Therefore, by using the Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

To disable Google Analytics tracking on all websites, the user must visit the browser add-on to disable Google Analytics. For more information, please visit http://www.google.com/analytics/.

In addition, please note that further third-party services are active on the Site: Facebook; Google Tag Manager; Hotjar; Riskified; Salesforce.com; Rakuten Marketing; New Relic; Google/Doubleclick Ads; Criteo; Bing Ads; Salesforce Live Agent; Other Google APIs; Rakuten LinkShare.

Each of these third party services has its own cookies and we do not control their functionality and whether they remove or add other cookies. We encourage you to visit the websites and related policies of such third parties mentioned above.

Date: May 10, 2021

1. This Notice

This Notice explains how Modes Processes Personal Data. This Notice may be amended or updated from time to time, so please check it regularly for updates.

 

Controller

The Data Controller is Modes S.p.A., with registered office at Largo La Foppa 2, 20121 Milan, Tax Code and VAT No. 1935550812.

This Notice on the Processing of Personal Data (“Notice”) is issued by Modes S.p.A. (“Modes”, the “Company”, “we”, “us” and “our”), and is addressed to individuals outside Modes with whom we interact, customers and users (individually the “User”, “you” and “your”), regardless of the channel (online or in person) used.

Defined terms used in this Notice are explained in Section (O) below.

For the purposes of this Notice, Modes is the Controller, with registered office at Largo La Foppa 2, 20121 Milan, Italy, Tax Code and VAT No. 1935550812.

The contact information for the Controller is set forth in Section (K) of this Notice.

Please note that this Notice does not apply to Modes’ Processing of Personal Data of Personnel, its employees, consultants, or other personnel in connection with their duties within Modes.

This Notice is regularly reviewed and updated to reflect changes in Modes’ practices regarding the Processing of Personal Data, or changes in applicable law. You are encouraged to read this Notice carefully and to regularly check this page to review any changes we might make in accordance with the terms of this Notice. Modes will notify Users of any significant changes to this Notice.

In processing the User’s Personal Data, Modes undertakes to ensure compliance with the requirements of national and European legislation on the protection of personal data and in particular with article 32 of the GDPR, taking appropriate measures to address the risk that Processing may entail for the rights and freedoms of individuals (where appropriate following a data protection impact assessment of the Processing). These measures are reviewed whenever Modes deems it necessary or appropriate (for example, when new technological solutions are introduced).

Modes also protects the safety of minors using the Internet. Therefore, we recommend that minors obtain permission from their parents or guardians before accessing the Site or sharing any Personal Data.

2. Processing of your Personal Data
3. 1. Collection of Personal Data

Collection of Personal Data

Modes collects or obtains Personal Data when you provide it (e.g., when you fill in the appropriate fields to register to use the Modes website); in the course of our contractual relationship with you (e.g., if you make a purchase). The Company may also receive Personal Data about you from third parties (e.g., law enforcement authorities).

Modes may collect your Personal Data:

• When those data are provided to us (e.g., where you contact us via email or telephone, or by any other means);
• In the ordinary course of the contractual relationship with you (e.g., if you make a purchase);
• When you visit the Site or use any features or resources available on or through the Site;
• When you use, or register to use, the Site or Modes’ services;
• From the content or advertising provider, if you interact with any third party content or advertising on the Site (including third party plugins and cookies);
• From third parties who provide it to us (e.g., credit reference agencies; law enforcement agencies; etc.).

1. 2. Creation of Personal Data

Creation of Personal Data

Under certain circumstances Modes may also create Personal Data about you.

In certain circumstances Modes may also create Personal Data about you, such as records of your interactions with us, and details of your past interactions with us. Modes may also combine Personal Data relating to Users' access to and use of the Site, including where those data are collected from different devices.

1. 3. Categories of Personal Data

Categories of Personal Data

Modes may process your personal details (e.g., your name); demographic data (e.g., your age); your contact details (e.g., your address); records of your consents; purchase details; payment details (e.g., your billing address); information about our Site (e.g., the type of device you are using); information about your interactions with our content or advertising; and any views or opinions you provide to us.

Depending on the purpose for which your Personal Data is processed from time to time, the categories of Personal Data that Modes may Process include:

• Personal details and demographic information: User's personal details and demographic information (e.g., first name, last name, language, and country from which User interacts with Modes).
• Contact details: correspondence address; shipping address; telephone number; email address.
• Payment details: payment records (e.g., payment or credit card information, billing address, information related to purchases made, orders, returns, etc.).
• Consent records: records of any consents that the User has given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).
• Data relating to the use of the Site: connection data, geolocation and/or navigation (for example, if the User interacts from a mobile phone), device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connection to the Site.
• Purchase details: commercial information (for example, if the User is subscribed to the newsletter), information relating to the User’s preferences.
• Content and advertising data: records of interactions with our online advertising and content, records of advertising and content displayed on pages that are displayed to you, and any interaction you may have had with such content or advertising (e.g., mouse hover, mouse clicks, any forms you complete in whole or in part) and any touchscreen interactions.
• Views and opinions: any views and opinions that you choose to send to us, or publicly post about us on social media platforms.

1. 4. Processing of Sensitive Personal Data

Sensitive Personal Data

We do not seek to collect or otherwise Process Sensitive Personal Data. Where we need to Process Sensitive Personal Data for a legitimate purpose, we do so in accordance with applicable law.

We do not seek to collect or otherwise Process Sensitive Personal Data in the ordinary course of our business. Where it becomes necessary to Process your Sensitive Personal Data for any reason, we rely on one of the following legal bases:

• Compliance with applicable law: We may Process your Sensitive Personal Data where the Processing is required or permitted by applicable law;
• Detection and prevention of crime: We may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (e.g., the prevention of fraud);
• Establishment, exercise or defence of legal claims: We may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defence of legal claims; or
• Consent: We may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your express consent prior to Processing your Sensitive Personal Data (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).

If you provide Sensitive Personal Data to us, you must ensure that it is lawful for you to disclose such data to us, and you must ensure a valid legal basis applies to the Processing of those Sensitive Personal Data.

1. 5. Purposes of Processing and legal bases for Processing

Purposes of Processing and legal bases for Processing

Modes Processes Personal Data for the following purposes: providing our Site in connection with the registration request, executing the purchase agreement, customer support, operating our business, communications and marketing, product safety communications, IT systems management, health and safety, financial management, conducting surveys, compliance with applicable laws, improving our Site and services, establishment, exercise and defence of legal claims.

The purposes for which we Process Personal Data, subject to applicable law, and the legal bases on which we perform such Processing, are as follows:

Purposes of Processing	Legal basis for Processing
Provision of the Site in connection with the registration request: identifying the User and authorizing access to the various features, products and services available as a registered user.	The Processing is necessary in order to comply with the terms governing the use of the Site. In other words, Modes must process the User's Personal Data in order to handle the User's registration request.
Executing the purchase contract	The Processing is necessary for the purpose of executing the contract entered into with the User. Certain Processing of the User’s Personal Data relating to the purchasing process is only activated because the User requests or authorizes it, as in the case of saving payment data (payment card) for future purchases. In these cases, the legal basis for Processing is represented by the consent given by the User. Modes has a legitimate interest in conducting audits as they are necessary to detect and prevent fraud or fraudulent use of the Site, such as when you make a purchase or return.
Customer Care	Modes has a legitimate interest in responding to requests or questions posed by the User through the various existing contact channels. The Processing is necessary in order to conclude the purchase contract, when the User contacts Modes, in particular for matters related to the order or the product/service acquired through the Site. When the User's request is related to the exercise of the rights set forth below or to complaints about Modes' products or services, the Company is authorized to process the User's Personal Data to comply with legal obligations.
Operating our business: operating and managing our Site and our services; providing content to you; displaying advertising and other information to you; communicating and interacting with you via our Site; identify problems with the operation of the Site; planning improvements our Site and our services; create new sites or services; and and notifying you of changes to our Site or our services.	The Processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us. We have a legitimate interest in carrying out the Processing for the purpose of providing our Sites, our products, or our services to you (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way). We have a legitimate interest in carrying out the Processing for the purpose of improving the Site or the Company's services (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Communications and marketing: communicating with you via any means (including via email, telephone, text message, social media, post or in person) to provide news items and other information in which you may be interested, subject always to obtaining your prior opt-in consent to the extent required under applicable law; personalising our Sites, products and services for you; maintaining and updating your contact information where appropriate; obtaining your prior, opt-in consent where required; enabling and recording your choice to opt-out or unsubscribe, where applicable.	The Processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us. We have a legitimate interest in carrying out the Processing for the purpose of contacting you, subject always to compliance with applicable law (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Product safety communications: communications in relation to product safety, including product recalls and product safety advisory notices.	The Processing is necessary for compliance with a legal obligation. We have a legitimate interest in carrying out the Processing for the purpose of ensuring the safety, and proper use, of our products (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Management of IT systems: management and operation of our communications, IT and security systems; and audits (including security audits) and monitoring of such systems.	The Processing is necessary for compliance with a legal obligation. We have a legitimate interest in carrying out the Processing for the purpose of managing and maintaining our communications and IT systems (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Health and safety: health and safety assessments and record keeping; providing a safe and secure environment at the Stores; and compliance with related legal obligations.	The Processing is necessary for compliance with a legal obligation. We have a legitimate interest in carrying out the Processing for the purpose of ensuring a safe environment at our premises (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). The Processing is necessary to protect the vital interests of any individual.
Financial management: sales, finance, corporate audit and vendor management.	We have a legitimate interest in carrying out the Processing for the purpose of managing and operating the financial affairs of our business (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Surveys: engaging with you for the purposes of obtaining your views on our Site, products or services.	We have a legitimate interest in carrying out the Processing for the purpose of conducting surveys, satisfaction reports and market research (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law.	The Processing is necessary for compliance with a legal obligation. We have a legitimate interest in carrying out the Processing for the purpose of detecting, and protecting against, breaches of our policies and applicable laws (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Legal compliance: compliance with our legal and regulatory obligations under applicable law.	The Processing is necessary for compliance with a legal obligation.
Establishment, exercise and defence of legal claims: management of legal claims; establishment of facts and claims, including collection, review and production of documents, facts, evidence and witness statements; exercise and defence of legal rights and claims, including formal legal proceedings	The Processing is necessary for compliance with a legal obligation. We have a legitimate interest in carrying out the Processing for the purpose of establishing, exercising or defending our legal rights (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). The Processing is necessary for the establishment, exercise or defence of legal claims.

1. 6. Profiling

Automated decision-making, including profiling

The User's Personal Data are subject to automated decision-making processes, including profiling.

Modes Processes Personal Data for the purpose of automated decision-making and Profiling, which is carried out for the following purposes:

Processed data	Purpose of Profiling	Consequences for the User
User behaviour while browsing the site is tracked using third-party pixels that identify the device used, the operating system, the user's browser, the number of clicks made, the speed of clicks and keystrokes, and the battery life of the device used.	Modes, using Riskified, who is appointed as Data Processor, verifies this data for anti-fraud purposes. The legal basis for the collection of the data is the legitimate interest of the data controller. Automated decision-making is necessary for the purpose of concluding the purchase contract. The data is transferred to Israel where Riskified is based. According to the decision of the European Commission, Israel guarantees an adequate level of protection and therefore the transfer of data there does not require any specific authorisation.	If the check reveals that the transaction was fraudulent, the sale is blocked and the device/user is blacklisted. The decision can be challenged by the person concerned by writing to [email protected]
Personalized content and offers displayed in communications, which may be sent via email, SMS/MMS, telephone, instant messaging, social media and traditional mail.	Modes analyzes Users’ purchases, interests and habits to determine the most appropriate content and offers based on Users' interests.	This profiling activity allows the User to receive content that best suits his/her preferences and allows Modes to improve its offerings to Users.

3. Disclosure of Personal Data to Third Parties

Disclosure of Personal Data to Third Parties

We disclose Personal Data to: legal and regulatory authorities; our external advisors; our Processors; any party as necessary in connection with legal proceedings; any party as necessary for investigating, detecting or preventing criminal offences; any purchaser of our business or assets; and any third party providers of advertising, plugins or content used on our Site.

In order to achieve the purposes set out in this Notice, your data will be communicated to the companies of the Modes group and, to the minimum extent necessary to achieve the purposes, based on applicable legislation and/or a contractual agreement with the Data Controller, to

• you and, where appropriate, your appointed representatives;
• accountants, auditors, consultants, lawyers and other outside professional advisors to Modes, subject to binding contractual obligations of confidentiality;
• banking and financial institutions and credit rating agencies;
• companies specializing in fraud detection and prevention;
• IT and data processing service providers;
• service providers related to logistics and/or transportation;
• customer service providers;
• providers of marketing and advertising-related services, such as social networks, advertising agencies or advertising partners;
• public authorities, if and to the extent that this is required by law or by an administrative decision, or for the establishment, exercise or defence of legal claims;
• legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
• any relevant party, regulatory body, governmental authority, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal claims;
• any relevant party, regulatory body, governmental authority, law enforcement agency or court, for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the protection and prevention of threats to public safety;
• any relevant third party acquirer(s), in the event of a sale or transfer of all or part of the business or assets of Modes (including in the event of a reorganization, dissolution or liquidation).

In the event that the Company appoints a third party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.

4. International Transfer of Personal Data

International Transfer of Personal Data

To the extent that it is necessary in order to execute the contractual obligation, it may be necessary to transfer your Personal Data to third parties, such as those identified in Section (C) above, located outside of the European Union, in connection with the purposes set forth in this Notice. If Modes transfers your Personal Data, it will do so with appropriate or suitable safeguards, based on Standard Contractual Clauses.

To the extent that it is necessary for the execution of the contractual relationship, it may be necessary to transfer your Personal Data to third parties, such as those set out in Section (C) above, located in countries outside the European Union in connection with the purposes set out in this Notice. Therefore, your Personal Data may be transferred to third countries, which may have different data protection laws and compliance requirements than those in force in the country in which you are located.

Where the law of such third countries does not provide an adequate level of protection for personal data, transfer of your Personal Data will only be effected upon the execution of Standard Contractual Clauses. You are entitled to request a copy of our Standard Contractual Clauses using the contact details provided in Section (K) below.

5. Data Security      

Data Security

We implement appropriate technical and organizational security measures to protect your Personal Data. Please ensure that any Personal Data that you send to us are sent securely.

Modes has implemented appropriate technical and organizational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, unauthorized access, and other unlawful or unauthorized forms of Processing, in accordance with applicable law.

Please ensure that any Personal Data that you send to us are sent securely.

6. Data accuracy

Data accuracy

We take every reasonable step to ensure that your Personal Data are kept accurate and up-to-date and are erased or rectified if we become aware of inaccuracies.

      Modes takes every reasonable steps to ensure that:

• your Personal Data that we Process are accurate and, where necessary, kept up to date; and
• any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay.

From time to time, Modes may ask you to confirm the accuracy of your Personal Data.

7. Data minimization                                                           

Data minimization

We take every reasonable step to limit the volume of your Personal Data that we Process to what is necessary.

We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably necessary in connection with the purposes set out in this Notice.

8. Data retention

Data Retention

We take every reasonable step to ensure that your Personal Data are only retained for as long as they are needed in connection with a lawful purpose.

Modes retains your Personal Data in a form that allows it to be identified only for as long as necessary in connection with the purposes set forth in this Notice, unless applicable law permits or requires a longer retention period.

The criteria for determining the retention period of your Personal Data are as follows: Modes retains Personal Data for as long as it is authorized to contact you. If you wish to revoke this authorization, you may do so using the contact information set forth in Section (K) below.

1. Your legal rights

Your legal rights

Subject to applicable law, you may have a number of rights, including: the right not to provide your Personal Data to us; the right of access to your Personal Data; the right to request rectification of inaccuracies; the right to request the erasure, or restriction of Processing, of your Personal Data; the right to object to the Processing of your Personal Data; the right to have your Personal Data transferred to another Controller; the right to withdraw consent; and the right to lodge complaints with Data Protection Authorities. In some cases it will be necessary to provide evidence of your identity before we can give effect to these rights.

Subject to applicable law, you may have the following rights regarding the Processing of your Relevant Personal Data:

• the right to request access to, or copies of, your Relevant Personal Data processed or controlled by Modes;
• the right to request rectification of any inaccuracies in your Relevant Personal Data;
• the right to request, on legitimate grounds:
  • erasure of your Relevant Personal Data; or
  • restriction of Processing of your Relevant Personal Data processed or controlled by Modes;
• the right to object, on legitimate grounds, to the Processing of your Personal Data;
• the right to have certain Relevant Personal Data transferred to another Controller, to the extent possible;
• where we Process your Relevant Personal Data on the basis of your consent, the right to withdraw that consent; and
• the right to lodge complaints regarding the Processing of your Relevant Personal Data with a Data Protection Authority.

Your legal rights

Subject to applicable law, you may also have the following additional rights regarding the Processing of your Relevant Personal Data: the right to object, on grounds relating to your particular situation, to the Processing of your Relevant Personal Data by us or on our behalf, where such processing is based on Articles 6(1)(e) (public interest) or 6(1)(f) (legitimate interests) of the GDPR; and the right to object to the Processing of your Relevant Personal Data by us or on our behalf for direct marketing purposes.

This does not affect your statutory rights.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Notice, or about our Processing of your Personal Data, please use the contact details provided in Section (K) below.

Please note that:

• in some cases it will be necessary to provide evidence of your identity before we can give effect to these rights; and
• where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with applicable law) we will investigate your request reasonably promptly, before deciding what action to take.

10. User Obligations

Modes relies on the fact that you provide complete and accurate Personal Data so that we can provide appropriate services to you.

11. Contact Details

If you have any comments, concerns or questions regarding any of the information contained in this Notice or regarding any other matter relating to Modes’ Processing of Personal Data please contact:

• Customer Service: [email protected], +39 025455142 (Monday to Friday, from 10.00 to 19.00), +44 2037447494 (Monday to Friday, from 9.00 to 18.00); or
• The address to which e-mails may be sent by data subjects in order to exercise their rights: [email protected].

12. Cookies

Cookies

Modes Processes Personal Data by using cookies and similar technologies. For more information, please see Modes' Cookies Policy available at the following link: https://www.modes.com/it/legal#cookies-policy.

We will typically place Cookies onto your device, or read Cookies already on your device, subject always to obtaining your consent, where required, in accordance with applicable law.

Modes processes Personal Data through Cookies and similar technologies, in accordance with the Cookies Policy available at the following link https://www.modes.com/it/legal#cookies-policy.

13. Terms and Conditions of Use

Terms and Conditions of Use

The Terms and Conditions of Use of the Site govern all use of our Site and are available at the following link https://www.modes.com/it/legal#terms-and-conditions.

The Terms and Conditions of Use of the Site, available at the following link https://www.modes.com/it/legal#terms-and-conditions, govern all use of the Site. We recommend that you review our Terms and Conditions of Use regularly, in order to review any changes we might make from time to time.

14. Direct Marketing

Direct Marketing

Modes Processes Personal Data to contact you with information that may be of interest to you. You may unsubscribe for free at any time.

Modes processes Personal Data to contact you via email, telephone, direct mail or other communication formats to provide you with information regarding the Site, products or services that may be of interest to you.

Modes also processes Personal Data for the purpose of displaying content tailored to your use of the Site, the purchase of products. If we provide the Site, products or services to you, we may send or display information to you regarding our Site, products or services, upcoming promotions and other information that may be of interest to you, including by using the contact details that you have provided to us, or any other appropriate means, subject always to obtaining your prior opt-in consent to the extent required under applicable law.

You may unsubscribe from our promotional email list at any time by simply clicking on the unsubscribe link included in every promotional electronic communication we send.

Please note that it may take up to 24 hours to process your unsubscribe request during which time you may continue to receive communications from Modes. After unsubscribing, Modes will not send you further promotional emails, but in some circumstances will continue to contact you to the extent necessary for the purposes of the Site, or the service you have requested.

15. Definitions

• “Controller” means the entity that decides how and why Personal Data are Processed.
• “Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Notice, a reference to a “Cookie” includes analogous technologies such as web beacons and clear GIFs.
• “Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
• “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
• “Personal Data” means any information about a person or from which a person is identifiable.  Examples of Personal Data that Modes may Process are provided in Section (B) above.
• “Personnel” means any current, past or future employee, employed on a temporary or permanent basis by Modes.
• “Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• “Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
• “Profiling” means any form of automated Processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
• “Relevant Personal Data” means Personal Data in respect of which we are the Controller.
• “Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, biometric data, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number.
• “Site” means the Modes website (www. modes.com) and any other website operated by (or on behalf of) Modes.
• “Stores” means all Modes outlets.

Introduction

These Terms and Conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred in these Terms and Conditions) (Terms and Conditions) set out the legal terms that apply to your use of the website https://www.modes.com (Website or Site), the purchase of your products from Modes S.p.a. (company number 01935550812 VAT number 01935550812) whose registered office is at Largo La Foppa 2, 20121, MILANO (“Modes”, we, us and our) and the services (Services) that are provided by Farfetch UK Limited and/or Farfetch US LLC (Farfetch) depending on your location under its trading division Black & White, as more particularly detailed below in the section headed Operation of Website and Services and Product.
Your purchase of any of the products offered on the Site (Products) is subject to these Terms and Conditions and by placing an order for any Product you agree to be bound by them. You should print a copy of these Terms and Conditions for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
We reserve the right to change these Terms and Conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us.

 

Access to the Site

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions or if any details you provide for the purposes of registering as a user prove to be false.

Operation of Website and Services and Product

Operation of Website and delivery of Services
The Website is owned by Modes S.p.a.. Modes has subcontracted the operation of certain aspects of the Website to Black & White, a trading division of Farfetch. As such, Farfetch provides and/or procures certain services on behalf of Modes to enable the operation of the Website and for you to search through the Website and purchase products from Modes. Such Services include, but are not limited to, payment processing, customer service, hosting, and delivery logistics. The specific Farfetch entity procuring such payment processing services will depend on your location. If you are located in the USA then Farfetch.com US LLC will procure the payment processing services; if you are located anywhere else in the world Farfetch UK Limited will procure the payment processing services. Farfetch UK Limited is a company registered in England and Wales and its registered office is at The Bower, 211 Old Street, London EC1V 9NR United Kingdom. Its registered company number is 06400760 and its VAT number is GB 204 0769 35. Farfetch.com US LLC is a company registered in the USA and its registered office is at 2301, East 7th Street, Suite A-250 Los Angeles, California, 90023.

Please note that the delivery logistics service is being provided by Farfetch to you, the customer, and as such you are entering into a contract for delivery services provided by Farfetch. Farfetch may make a charge for these services which will be shown in at prior to checkout and your purchase of the products.

 

Products
The Products are owned and sold on the Website by Modes. Modes attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.

The Products sold are supplied for your domestic and private use only. You agree that you will not use the Products for any commercial, business or re-sale purposes. Neither Modes nor Farfetch has any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

Ordering and availability
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Pay Now" button on the checkout page.

After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Pay Now" button, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been despatched (Despatch Confirmation). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the Despatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.

The Contract will relate only to the Product(s) whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the despatch of such Product(s) has been confirmed in a separate Despatch Confirmation.

 

Delivery
Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Despatch Confirmation, unless there are exceptional circumstances. There may be some delivery delays on orders received during promotion and sale periods and due to circumstances outside the control of Modes e.g. weather conditions.
Your order will be delivered to the delivery address you specify when placing your order.

If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country/region that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.

Products comprised within the same order cannot be delivered to different addresses.
Deliveries are made by our trusted courier and take place on Monday to Friday (or other normal working week days in countries/regions that do not follow a Western pattern of working week), excluding Italian bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
If you order Product(s) for international delivery, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. In the event that you return an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included then you will responsible for reclaiming duty directly from your local customs office.

Please also note that you must comply with all applicable laws and regulations of the country/region for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.

Risk and ownership
The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.

 

Price and payment
The price of Products is as quoted on the Site from time to time.

Prices include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket, and have selected your chosen different delivery method.
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.

The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
Payment for all orders must be made by PayPal, Credit or Debit card on the checkout page. We accept payment by most major credit and debit cards.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. We also carry out a standard pre-authorisation check on your payment card, and Products will not be despatched until this pre-authorisation check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the Terms and Conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.

Pre-orders
On our website it is possible to pre-order items whose release is scheduled for the following months. The indicated date of availability is the date previously confirmed by our suppliers. The pre-order purchase will take place with the full and advance payment of the price contextual to the pre-order by one of the payment systems active on our website. The items purchased in pre-order will be shipped as soon as they are available. Modes spa declines any responsibility for any eventual changes to the delivery date, for any eventual cancellations or changes to the items purchased in the pre-order due to changes in the suppliers' production. In the event that the pre-sale order is subsequently not executable, the amount paid will be credited back to the original transaction.

 

Processing of payment data
The data provided by the user to make a payment will be encrypted using SSL (Secure Sockets Layer) technology before sending them over the Internet. Payments on the Website are made from time to time through our payment gateway provider, including PayPal. The user will communicate the credit or debit card details directly to that payment service provider, which manages a secure server to process payment information, encrypting credit / debit card details and authorizing payment. The information disclosed to these payment service providers is not under our control, but is subject to their privacy policy and their Terms and Conditions. For more information, we invite you to contact us. Nevertheless, unfortunately, the transmission and flow of information via the Internet is not completely secure. We cannot guarantee the security of your personal information or data transmitted to / through our Website and its transmission is at your own risk. In particular, the user must take into account the fact that, voluntarily disclosing personal data online in an unprotected environment (such as a message board, the list of expenses etc.), such information could be acquired and used by other subjects, outside of ours and its control.

 

Returns policy
Returned Products must conform to our returns policy below.
You have a legal obligation to take reasonable care of the products while they are in your possession, and you must return them in the same condition in which you receive them (except to the extent reasonably necessary to examine them). This includes the following guidelines:
• Products should be returned unworn (other than to try them on), unwashed, undamaged and unused with their original tags;
• footwear and accessories should be returned in the original boxes provided and inside a protective shipping box;
• if the Product comes with a security tag this should be left on;
• hosiery should only be returned if it is unopened and is in its original package; and
• lingerie and swimwear must only be tried on over your own lingerie garments.
If you fail to comply with the above obligations (including the conditions of return), we may deduct from the refund an amount to reflect the diminished value of the Product(s) up to the full price of the Product(s). We reserve the right to request photographic evidence before authorising the return of the faulty Product(s) and paying for their return.
You cannot cancel a contract for the supply of any of the following Products:
• any Products that have been personalised or made to your own bespoke specifications unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered (see Returns and refunds for customised Products below for more information);
• earrings of any type including costume or fine jewellery (see Returns and refunds of jewellery below for more information); and
• any garments or cosmetics Products that have had a hygiene label or seal removed or broken.

Returns and refunds for customised Products
Due to the nature of personalised and monogrammed Products, returns, changes or cancellations are at our discretion. In exercising this discretion, we will have regard to the level of customisation and personalisation and also reserve the right to offer a store credit rather than a monetary refund. Store credit is valid for 6 months from the date of issue. This does not affect your statutory rights. Please note, that personalised and/or customised Products may have a long lead in time before shipping, but payment will be taken at the time of or shortly after you submit your order and in advance of shipping.

We operate a special returns policy for certain jewellery Products due to their value and nature. Any jewellery Products with a value of 700 € or more must be returned to us within 7 days of delivery, and should be returned in its original packaging in the same condition in which you receive them. Please note that it may take longer than normal to process refund for such jewellery Products due to their nature, as we assess any diminished value waitlist within your care.

Returns Process

23. 
    recommend that you return Products in their original packaging to ensure the necessary protection when in transit. Instructions for the return of the Product(s) will be included with the delivery package. When cancelling a purchase and returning Products to us you have two options available to you:
    i. Depending on where you live, exercise your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCRs). If you choose this option you will be refunded the full price for the Product(s) (subject to our Returns Policy) and the cost of standard delivery but will be liable for the organisation and cost of returning the Product(s) to us.
    ii. [Use our Free Returns service. If you choose this option you can return the Products(s) for free and will be refunded the full price for the Product(s) (subject to our Returns Policy) but not the delivery charges.]

We describe these two options in more detail below.

(i) Your cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCRs)
Except in relation to certain types of Products (as set out above), you may cancel a contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you received the Products ("cooling-off period").
To cancel a Contract, you must clearly inform us, preferably:
• by email at [email protected] giving us your name, address and order reference
• by telephone on:
IT: +39 055 062 1075 Monday - Friday 10 am – 7 pm (CET) Italian
UK: +44 (0) 12 7728 4310 Monday - Friday 9 am – 6 pm (GMT) English only
US: +1 347-508-9555 Monday - Friday 4am – 1pm, NY time

If you cancel an order (or part of an order) during the cooling off period, you must return the Product(s) within 14 days after the day on which you notify us of the cancellation and comply with the Returns Policy. All returns must bear the returns authorization number on the outside package or on the inside as specified in the Returns Policy.

If you cancel a Contract between us within the 14 day cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case within 14 days after the day on which we receive the Product(s) back or (ii) if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address.

We will refund the price of the Product(s) in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s)), excluding the cost of standard delivery (unless the items were faulty or incorrect). Where the Product(s) is faulty or incorrect we will bear the cost of return or refund such costs to you. We reserve the right to refuse returns that do not comply with the Returns Policy. We will not refund your cost of returning the Product(s) to us, and you are responsible for those costs. We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise. Refunds will be made as soon as the returned items have been checked and accepted. If you paid for the order by credit card, the refund will be made within 14 days and will appear on your next statement. Exchanges are possible within the EU for an alternative size or colour.

(ii) Free Return Pick Up
We offer a free collection service to all customer for Product(s) you wish to return expect in relation to certain types on Products as set out in the Returns Policy. You have 14 days from receiving your order to return the Product to us. We strongly recommend that you book your free returns pick-up within 7 days of receiving your order to ensure that it arrives back in time. Please note that we can only collect returns from the same country/region to which your order was delivered.

To book a free returns pick-up

Sign in to the Site and go to My Account.

Under “Orders” click on the “Book a return collection” link next to the order you want to return.

Select the Product(s) you would like to return and follow the steps to schedule a pick-up time and address.

We will e-mail you with your Returns Merchandise Authorisation (RMA) number, confirmation of your collection time and address, a booking reference number and returns documents.

What happens next?

Print out the Air Waybill (AWB) and attach It to the outside of the parcel. There will also be a copy to give to the courier. Please save a copy of the AWB for your records.

You can use this to track your return shipment.

If you have been provided with a returns invoice customs, please enclose one inside the package and attach a signed copy with the AWB.

Do not seal your package until the driver has checked the contents.

Please note that you have 30 days to contact us upon the pickup of your return to ensure that we have acknowledged it and received the Product. If you contact us after this 30 days period, we cannot guarantee a refund.

 

Faulty Products
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
Product information
Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order (see Contacting us).
What you are allowed to do
You may only use the Site for non-commercial use and only in accordance with these Terms and Conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in these Terms and Conditions, you are not allowed to:
• 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
• remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
• create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these Terms and Conditions will terminate immediately in the event that you are in breach of any of them.
Intellectual property rights
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by Farfetch, Modes or our licensors. Except as expressly set out here, nothing in these Terms and Conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these Terms and Conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
Content
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

 

External links
The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Our Website may contain links to and from the websites of our commercial partner, advertisers etc.. If you follow a link to any of these websites, please note that this Privacy Policy does not apply to those websites. We will not be liable or responsible for the privacy policies or practices of those websites, so please check their policies before you submit any personal data to those websites
Our liability
Nothing in these Terms and Conditions shall limit or exclude our liability to you:
• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded
• under Part I of the Consumer Protection Act 1987; or
• for any other liability that, by law, may not be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

 

General
You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing to the address set out at the end of these Terms and Conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms and Conditions is found to be unenforceable, all other provisions shall remain unaffected.
These Terms and Conditions may not be varied except with our express written consent.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
Anything related to your order, use of the Websites or these Terms and Conditions are governed by English law. The courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions. If you are resident or domiciled in Italy the courts of Italy shall have the exclusive jurisdiction.
In order to use the Services you must be over 18 years of age