Terms of service
Last updated: 9 September 2026
1. About These Terms
This website is operated by Modus Operandi Sydney ("M.O. Sydney", "we", "us" or "our").
These Terms of Service ("Terms") apply when you access or use modusoperandisydney.com.au (the "Site"), purchase products or services from us, create a customer account, make a booking or otherwise use services provided by Modus Operandi Sydney.
By using our Site or purchasing from us, you agree to these Terms together with any policies or additional terms referred to within them.
Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded, restricted or modified, including rights available under the Australian Consumer Law.
Our online store is hosted by Shopify, which provides the ecommerce platform through which we offer products and services.
2. Online Store and Eligibility
You must use our Site and services only for lawful purposes and in accordance with these Terms.
If you are under 18, you should only make purchases with the involvement or permission of a parent or guardian where required.
You must not misuse our Site, interfere with its operation or security, introduce malicious code, attempt to gain unauthorised access, or use our Site in a way that violates applicable law or the rights of another person.
We may restrict or suspend access to our Site where reasonably necessary to protect M.O. Sydney, our customers, staff, contractors, systems or other users.
3. Refusal of Service
To the extent permitted by law, Modus Operandi Sydney reserves the right to refuse, restrict, suspend or discontinue service, decline an order, cancel an order before fulfilment, cancel or refuse an appointment, or restrict access to our Site or services where we reasonably consider it necessary.
This may include circumstances involving:
- Suspected fraud, theft or other unlawful activity.
- Abusive, threatening, harassing or inappropriate behaviour towards our staff, contractors, suppliers or other customers.
- Misuse of our Site, services, promotions, discount codes, returns or exchange processes.
- Suspected unauthorised commercial resale or unusually high-volume purchasing.
- False, misleading or incomplete information provided to us.
- Payment issues, chargeback abuse or inability to verify or authorise payment.
- Security, safety or operational concerns.
- Product or service unavailability.
- Genuine pricing, listing, inventory or technical errors.
- An inability to reasonably fulfil an order, appointment or service.
- A breach or suspected breach of these Terms or another applicable M.O. Sydney policy.
- Any other reasonable circumstance where providing or continuing the service would expose M.O. Sydney, its staff, contractors, customers or business to legal, financial, operational, safety or reputational risk.
Where we cancel an order for which payment has already been received and the customer is entitled to a refund, we will refund the applicable amount.
Nothing in this section permits M.O. Sydney to refuse service unlawfully or limits any rights or remedies available under the Australian Consumer Law or other applicable law.
4. Products and Availability
All products and services displayed on our Site are subject to availability.
We may change, discontinue or limit products, sizes, colours, services or quantities at any time.
Adding an item to your cart does not reserve the item or guarantee its availability.
In some circumstances, an item may become unavailable after an order has been submitted. If we cannot fulfil an item you have paid for, we will contact you to discuss an appropriate alternative or provide a refund for the unavailable item.
We may reasonably limit quantities or decline orders where we suspect fraud, unauthorised resale, misuse of promotions or other improper activity.
5. Product Information, Colour, Sizing and Fit
We take reasonable care to ensure product descriptions, photographs, sizing information and other product information displayed on our Site are accurate.
Colours, textures and appearance may vary slightly depending on photography, lighting, screen settings, production batches and the device used to view our Site.
Sizing and fit information is provided as a guide. Individual fit may vary according to body shape, proportions, garment construction, fabric, cut and personal preference.
Any sizing, measurement or fit guidance provided by M.O. Sydney is intended to assist customers with product selection based on the information available to us. Unless expressly agreed otherwise, such guidance does not constitute a guarantee of fit.
Customers remain responsible for reviewing available sizing information and providing accurate measurements and other information when requesting sizing assistance.
If you are unsure about sizing, fit, colour or another product characteristic, we strongly recommend contacting M.O. Sydney before placing your order.
Nothing in this section limits your rights under the Australian Consumer Law where a product does not correspond with its description, is faulty or otherwise fails to meet an applicable consumer guarantee.
6. Prices, GST and Payment
Unless otherwise stated, prices displayed on our Site are in Australian dollars (AUD) and include GST where applicable.
Delivery charges and any other applicable charges will be displayed separately at checkout unless expressly included in the advertised price.
Prices, promotions and product availability may change from time to time.
The price applicable to an order is generally the price displayed when the order is submitted, subject to correction of genuine errors as described in these Terms.
Payment must be made using a payment method made available through our checkout.
Payments may be processed by Shopify and/or third-party payment providers, including buy now, pay later providers where offered.
Your use of a third-party payment service may also be subject to that provider's terms and conditions.
7. Orders and Order Acceptance
Please review your order carefully before submitting it, including the product, size, colour, quantity, delivery address and other order details.
Submitting an order does not necessarily constitute our final acceptance of that order.
We may decline or cancel an order where reasonably necessary, including where:
- A product is unavailable.
- A genuine pricing, product or listing error has occurred.
- Payment cannot be authorised or verified.
- We reasonably suspect fraud or unauthorised activity.
- We reasonably suspect an order has been placed for unauthorised commercial resale.
- We are unable to fulfil or deliver the order.
- An order breaches these Terms or an applicable promotion.
If we cancel an order after payment has been taken, we will refund the applicable amount unless we are legally entitled to retain it.
8. Order Changes and Cancellations
Please ensure all order details are correct before completing your purchase.
Once an order has been placed, M.O. Sydney may begin processing and preparing it for dispatch immediately. There may be little or no time between receiving an order and beginning fulfilment.
As a result, we cannot guarantee that an order can be changed or cancelled after it has been placed.
If you notice an error after placing your order, please contact us as soon as possible. We will endeavour to assist where possible, including with changes to sizing, colour, delivery details or other order information, but we cannot guarantee that changes can be made once an order has entered processing or fulfilment.
If you have concerns regarding sizing, fit, product selection, delivery requirements or any other order details, we recommend contacting M.O. Sydney before placing your order.
If an order has already been dispatched, any applicable return or exchange will be handled in accordance with our Returns & Exchanges Policy.
Nothing in this section limits your rights under the Australian Consumer Law.
9. Pricing, Listing and Website Errors
We take reasonable care to ensure prices, descriptions, promotions, shipping charges, availability and other information displayed on our Site are accurate.
Occasionally, genuine typographical, technical, pricing, inventory or listing errors may occur.
Where we identify an obvious or genuine error before an affected order is fulfilled, we may contact you to explain the error and provide available options. These may include proceeding with the order on corrected terms or cancelling the affected item or order.
Where an affected order is cancelled after payment has been taken, we will refund the applicable amount.
Nothing in this section allows us to avoid obligations imposed by applicable consumer law.
10. Shipping and Delivery
Orders are delivered in accordance with our Delivery & Shipping Policy and the shipping option selected at checkout.
Any delivery timeframes displayed on our Site are estimates unless expressly stated otherwise.
Once an order has been provided to a postal or courier service, delivery may be affected by circumstances outside our reasonable control.
Selecting Express Shipping means that the order will be sent using the applicable express delivery service. It does not guarantee delivery by a particular date unless we expressly agree otherwise.
Customers are responsible for providing complete and accurate delivery information.
If you notice an error in your delivery details after placing an order, please contact us immediately. We will endeavour to correct the details where possible but cannot guarantee changes once an order has entered processing or been dispatched.
Additional costs arising from an incorrect or incomplete address, failed delivery or a parcel being returned to us may be payable by the customer where appropriate and where the issue was not caused by M.O. Sydney or the carrier.
Nothing in this section limits any rights or remedies available under the Australian Consumer Law.
11. Returns, Refunds and Exchanges
Change-of-mind returns and exchanges are offered in accordance with our Returns & Exchanges Policy.
Eligibility requirements, timeframes, exclusions, return postage obligations and exchange conditions are set out in that policy.
For change-of-mind returns, original shipping charges, including Express Shipping, are non-refundable.
For eligible size or fit exchanges, customers are responsible for the cost of returning the original item to M.O. Sydney.
For the first eligible exchange, M.O. Sydney will cover Standard Shipping for the replacement item. Any subsequent exchanges may incur additional shipping charges. If Express Shipping is requested for the replacement item, an additional shipping charge may apply.
Where the replacement product has a different price, any applicable difference will be payable or refunded in accordance with our Returns & Exchanges Policy.
Where only part of an order is returned for change of mind, original shipping charges will not be apportioned or partially refunded.
These conditions relate to our voluntary change-of-mind and exchange policies and do not limit rights available under the Australian Consumer Law.
12. Faulty, Damaged or Incorrect Products
Our products come with guarantees that cannot be excluded under the Australian Consumer Law where those guarantees apply.
If you receive a product that is faulty, damaged, incorrectly supplied or otherwise fails to meet an applicable consumer guarantee, please contact us as soon as reasonably possible so that we can assess the issue and provide an appropriate remedy.
Depending on the circumstances and applicable law, remedies may include repair, replacement or refund.
Where required by law, we will reimburse reasonable return costs associated with returning a product with a confirmed problem.
Our voluntary change-of-mind exclusions do not override your rights in relation to faulty or non-compliant products.
13. Alterations, Custom and Special Orders
Certain products or services may involve alterations, personalisation, customisation or products specifically ordered or manufactured to meet a customer's individual requirements.
Where you request or approve an alteration or customisation, you authorise M.O. Sydney or its service provider to make the agreed modifications.
Customers are responsible for checking and confirming measurements, alteration instructions, personalisation details and other information they provide before work begins.
Altered, personalised or custom products may not be eligible for change-of-mind returns or exchanges as set out in our Returns & Exchanges Policy.
Where a product is specifically ordered or manufactured to your individual requirements and this is disclosed before purchase, additional cancellation or return restrictions may apply.
Nothing in this section limits your rights under the Australian Consumer Law in relation to faulty workmanship, faulty products or other applicable consumer guarantees.
14. Appointments, Fittings, Weddings and Other Services
M.O. Sydney may offer appointments, fittings, wedding services, group orders, wedding packages, Fit Assurance or other specialised products and services.
These services may be subject to additional terms, fees, deposits, timeframes, booking conditions or cancellation requirements disclosed when you enquire, book or purchase.
Where additional terms apply to a particular service, those terms operate together with these Terms.
Availability of appointments, products, sizes and services cannot be guaranteed until confirmed by M.O. Sydney.
Customers are responsible for providing accurate information reasonably required for fittings, sizing, orders and appointments.
Where multiple people are involved in a wedding or group order, individual product availability, sizing, alterations and delivery requirements may vary.
Nothing in any additional service terms excludes rights that cannot lawfully be excluded under the Australian Consumer Law.
15. Promotions and Discount Codes
Promotions, discount codes and special offers may be subject to additional terms, including:
- Validity periods.
- Minimum spend requirements.
- Product or category exclusions.
- Limits on the number of uses.
- Restrictions on combining promotions.
- Eligibility requirements.
Unless otherwise stated, promotional offers cannot be exchanged for cash.
We may withdraw, amend or cancel a promotion where reasonably necessary, subject to honouring rights already acquired by customers and applicable law.
Misuse of a promotion or discount code may result in an order being declined or cancelled.
Where separate Promotion Terms are published for an offer, those terms form part of these Terms.
16. Gift Cards
Where gift cards are offered, they are subject to the conditions displayed at purchase and applicable Australian law.
Gift cards cannot generally be redeemed for cash except where required by law.
Expiry periods and other conditions will comply with applicable legal requirements.
Lost or stolen gift cards should be reported to us as soon as possible. Replacement may depend on whether the gift card and remaining balance can reasonably be identified and verified.
Nothing in this section limits rights provided by applicable gift card laws or the Australian Consumer Law.
17. Customer Accounts
You may have the option to create or use a customer account.
You are responsible for maintaining the confidentiality and security of your account and for providing accurate and current information.
Please contact us promptly if you believe your account or login information has been compromised.
We may suspend or restrict an account where reasonably necessary for security, fraud prevention or misuse of our services.
Our handling of personal information associated with customer accounts is governed by our Privacy Policy.
18. Third-Party Services, Platforms and Payment Providers
Our Site is hosted by Shopify and may integrate with independent third-party services for functions including payments, buy now pay later, shipping, appointments, forms, wishlists, product recommendations, analytics, advertising, reviews and customer communications.
Third-party services may be subject to their own terms, privacy policies, availability and technical requirements.
To the extent permitted by law, M.O. Sydney is not responsible for independent acts, omissions, outages, interruptions, errors or failures of third-party providers that are outside our reasonable control.
Where an issue with a third-party service affects an obligation that M.O. Sydney remains legally responsible for, we will deal with that obligation in accordance with applicable law.
19. Third-Party Links
Our Site may contain links to websites or services operated by third parties.
These links are provided for convenience or information and do not necessarily constitute our endorsement of the third party.
We are not responsible for the content, availability, privacy practices or security of independent third-party websites to the extent permitted by law.
You should review applicable terms and privacy policies before using third-party websites or services.
20. Reviews, Feedback and User-Submitted Content
You may have opportunities to submit product reviews, feedback, photographs, comments or other content.
You must not submit content that:
- Is false or misleading.
- Infringes another person's intellectual property, privacy or other legal rights.
- Is unlawful, defamatory, abusive, obscene or threatening.
- Contains malicious software or harmful code.
- Impersonates another person.
Where you deliberately submit content for publication on our Site or associated M.O. Sydney channels, you grant M.O. Sydney a non-exclusive, royalty-free licence to use, reproduce, display and reasonably adapt that content for the purpose for which it was submitted and for reasonable promotion of our products or services.
You confirm that you have the right to provide content you submit to us.
We may moderate, decline to publish or remove user-submitted content where reasonably necessary, including where it breaches these Terms or applicable law.
Our handling of personal information contained in submissions is subject to our Privacy Policy.
21. Intellectual Property
Unless otherwise stated, content on our Site, including text, graphics, logos, branding, photographs, videos, product descriptions, design elements and other materials, is owned by or licensed to M.O. Sydney and is protected by applicable intellectual property laws.
You may access and use our Site for personal, non-commercial purposes.
You must not reproduce, distribute, modify, publish, commercially exploit or otherwise use our Site content without our prior permission except where permitted by law.
Third-party trade marks, logos and other intellectual property remain the property of their respective owners.
22. Prohibited Uses
You must not use our Site or services:
- For an unlawful or fraudulent purpose.
- To infringe our rights or the rights of another person.
- To submit false or misleading information.
- To introduce viruses, malware or other harmful technology.
- To interfere with the security or operation of our Site.
- To obtain unauthorised access to systems, accounts or information.
- To scrape, harvest or collect information in an unauthorised manner.
- To send spam or other unauthorised communications.
- To impersonate another person.
- To circumvent Site security or technical protections.
- In any manner that could reasonably damage, disable or impair our Site or services.
We may restrict or terminate access where we reasonably believe these conditions have been breached.
23. Events Beyond Our Reasonable Control
M.O. Sydney will not be responsible for a delay or failure to perform an obligation to the extent that the delay or failure is caused by circumstances outside our reasonable control, subject to applicable law.
Such circumstances may include:
- Natural disasters, severe weather, fire or flood.
- Pandemic, epidemic or public health events.
- Industrial action or transport disruption.
- Postal or courier delays or interruptions.
- Supply-chain disruption, shortages or supplier failure.
- Telecommunications, electricity or internet outages.
- Cyber incidents affecting third-party systems.
- Failure or interruption of independent technology platforms or payment services.
- Government action or restrictions.
- Other events that we could not reasonably prevent or control.
Where such an event affects an order or service, we will take reasonable steps to minimise the impact and communicate with affected customers where appropriate.
Nothing in this section limits any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.
24. Website Availability and Information
We endeavour to keep our Site accurate, secure and available.
However, websites and online services may occasionally experience interruptions, maintenance, technical errors or circumstances outside our reasonable control.
We do not guarantee that the Site will always be uninterrupted, continuously available or error-free.
We may update, modify, suspend or discontinue features of the Site from time to time.
Historical, editorial or general information displayed on the Site may be provided for reference and should be considered in its appropriate context.
Where an error affects an order or transaction, we will deal with the matter reasonably and in accordance with applicable law.
25. Customer Responsibilities
Customers are responsible for:
- Reviewing product information and available sizing guidance before ordering.
- Providing accurate measurements and sizing information where requested.
- Providing complete and accurate billing, contact and delivery information.
- Reviewing order details before completing a purchase.
- Following care instructions provided with products.
- Using products for their intended purpose.
- Contacting M.O. Sydney promptly where an issue is identified.
- Taking reasonable steps to minimise avoidable loss or damage.
M.O. Sydney is not responsible, to the extent permitted by law, for loss or additional costs resulting from inaccurate or incomplete information supplied by a customer or a customer's failure to take reasonable steps required of them.
Nothing in this section limits rights that cannot lawfully be excluded.
26. Australian Consumer Law and Limitation of Liability
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or other protection provided by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
Subject to those rights and to the maximum extent permitted by law, M.O. Sydney is not responsible or liable for loss, damage, cost, expense, delay or inconvenience arising from or relating to:
- A customer's incorrect selection of product, size, colour, fit or other product option.
- Inaccurate or incomplete information supplied by a customer, including measurements, contact information, delivery addresses, alteration instructions or order details.
- A customer's failure to follow product care instructions or reasonable instructions provided by M.O. Sydney.
- Damage caused by misuse, improper care, normal wear and tear, accident or alterations performed by a person other than M.O. Sydney or an authorised provider.
- Delays, interruptions or failures caused by events outside our reasonable control.
- Postal, courier, supplier or supply-chain delays outside our reasonable control.
- Loss arising from a customer's failure to protect account credentials or other information where the loss was not caused by M.O. Sydney.
- Independent third-party websites, platforms, payment services, applications or services outside our reasonable control.
- A customer's failure to act on information, requests or communications reasonably provided by M.O. Sydney.
- Business, commercial or resale losses arising from products purchased primarily for personal use, to the extent such liability may lawfully be excluded.
To the extent permitted by law, M.O. Sydney will not be liable for indirect, incidental, special or consequential loss that was not reasonably foreseeable as a result of our conduct.
Where liability cannot lawfully be excluded but may lawfully be limited, our liability will be limited to the maximum extent permitted by applicable law.
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
Customers are responsible for taking reasonable steps to minimise loss or damage arising in connection with an order, product or service and for notifying M.O. Sydney promptly where an issue arises.
27. Indemnity
To the extent permitted by law, you agree to indemnify M.O. Sydney against reasonable loss, damage, liability, cost or expense arising directly from:
- Your unlawful use of our Site or services.
- Your material breach of these Terms.
- Your infringement of another person's intellectual property or other legal rights.
- Content you submit where you did not have the right to provide that content.
- Fraudulent, deliberately misleading or unlawful conduct by you.
This indemnity does not apply to the extent that the loss or damage was caused or contributed to by M.O. Sydney, or where applying the indemnity would be unlawful or unfair under applicable law.
28. Privacy
Our collection, use, disclosure and handling of personal information is governed by our Privacy Policy.
Our Privacy Policy explains the types of information we collect, how we use and disclose it, our use of Shopify and other service providers, cookies and analytics, overseas data handling and how you can contact us about privacy matters.
29. Changes to These Terms
We may update these Terms from time to time to reflect changes to our business, products, services, technology or legal requirements.
The current version will be published on our Site and the "Last updated" date will be amended where appropriate.
Changes will apply from the date they are published unless otherwise stated.
Any order already placed will remain subject to rights and obligations that arose when the order was made, except where a change is required by law or otherwise agreed.
30. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the extent necessary where possible.
If it cannot be preserved, it will be severed without affecting the validity or enforceability of the remaining provisions.
31. No Waiver
If M.O. Sydney does not immediately exercise or enforce a right under these Terms, this does not mean that we waive that right.
A waiver of a particular right or breach does not constitute a waiver of any subsequent right or breach.
32. Entire Agreement
These Terms, together with our applicable policies and any additional terms expressly agreed or disclosed in connection with a particular product or service, constitute the terms governing your use of our Site and relevant purchases or services.
Where specific additional terms apply to a service, promotion, wedding package, appointment, custom order or other offering, those additional terms operate together with these Terms.
33. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
Subject to any rights you may have to bring proceedings elsewhere under applicable consumer law, the parties submit to the jurisdiction of the courts of New South Wales and applicable Commonwealth courts.
34. Contact Us
If you have questions about these Terms, an order, or our products and services, please contact:
Modus Operandi Sydney
Email: info@modusoperandisydney.com.au
ABN: 45 516 703 153