Terms of service

 OVERVIEW
Welcome to Clairly! The terms "we", "us" and "our" refer to Clairly. Clairly operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as a customer, with a personalised shopping experience (the "Services"). Clairly is a store powered by Shopify, which enables us to provide you with the Services.

The Terms of Service below, together with all related policies (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our privacy policy. If you do not agree to these Terms of Service or this Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you confirm that you are at least the age of majority in your country or region of residence, and you give us your consent to allow any minor dependants in your care to use the Services on devices you own, purchase or manage.
To use the Services, including to access or browse our online store, or to purchase any of the products or services we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide in our store is accurate, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and all activity on your account. You are not permitted to transfer, sell, assign or licence your account to another person.

SECTION 2 – OUR PRODUCTS
We have endeavoured to provide an accurate representation of our products and services in our online store. However, please note that colours or the appearance of products may differ from how they appear on your screen, depending on the device you use to access the store and its settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the description or representation in our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product we offer to any individual, geographic area or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Clairly reserves the right to accept or decline your order for any reason, at its discretion. Your order is not accepted until Clairly has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Clairly may not be able to accommodate cancellation requests after an order has been accepted. In the event that we do not accept, amend or cancel an order, we will endeavour to notify you using the email address, billing address and/or telephone number provided at the time of ordering.
Your purchases may only be returned or exchanged in accordance with our refund policy.
You represent and warrant that your purchases are intended for your personal or domestic use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING
Prices, discounts and promotions may be changed without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping and handling charges, or customs or import duties.
Prices displayed in our online store may differ from prices offered in physical shops or in online stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing and which are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as necessary.
You represent and warrant that (i) the credit card information you provide is true, correct and complete; (ii) you are duly authorised to use that credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card provider; and (iv) you will pay the amounts charged by you at the displayed prices, including shipping and handling charges and all applicable taxes, where applicable.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping timeframes are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trade marks, service marks, text, displays, images, graphics, product reviews, videos and audio, and the design, selection and arrangement thereof, are owned by Clairly, its affiliates or its licensors and are protected by patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any licence or other rights to you under any patent, trade mark, copyright or other intellectual property of Clairly, Shopify or any third party. Unauthorised use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted herein are reserved by Clairly.
The names, logos, product and service names, designs and slogans of Clairly are trade marks of Clairly or its affiliates or licensors. You must not use these trade marks without the prior written consent of Clairly. Shopify's name, logo, product and service names, designs and slogans are trade marks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trade marks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may have access to third-party tools offered as part of the Services, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranty, representation or condition of any kind and without any endorsement. We disclaim all liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms under which the relevant third-party provider(s) supply those tools.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.
We are not responsible for any harm or damage arising from your access to third-party websites, or from your purchase or use of products, services, resources or content on third-party websites. Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Clairly is powered by Shopify, which enables us to provide you with the Services. However, any sales and purchases made in our Store are conducted directly with Clairly. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Clairly, including any loss, damage or liability arising from products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liability arising from or relating to your purchases and transactions with Clairly.

SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve those Services. Information you submit to the Services will be transferred to and shared with Shopify, as well as with third parties who may be located in countries other than your own, in order to provide you with services. Please consult our privacy policy for further details on how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback on any medium and for any purpose, including commercial purposes. We may, for example, use the rights granted by this licence to operate, provide, evaluate, enhance, improve and promote the Services, as well as to fulfil our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that (i) you own or have all necessary rights in all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have and shall have no obligation to (1) maintain the confidentiality of your Feedback; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, without obligation, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or which infringes any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyright, trade mark, privacy, personality or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer viruses or other malicious software that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We accept no responsibility for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
There may be occasions when information on or within the Services contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to amend or update information or cancel orders where any information is inaccurate, at any time and without notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You must not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable regulation, rule, international, national or local law or ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail", "chain letters", "spam" or similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may, in our view, harm Clairly, Shopify or users of the Services, or expose them to liability. 
In addition, you agree not to (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) send spam, phishing, pharming, pretexting, use bots, scrapers or crawlers; or (e) interfere with or circumvent the security features of the Services or any associated website, other websites or the internet. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we consider that you have breached any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which by its nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
Information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such content by you or any other visitor to the Services, or by anyone who may be informed of their contents.
EXCEPT AS EXPRESSLY STATED BY Clairly, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. CERTAIN JURISDICTIONS LIMIT OR DO NOT PERMIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Clairly, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Clairly, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party due to or arising from (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services. 
We will notify you of any indemnifiable claim, provided that failure to give prompt notice will not release you from your obligations unless you suffer material prejudice as a result. We may control the defence and settlement of such claim at your expense, including the choice of legal counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (such consent not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of any remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreement by which we provide you with Services shall be governed by and construed in accordance with the laws of England and Wales. You and Clairly agree to submit to the exclusive jurisdiction of the courts of England and Wales. 

SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [Email Address].
Our contact details are shown below:

Clairly

[Email Address]

Clos Marilyn Monroe 3, 1090 Jette, Bruxelles

+33 7 80 98 56 12

1008081903