Terms of Service
OVERVIEW
Welcome to Clementine Couture. The terms “we”, “us” and “our” refer to Clementine Couture. Clementine Couture operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Clementine Couture is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty 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 Privacy Policy, you should not use or access our Services.
SECTION 1: ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2: OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly as depicted in our online store.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION: 3 ORDERS
When you place an order, you are making an offer to purchase. Clementine Couture reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Clementine Couture confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, change, or cancel an order, we will attempt to notify you using the e-mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4: PRICES AND BILLING
Prices, discounts and promotions are subject to change 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 set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online store may differ from prices offered in other sales channels. We may offer promotions that are governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that the payment information you provide is true and correct, that you are authorized to use the selected payment method, and that you will pay all charges incurred at the posted prices, including shipping and applicable taxes.
SECTION 5: SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio and the design and arrangement thereof, are owned by Clementine Couture, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material without our prior written consent. All rights not expressly granted are reserved by Clementine Couture.
Clementine Couture names, logos, product and service names, designs and slogans are trademarks of Clementine Couture or its licensors. You must not use such trademarks without prior written permission. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names and marks are the property of their respective owners.
SECTION 7: OPTIONAL TOOLS
You may be provided with access to tools offered by third parties. We neither monitor nor control these tools and provide access “as is” and “as available” without warranties or endorsement.
Any use of optional tools is entirely at your own risk and discretion. Future features or services added to the store shall also be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may contain links to third-party websites or services. We are not responsible for examining or evaluating the content or accuracy of third-party materials. If you access third-party websites, you do so at your own risk.
We are not liable for any harm or damages related to purchases or use of goods, services or content from third-party websites. Complaints regarding third-party products should be directed to the relevant third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
Clementine Couture is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases are made directly with Clementine Couture. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Clementine Couture. You expressly release Shopify and its affiliates from all claims arising from your purchases and transactions with Clementine Couture.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, certain information may also be processed by Shopify in order to provide and improve the Services.
By using the Services, you acknowledge that you have read and understood our Privacy Policy. For privacy-related questions, you may contact us at info@clementine-couture.com.
SECTION 11: FEEDBACK
If you submit ideas, suggestions, reviews or other content (“Feedback”), you grant Clementine Couture a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish and distribute such Feedback for any purpose, including commercial purposes.
You represent and warrant that you own or have the necessary rights to submit such Feedback and that it does not violate any third-party rights or applicable laws. We are not obligated to maintain Feedback in confidence, pay compensation, or respond to Feedback.
SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13: PROHIBITED USES
You may use the Services for lawful purposes only. You may not use the Services for any unlawful purpose, to violate laws or regulations, to infringe intellectual property rights, to harass or harm others, to transmit false or misleading information, to distribute spam or malicious code, or to interfere with the security or proper functioning of the Services.
We reserve the right to suspend or terminate your access if you violate these Terms.
SECTION 14: TERMINATION
We may terminate your access to the Services at our sole discretion at any time without notice. You remain liable for all amounts due up to the date of termination.
Provisions that by their nature should survive termination shall survive, including those relating to intellectual property, limitation of liability and indemnification.
SECTION 15: DISCLAIMER OF WARRANTIES
The Services and all products offered are provided “as is” and “as available” without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Services will be uninterrupted, secure or error-free.
SECTION 16: LIMITATION OF LIABILITY
To the fullest extent permitted by law, Clementine Couture and its affiliates, partners, employees, agents and service providers shall not be liable for any direct, indirect, incidental, punitive or consequential damages arising from your use of the Services or products purchased through the Services.
SECTION 17: INDEMNIFICATION
You agree to indemnify and hold harmless Clementine Couture, Shopify and our affiliates, partners, officers, directors, employees and agents from any claims, damages or expenses arising out of your breach of these Terms, violation of law, or misuse of the Services.
SECTION 18: SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 19: WAIVER ENTIRE AGREEMENT
Failure to enforce any provision of these Terms shall not constitute a waiver. These Terms constitute the entire agreement between you and Clementine Couture regarding the Services and supersede any prior agreements or communications.
SECTION 20: ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
SECTION 21: GOVERNING LAW
These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of the jurisdiction where Clementine Couture is headquartered. You consent to the exclusive jurisdiction of the courts in that jurisdiction.
SECTION 22: HEADINGS
The headings used in these Terms are for convenience only and do not affect the interpretation of the provisions.
SECTION 23: CHANGES TO 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 to update, change or replace any part of these Terms by posting updates on our website. It is your responsibility to check this page periodically for changes. Continued use of the Services following any changes constitutes acceptance of those changes.
SECTION 24: COMPANY INFORMATION
Store Name: Clementine Couture
Company Name: Daniel Smith Active
Company Number: 86253301
Company Address:
Victor Hugoplantsoen 17
3533 CG, Utrecht
The Netherlands
Customer Service:
Monday to Friday: 8.00 - 18.00 (GMT)
Saturday and Sunday: Closed
Mail: info@clementine-couture.com
Phone: +31 6 45866249
We aim to reply to your questions within 24 hours.