Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Clara & Ella Melbourne! The terms "we", "us" and "our" refer to Clara & Ella Melbourne. Clara & Ella Melbourne 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"). Clara & Ella Melbourne 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 our 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, province or country 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, where permitted by applicable law.

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 in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are responsible for maintaining the security of your account credentials and for activity conducted through your account, subject to applicable law. You may not transfer, sell, assign, or license your account to any other person without our prior written consent.

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 to access the store and your device settings and configuration.

We do not guarantee that the appearance of products on your screen will exactly match the products you receive. Nothing in these Terms excludes any mandatory consumer guarantees or rights that apply under applicable law.

All product descriptions are subject to change where necessary to reflect updates, availability or corrections. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region or jurisdiction, where permitted by applicable law.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Clara & Ella Melbourne reserves the right to accept or decline your order where permitted by applicable law. Your order is accepted when we confirm acceptance. Payment must be received and processed in accordance with the payment terms presented at checkout.

Please review your order carefully before submitting it. Once an order has been accepted, cancellation may not always be possible. Please refer to our applicable cancellation, return and refund policies for further information.

If we do not accept, make a change to, or cancel an order, we will make reasonable efforts to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to our Return & Refund Policy, available on our website. Nothing in that policy limits any mandatory rights you may have under applicable consumer protection laws.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export, unless expressly authorized by us.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will generally be the price in effect when the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, prices displayed in our online store may exclude shipping charges, customs duties, import taxes or other charges that will be disclosed at checkout or otherwise where required by applicable law.

Prices posted in our online store may differ from prices offered in physical stores or in online or other stores operated by third parties. We may offer promotions from time to time that affect pricing and 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 apply to the extent of that conflict.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. 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 any payment information you provide is accurate and complete, that you are authorized to use the selected payment method, and that you will pay the charges associated with your purchase, including applicable shipping charges, taxes and other disclosed fees.

SECTION 5 - SHIPPING AND DELIVERY

We make reasonable efforts to process and ship orders within the estimated timeframes stated in our Shipping Policy. All delivery times are estimates and are not guaranteed unless expressly stated otherwise.

Delivery may be affected by shipping carriers, customs processing, weather conditions, public holidays, incorrect or incomplete addresses, or other circumstances outside our reasonable control.

Responsibility for products during shipping, including risk of loss and delivery obligations, will be determined in accordance with applicable law. Nothing in these Terms excludes or limits any mandatory consumer rights relating to delivery or undelivered orders.

Please refer to our Shipping Policy for additional information about order processing, shipping options, delivery estimates and tracking.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof, are owned by Clara & Ella Melbourne, 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 on the Services without our prior written consent, except as permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property belonging to Clara & Ella Melbourne, Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by their respective owners.

Clara & Ella Melbourne's names, logos, product and service names, designs and slogans are trademarks of Clara & Ella Melbourne or their respective owners. You must not use such trademarks without the prior written permission of the relevant rights holder.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we may not monitor or control.

You acknowledge and agree that access to such tools may be provided on an "as is" and "as available" basis, without warranties or endorsements from us, to the extent permitted by applicable law. We are not responsible for third-party tools that we do not own or control, except where responsibility cannot legally be excluded.

Any use by you of optional tools offered through the site is at your own discretion. You should ensure that you understand and agree to the terms on which such tools are provided by the relevant third-party provider.

We may also offer new features through the Services in the future, including new tools and resources. Such features shall also be deemed part of the Services and 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 embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access.

If you decide to leave the Services to access these materials or third-party sites, you do so at your own discretion.

We are not responsible for third-party websites, products, services or content, except to the extent required by applicable law. Please review the policies and practices of third-party websites before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should generally be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Clara & Ella Melbourne is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Clara & Ella Melbourne.

By using the Services, you acknowledge that Shopify provides the ecommerce platform that enables us to offer products and services. To the extent permitted by applicable law, Shopify is not responsible for transactions entered into directly between you and Clara & Ella Melbourne, including issues arising from products purchased from our store.

Nothing in this section excludes or limits any liability that cannot be excluded or limited under applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which is available on our website. Certain personal information may also be subject to Shopify's Privacy Policy.

By using the Services, you acknowledge that you have had the opportunity to review these privacy policies.

Because 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 the Services. Information you submit through the Services may be transmitted to and shared with Shopify and third-party service providers, including providers located in countries other than where you reside, where necessary to provide the Services and as permitted by applicable law.

Please review our Privacy Policy for more details about how Clara & Ella Melbourne, Shopify and our service providers handle 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 worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for purposes related to operating, providing, evaluating, enhancing, improving and promoting the Services, subject to applicable law.

This license does not transfer ownership of your Feedback to us.

You represent and warrant that you own or have the necessary rights to submit your Feedback, that you have disclosed any compensation or incentives received in connection with your submission where required, and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback, except where required by applicable law or separately agreed in writing.

We may, but are not obligated to, monitor, edit or remove Feedback that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, infringing or otherwise objectionable, or that violates these Terms.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy or other proprietary rights. You further agree that your Feedback will not contain unlawful, abusive or obscene material, or any computer virus or other malicious code that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties about the origin of Feedback. You are responsible for the Feedback you submit and its accuracy, subject to applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to update information where necessary. If information is materially inaccurate and affects an order, we may contact you to discuss an appropriate resolution, including cancellation or amendment where permitted by applicable law.

We will not use this section to avoid obligations imposed by applicable consumer protection laws.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any applicable international, national, federal, provincial, state or local laws or regulations;

(d) to harass, abuse, insult, harm, defame, intimidate or discriminate against our employees or any other person;

(e) to transmit false or misleading information;

(f) to upload, transmit or use material that violates these Terms;

(g) to transmit or procure the sending of unauthorized advertising or promotional material, including spam or similar solicitations;

(h) to impersonate or attempt to impersonate any other person or entity; or

(i) to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services or that may harm Clara & Ella Melbourne, Shopify or users of the Services.

In addition, you agree not to:

(a) upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services except as expressly permitted by us or applicable law;

(d) spam, phish, pharm or use deceptive practices through the Services;

(e) use robots, spiders, scraping tools, data-gathering tools, automated devices or other processes to access the Services in a manner that violates these Terms or applicable law; or

(f) interfere with, bypass or circumvent security or authorization features or other measures we employ to protect the Services.

We reserve the right to suspend, restrict or terminate access to the Services where we reasonably determine that these Terms have been violated, subject to applicable law.

SECTION 14 - AGENTS

14.1 Definitions

This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services.

"Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device without direct supervision.

14.2 Identification and Access

No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in accordance with the requirements in Section 14.4 below.

In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with the Services.

14.3 Access Restrictions

We may limit, including by technical measures, whether and how an Agent accesses, uses and interacts with the Services, subject to applicable law.

14.4 Agent Requirements

Agents must:

(i) identify themselves in HTTP/HTTPS requests and disclose their name in the user-agent string using the following format: "Agent/[agent name]";

(ii) not conceal or obfuscate that access, use or interactions are performed by an Agent, including by mimicking human behavior or circumventing CAPTCHA systems or other measures intended to distinguish computer use from human use;

(iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and

(iv) not circumvent or otherwise avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services, or any part thereof, where permitted by applicable law, including when we reasonably determine that you have materially violated these Terms.

You remain responsible for any amounts properly due up to the date of termination.

The following sections will continue to apply following termination to the extent relevant: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes. While we make reasonable efforts to keep information accurate and current, we do not guarantee that all information is complete, accurate or up to date.

Except as expressly stated by Clara & Ella Melbourne, the Services and products offered through the Services are provided on an "as is" and "as available" basis to the extent permitted by applicable law, without warranties or conditions that may lawfully be excluded.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Some jurisdictions do not permit the exclusion of certain warranties or conditions. In such jurisdictions, the exclusions in this section apply only to the extent permitted by law.

Nothing in these Terms excludes or limits any statutory consumer guarantees, rights or remedies that cannot legally be excluded or limited.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Clara & Ella Melbourne and its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, as well as Shopify and its affiliates, will not be liable for indirect, incidental, special, punitive or consequential losses arising from your use of the Services or products purchased through the Services, where such liability may lawfully be excluded.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, intentional misconduct, or any other liability that cannot legally be excluded or limited.

Where permitted by applicable law, any remaining liability will be limited to the extent reasonably allowed by law and the circumstances of the claim.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless Clara & Ella Melbourne, Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses, damages and reasonable legal expenses to the extent arising from your unlawful conduct, your material breach of these Terms or your infringement of a third party's rights.

This obligation does not apply to the extent a claim results from our own breach of law, negligence, misconduct or other conduct for which liability cannot legally be excluded.

We will notify you of any claim for which indemnification is sought within a reasonable time. You agree to provide reasonable cooperation in the defense of such claims.

No settlement may impose non-monetary obligations on you without your consent, which will not be unreasonably withheld.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be treated as severed from these Terms.

Such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect of the Services constitute the agreement between you and us regarding your use of the Services, superseding prior agreements, communications and proposals relating to the same subject matter, to the extent permitted by applicable law.

Any ambiguity in the interpretation of these Terms will be interpreted in accordance with applicable law.

SECTION 21 - 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, except where permitted by applicable law.

We may transfer or assign these Terms and our rights and obligations where permitted by applicable law, provided that doing so does not unlawfully reduce your rights.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with Services will be governed by the applicable laws relevant to the operation of Clara & Ella Melbourne and the transaction in question, subject to any mandatory consumer protection laws that apply in your country or region of residence.

Nothing in these Terms deprives consumers of protections granted by mandatory laws that cannot be excluded by agreement.

SECTION 23 - HEADINGS

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

SECTION 24 - 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 parts 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 material changes where required by applicable law, and such changes will take effect on the date specified in the notice or as otherwise permitted by law.

Your continued use of or access to the Services following the effective date of any changes constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Clara & Ella Melbourne
Email: support@claraelleamelbourne.com

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