Clara & Camille – Terms and Conditions

1) Introduction

1.1 These terms and conditions apply to the use of our website and to the purchase of products offered through it.

1.2 Definitions and interpretations of these terms and conditions are set out in section 26.

2) Acceptance

2.1 You represent and warrant that:

(a) you are a natural person and at least 18 years of age;

(b) you have the capacity to enter into a legally binding contract with us; and

(c) you are not prohibited from entering into such a contract under any law or treaty.

2.2 We reserve the right to request written confirmation of your authority to accept these Terms and Conditions.

2.3 You represent and warrant that:

(a) you have not been convicted of any computer or internet-related crime;

(b) you have not been denied access to the Products or the Site in the past.

2.4 We reserve the right to deny you access to our Site if we deem it necessary or appropriate.

2.5 Placing an order means:

(a) your confirmation that you have read and understood the Terms and Conditions in their entirety;

(b) your offer to purchase solely in accordance with the Terms and Conditions;

(c) your agreement that any Order Confirmation is based solely on these terms and conditions; and

(d) your commitment to comply with the Terms and Conditions.

2.6 If you do not agree to these Terms and Conditions, you may not use the Site or purchase Products.

2.7 You must expressly accept the Terms and Conditions in order to:

(a) submit information through our website; or

(b) purchase a Product.

2.8 By using our site, purchasing Products, or accepting the Terms and Conditions:

(a) you also agree to our Privacy Policy; and

(b) you accept and agree to comply with our Acceptable Use Policy (see section 12 below).

2.9 We recommend that you print a copy of the Terms and Conditions for future reference.

2.10 If you do not accept the Terms and Conditions, you may not place orders or contact us.

3) Personal Use

You confirm that you will use the Website solely for the purpose of purchasing Products for your own personal and non-commercial use, as a home user, and not on behalf of another person.

4) Prices

4.1 The prices of Products listed on our Website include delivery costs but do not include any taxes, duties, or other similar government charges (“duty unpaid and untaxed”).

4.2 Any taxes, duties, fees, and customs declarations associated with importing Products into the country of delivery are your sole responsibility. Goods are shipped from a non-EU country (China) and may be subject to additional costs such as customs duties or import VAT. The buyer is the “importer of record” and is responsible for full compliance with the import regulations of their country.

4.3 We make every effort to ensure that the prices, descriptions, and details of the Products are correct, but errors may occur. In the event of a pricing error, we will inform you and allow you to confirm your order at the correct price or cancel it.

4.4 We are not obligated to fulfill your order if the price on the Website was incorrect (even after Order Confirmation).

4.5 Prices are subject to change at any time, but changes will not affect orders that have already been confirmed.

5) Placing an order

5.1 Orders are fulfilled subject to Product availability. If a Product is unavailable, we will notify you and refund your money.

5.2 The contract is only concluded once we have sent you an Order Confirmation.

5.3 Products may be shipped in separate batches.

5.4 We reserve the right to remove Products from the Website at any time.

5.5 We reserve the right to reject an order at any time, including after Order Confirmation.

5.6 If we cancel an order after receiving payment, you will receive a full refund.

6) Payment

6.1 Payment for Products can be made through the available payment intermediaries indicated on the website.

6.2 You can use available promotional vouchers only when paying online.

6.3 We may transfer your data to payment intermediaries.

6.4 We are not a regulated payment processor or money service provider and are not responsible for errors made by payment intermediaries.

6.5 By placing an order, you confirm that:

(a) the payment method belongs to you;

(b) you are the authorized holder of the voucher;

(c) you have sufficient funds or credit limit to cover the order.

6.6 We are not responsible for unauthorized use of your card by third parties, even if the card has been reported stolen.

6.7 You are not permitted to make or attempt to make chargebacks.

6.8 You agree to reimburse us for any costs incurred as a result of chargebacks or payment cancellations.

7) Delivery

7.1 Orders are delivered to the address provided when placing the order.

7.2 The estimated delivery date is provided when placing the order.

7.3 We are not liable for any delays in delivery.

7.4 We may not be able to deliver Products to certain locations – in this case, the order will be canceled and the funds refunded.

7.5 The risk of loss or damage to the Products passes to you upon delivery to the specified address.

7.6 If you do not collect the parcel, the courier may leave a delivery notice with instructions for collection.

7.7 If you refuse to accept the parcel, we may charge you for the return costs.

7.8 Goods are shipped within 2–5 days of payment being credited. Standard delivery time is 5–8 business days, exceptionally up to 4 weeks.

7.9 All taxes, duties, and customs fees are the responsibility of the Buyer (“importer of record”).

8) Cancellation or modification of orders

8.1 Once you have placed your order, you can cancel or change it by sending us an email.

8.2 Once your order has been packed, it cannot be canceled or modified—it must be returned in accordance with section 10. Goods are shipped from Asia, so transit times are longer and beyond our control. If the products are already on their way, cancellation is not possible. Please wait for them to arrive and return them. To speed up the return process, please send us a shipping confirmation. An early refund is possible at the earliest 16 weeks after the order date if the goods have not arrived.

8.3 Our system is fully automated—orders are processed immediately after they are placed. Therefore, we cannot interrupt the shipping process, and returns before receipt of the goods are only possible up to 24 hours after placing the order.

9) Defective products

9.1 The products are standard and are not made to individual order.

9.2 All descriptions and information about the Products on the Website are provided “as is,” without any warranty.

9.3 Photos may differ slightly from the Product received.

9.4 If the Product is defective, please send us an email with a photo of the defect.

9.5 The Product must be returned in accordance with section 10.

9.6 Once we receive the goods, we will inspect them and inform you of our decision.

9.7 If we deem the Product to be defective, we undertake to:

(a) replace the Product with a new one and cover the delivery costs; or

(b) refund the purchase price together with the return costs.

9.8 Refunds will be made to the same account and payment method used for the purchase.

9.9 If the Product is not deemed defective, no refund will be made and we may charge additional service fees.

10) Returns and refunds

10.1 The return policy is part of these Terms and Conditions.

10.2 You have the right to return the Product within 30 days of receipt.

10.3 The customer bears the costs of the return.

10.4 A refund is only due after we have physically received the Product.

10.5 The Product must be intact, in its original packaging, with tags, and unused. Otherwise, we reserve the right to refuse the return.

10.6 The processing time for returns depends on the order.

10.7 Once the return is accepted, the funds will be refunded using the same payment method.

10.8 The return process is considered complete once we have physically received the Product.

10.9 If the Product is in transit, a return is not possible – you must wait for its delivery and then send it back. An early return is possible after 16 weeks at the earliest if the goods have not arrived.

11) Vouchers

11.1 You can use our promotional vouchers or discounts when paying.

11.2 The discount code must be entered at the checkout page.

11.3 The voucher used reduces the total amount of the order.

11.4 Only one voucher can be used per order.

11.5 Vouchers have no cash value and cannot be exchanged for cash.

11.6 If the value of the voucher is not sufficient, the difference must be paid using another payment method.

11.7 If an order with a voucher is returned, the voucher amount is not refundable (the refund only applies to the part paid for using another method).

12) Permitted use

12.1 You are not permitted to:

(a) use the Website in a manner that may damage it;

(b) use the Website for illegal or harmful activities;

(c) distribute viruses, Trojans, worms, etc.;

(d) conduct automatic data collection without our consent;

(e) use bots or robots to interact with the Website;

(f) violate the robots.txt rules;

(g) use data from the Website for marketing activities;

(h) contact individuals using data from the Website;

(i) use the Website for hacking or network attacks;

(j) decompile, copy, or reverse engineer the Website code;

(k) create competing services based on the Website;

(l) sell or share access to the Site with third parties;

(m) publish, edit, or modify content from the Site;

(n) place false, speculative, or fraudulent orders.

12.2 You are liable to us for any damages resulting from a breach of the above prohibitions.

12.3 You must inform us if you notice a violation of the Terms and Conditions.

12.4 All information provided to us must be true, lawful, and not infringe on the rights of others.

12.5 Upon request, you must provide documents confirming your identity.

12.6 You must comply with all applicable laws.

13) Links to the Website

13.1 Links to third-party websites are for informational purposes only.

13.2 We are not responsible for external content.

13.3 You may link to our home page provided that you do so in a lawful manner.

13.4 You may not suggest any partnership or authorization that does not exist.

13.5 You may not link to our Site from websites that you do not own.

13.6 You may not frame our Site or link to any pages other than the home page.

13.7 We reserve the right to withdraw linking permission.

14) Intellectual property rights

14.1 The code, structure, and organization of the Site are protected by copyright.

14.2 We are the owner or licensee of all intellectual property rights in the Site.

14.3 You may use the content solely for your personal and non-commercial use.

14.4 You agree to notify us of any infringement of our rights.

14.5 You may not use our trademarks without our consent.

15) Data protection

15.1 Our Privacy Policy forms part of these Terms and Conditions.

15.2 We use cookies – by accepting the Terms and Conditions, you accept their use.

15.3 Your personal data will be processed in accordance with applicable law and protected from unauthorized access.

15.4 The data may be accessible to our employees, consultants, and agents.

16) Viruses

16.1 We do not guarantee that the Website is free of viruses.

16.2 You are required to use your own antivirus software.

16.3 You may not knowingly introduce malicious software.

16.4 You must not attempt to gain unauthorized access to servers.

16.5 DoS and DDoS attacks are prohibited.

16.6 In the event of a breach, your right to use the Website will expire and we may report the breach to law enforcement authorities.

17) Liability

17.1 Subject to section 17.13, to the fullest extent permitted by law, we are not liable for:

(a) third party or user content;

(b) our content, including its accuracy or timeliness;

(c) Products, including their quality, conformity with description, or fitness for a particular purpose;

(d) reliance on information in the Terms and Conditions or on the Website;

(e) lack of access to the Website or any part thereof;

(f) delays or failure to perform our obligations due to reasons beyond our control (e.g., breakdowns, natural disasters, strikes, employee illness).

17.2 We are not liable for loss of profits, business opportunities, reputation, or any indirect damages.

17.3 Our liability is limited to the greater of $1,000 or five times the price of the Product to which the claim relates.

17.4 Claims must be reported within one year of the event.

17.5 You may not bring claims against our employees or agents—only against the company.

17.6 We exclude all implied warranties to the extent permitted by law.

17.7–17.12 (series of limitations and exclusions of liability to third parties and in the event of joint liability).

17.13 These limitations do not apply in the case of:

(a) death or personal injury caused by our negligence;

(b) fraud or gross negligence;

(c) situations where the law prohibits limitations of liability.

17.14 The provisions of this section exhaust the available legal remedies.

18) Indemnification

18.1 You agree to indemnify us against all claims, losses, and costs arising from:

(a) a material breach of the Terms by you;

(b) fraud, negligence, or gross negligence;

(c) your use of the Site.

18.2 We may claim reimbursement of all costs incurred in connection with such a claim.

19) Force Majeure

19.1 If a force majeure event lasts longer than one week, we may terminate the contract by refunding you the amount paid for the unfulfilled Products.

19.2 We have complete discretion in deciding how to deal with force majeure.

20) Changes to the Terms and Conditions

20.1 We may change the Terms and Conditions from time to time. We will notify you in advance of any significant changes.

20.2 If you do not agree to the changes, you must stop using the Site.

20.3 If you have previously accepted the Terms and Conditions, we will ask you to accept them again before your next purchase.

21) Your violations

21.1 In the event of a violation of the Terms and Conditions, we may, among other things:

(a) send you a warning;

(b) temporarily block your access to the Website;

(c) suspend your order;

(d) refuse to accept payment;

(e) permanently block your access to the Site;

(f) block your IP address;

(g) notify your internet service provider;

(h) take legal action.

21.2 You must not attempt to circumvent any blocks or bans.

22) Suspension and termination

22.1 You may stop using the Site at any time.

22.2 We may suspend the operation of the Site at any time, for any reason, with or without notice.

22.3 We may suspend or terminate your access if it threatens legal liability or interferes with the use of others.

22.4 We will give you advance notice where possible, but we may terminate your access immediately and without warning.

22.5 We do not guarantee the uninterrupted availability of the Site and are not responsible for any suspension or withdrawal.

23) Effects of termination

23.1 After termination, we have no obligation to provide customer service.

23.2 You are not entitled to compensation for loss of rights, reputation, or any other benefits.

23.3 Termination does not affect your acquired rights.

23.4 The provisions on liability (section 17) and compensation (section 18) remain in force after termination.

24) General provisions

24.1 You may not transfer your rights under the Terms and Conditions.

24.2 The rights and remedies provided for in the Terms and Conditions are cumulative.

24.3 We outsource the hosting of the Website to third parties.

24.4 If any provision is found to be invalid, the remaining provisions shall remain in force.

24.5 Failure to enforce a right does not constitute a waiver of that right.

24.6 The Terms and Conditions apply only between us and you – third parties have no rights to enforce them.

25) Applicable law

The Terms and Conditions and any agreements concluded through them are subject to the applicable law in the place of business of the seller.

26) Definitions and interpretations

26.1 “Order” – an order placed by you via the Website;

“Order Confirmation” – an email sent to you to confirm your order;

“Payment Intermediary” – a third party handling payments;

“Product” – a product offered on the Website;

‘Website’ – the Warszawa Moda website;

“Website Infrastructure” – the systems (including code) that enable the Website to function.

26.2 References to “points” refer to points in the Terms and Conditions.

26.3 Headings are for informational purposes only.

26.4 The singular includes the plural and vice versa, gender forms include all genders, and references to persons include natural and legal persons.