WEBSITE TERMS OF USE

Claire’s Accessories UK Limited is a company registered in England and Wales under company number 3115118, with its registered office at Unit 4 Bromford Gate, Bromford Lane, Birmingham, B24 8DL and with VAT number GB927124727 (the "Claire’s UK"). The Company operates the website: https://www.claires.com (the "Website"). However, if you are resident in France, Ireland, Switzerland, Belgium, Spain, Germany or Italy, then the Website is made available to you by the relevant Claire’s entity set out in the appendix to these terms of use (these “Terms”). Claire’s UK, or the relevant Claire’s entity set out in the appendix to these Terms, is the “Company”.

 

1. Understanding these terms of use
   • These Terms describe how you may access and use the Website.
   • When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
   • In these Terms, when we refer to "we", "us" or "our", we mean the Company; and when we refer to "you" or "your" we mean you, the person accessing or using the Website.
   • Please note, however, that certain functions made available on the Website are governed by additional terms and conditions, such as purchases on the Website, which are governed by our Terms of Sale (available here).
   • In addition to clause 4 above, please note that the Website uses cookies, the use of which are governed by our Privacy policy and we only use your personal information in accordance with our Privacy Policy (available here).

 

2. The Website
   • The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website . We may update the Website and/or change the content on it at any time.
   • If you are a Registered User (as defined below), you are responsible for making all arrangements necessary for you to have access to the Website and you are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
   • The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.

 

3. Your account and password
   • You will need to register an account with us on the Website in order to access certain services available on the Website ("Account"). In order to register for an Account, you must be at least 16 years of age (unless we specify otherwise in the Account registration process for the country in which you are resident). Once you register an Account, you will be a “Registered User”.
   • If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat the password as confidential and you must not disclose it to any third party.
   • We have the right to suspend any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. Any such suspension will be lifted in case the reason for the suspension has been removed.
   • If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at [email protected].
   • You are responsible for any unauthorised use of your Account login details, unless this is not caused by your negligence.

 

 

4. Acceptable use

General

• You agree not to (and must not allow anyone to):
  • use the Website for any commercial or political purpose;
  • engage in any activities through or in connection with the Website that: (i) harm, or attempt to harm, any individuals or entities; (ii) are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, scandalous, inflammatory, pornographic, profane or abusive; (iii) violate any right of any other party; or (iv) could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
  • except as permitted by applicable law, decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or algorithms of the Website by any means whatsoever or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of the Website;
  • engage in any activity that interferes with a user's access to the Website or the proper operation of the Website, or otherwise causes harm to the Website, us, or other users of the Website;
  • interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Website or any content on the Website;
  • harvest, scrape, or otherwise collect or store any information, including personal information, from the Website;
  • attempt to gain unauthorised access to the Website or other computer systems or networks connected to the Website; attempt to probe, scan, or test the vulnerability of a system or network; or attempt to breach security or authentication measures without proper authorization;
  • use the Website to transmit information that is in any way false, fraudulent, or misleading;
  • monitor, gather, copy, or distribute any content on the Website (except as may be a result of standard search engine activity or use of a standard browser) by using any robot, rover, bot, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
  • remove any copyright, trademark, or other intellectual property or proprietary notices or legends contained in content on the Website;
  • copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any other party or website, or otherwise use or exploit the content on the Website in any way for any purpose except as specifically permitted by these Terms or with our prior written consent;
  • insert any code or product to manipulate the content on the Website in any way that adversely affects us or attempt to interfere with service to any user, host, or network; and
  • otherwise violate these Terms.

Viruses

• We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
• You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 or any other applicable national law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

 

5. Intellectual property
   • Save for User Generated Content (as defined in clause 5 below), we are the owner or licensee of all intellectual property rights in the Website and its content, the Claire’s name and mark and Claire’s product names and images. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
   • You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms.
   • No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
   • Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy products from us). Subject to compliance with applicable data protection laws, we are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.

User Generated Content

• You will retain ownership of any content, whether it be pictures, text, sound recordings or whatever, created by you which is posted on the Website ("User Generated Content"), subject to any pre-existing rights that third parties may have in its content. If your User Generated Content contains material and/or content owned or generated by a third party, you should ensure that you have permission from that third party to use such material before it is posted on the Website.
• You grant us a non-exclusive, irrevocable, royalty-free, sub-licensable, fully paid up, perpetual, worldwide licence to use, copy, modify, adapt, amend, prepare derivative works of, publish, transmit and distribute the User Generated Content in any format and through any media for any purposes including (without limitation): (i) advertising, marketing and promotion, including in relation to the Website and the Company; (ii) providing the services available through the Website; and (iii) allowing other users of the Website and other third parties to view and access your User Generated Content (it being agreed that such rights shall last for 99 years in territories where a perpetual licence may not be granted).

 

6. Our liability

 

If you are not resident in Germany

• Nothing in these Terms excludes or limits our liability for:
  • death or personal injury caused by our negligence or (if you are resident in the Republic of Ireland) by an act or omission by us;
  • fraud or fraudulent misrepresentation; and
  • any matter in respect of which it would be unlawful for us to exclude or restrict our liability (including, if you are resident in Italy or Spain, wilful misconduct).
• We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
• If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable, unless our failure to comply with these Terms is due to our wilful misconduct. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.
• Nothing in these Terms affects your statutory rights. In the UK, advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
• You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• To the extent permitted by law, our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to (if you are resident in the UK) £100 and (if you are resident in an EU member state) €100.

 

If you are a German resident

• Nothing in these Terms excludes or limits our liability for:
  • damages caused by wilful misconduct or gross negligence;
  • any kind of wilfully or negligently caused personal injuries;
  • assuming a specific guarantee; and
  • any mandatory statutory liability (in particular liability under the German Product Liability Act).
• Subject to the provisions in clause 6.7, our statutory liability for damages shall be limited as follows:
  • We shall be liable only up to the amount of damages as typically foreseeable at the time of validity of these Terms between you and us, in respect of damages caused by a slightly negligent breach of a material contractual obligation (i.e. a duty the fulfilment of which is essential for the proper execution of these Terms, the breach of which endangers the purpose of these Terms and on the fulfilment of which you regularly rely); and
  • We shall not be liable for damages caused by a slightly negligent breach of a non-material obligation.
• To the extent our liability is limited or excluded, the same shall apply in respect of any personal liability of our legal representative, employees and vicarious agents.

 

7. Suspension and termination
   • If you breach clause 4, we may immediately do any or all of the following (without limitation):
     • issue a warning to you;
     • temporarily or permanently remove any User Generated Content uploaded by you to the Website;
     • temporarily or permanently withdraw your right to use the Website, provided that we have notified you of such breach and (if remediable) you have failed to remedy such breach within 10 days of being notified;
     • suspend or terminate your Account;
     • issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
     • take further legal action against you; and/or
     • disclose such information to law enforcement authorities as we reasonably feel is necessary to do so, in accordance with our privacy policy.
   • You may withdraw from these Terms at any time by cancelling your Account.

 

8. Changes to these Terms
   • We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Website.

 

If you are not resident in Germany

• If you are a Registered User, we will provide you with at least thirty (30) days' advance notice of any such changes, unless the change is due to a change in law or for security reasons (in which case we may need to change these Terms on shorter notice). If you do not wish to continue using the Website following the changes to the Terms and Conditions, you can cancel your agreement to these Terms and Conditions by cancelling your Account.

 

If you are a German resident

• If you are a Registered User, we will notify you of proposed changes to these Terms with at least thirty (30) days' advance notice before their proposed effective date. Unless the change would reshape the contractual structure as a whole or otherwise affect the overall contractual balance to your disadvantage, your consent to the change shall be deemed to have been given if you have not notified us of your objection before the proposed effective date of the change. We will specifically draw your attention to this effect in our notification of the proposed change. If changes to these Terms are offered to you, you may also terminate your Account without notice and free of charge before the proposed effective date of the changes. We will specifically point out this right of termination to you in our offer.

 

9. Other important information
   • Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
   • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
   • If you are a consumer who is resident in the European Union and you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are neither obliged nor willing to participate in online dispute resolution.

 

10. Governing law and jurisdiction
    • These Terms are governed by the laws of England and Wales. This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.
    • If you are a consumer who is resident in the UK or the European Union and we direct this Website (and/or pursue our commercial or professional activities in relation to the Website) to the UK or the EU Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 1, affects your rights as a consumer to rely on such mandatory provisions of local law.
    • You can bring proceedings in respect of these Terms in the English courts. If you are a consumer who is resident or domiciled in the UK or the European Union, you may bring any dispute which may arise under these Terms to - at your discretion - either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are - with the exclusion of any other court - competent to settle any such dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is within the UK or is an EU Member State, or otherwise the competent court of England, which in case of conflict shall prevail over the laws of England and Wales..

 

11. Contacting us

Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us at [email protected]. If you are resident in the UK then you can also use the contact details below, and if you are resident in one of France, Ireland, Switzerland, Belgium, Spain, Germany or Italy then you may also use the contact details set out in the appendix.

Address:                                    Unit 4 Bromford Gate, Bromford Lane, Birmingham, B24 8DL

Telephone number:               +44(0) 345 603 6088

 

Thank you.

Terms last updated 15/9/2021

 

 

Appendix

Claire’s entities

 

If you are resident in the following countries then the Website is made available by the following Claire’s entity:

 

Country	Claire’s entity
France	Claire's France SAS with company number 342837416 RCS Paris and registered office at 10 Avenue Kléber, 75116 Paris, France with VAT number FR 17342837416.   Telephone number: 01 84 88 03 45
Ireland	Claire's Accessories UK Ltd with company number 03115188 and with the registered office of its Irish branch at The Outlet Centre Fair Hill, Unit 28, Killarney, Co Kerry, ROI with VAT number IE 9951313G (branch registration no. 904461).   Telephone number: +44 (0) 345 603 6088
Switzerland	Claire's Switzerland GmbH with company number CHE-101.209.112 and registered office at OBT AG, Hardturmstrasse 120, 8005 Zürich, Switzerland with VAT number CHE-101.209.112 MWST.   Telephone number: +44 (0) 345 603 6088
Belgium	Claire's Belgium BV with company number 0874.993.547 and registered office at Boulevard Bischoffsheim 11, 1000 Brussel, Belgium with VAT number BE 0874.993.547.   Telephone number: +44 (0) 345 603 6088
Spain	Claire's Accessories Spain S.L.U. with company number B83727289 and registered office at Paseo de la Castellana 137, 4º planta, 28046 Madrid, Spain with VAT number ES B83727289.   Telephone number: +44 (0) 345 603 6088
Germany	Claire's Germany GmbH with company number HRB 82236 Amtsgericht Köln and registered office at Baker Tilly Steuerberatungsgesellschaft mbH & Co. KG, Nymphenburger Str. 3b, 80335 München, Germany with VAT number DE166087378.   Telephone number: +44 (0) 345 603 6088
Italy	Claire's Italy S.R.L. with company number 1389856 and registered office at Viale delle Milizie, 14, 00192 Rome with VAT number 07931190966.   Telephone number: +44 (0) 345 603 6088