By using this website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use this website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.
By purchasing any product from this website, you enter into a contract with us on these terms.
These Terms and any Contract between us are only in the English language.
- OUR DETAILS
For sale of CleverFashion and CleverFashion HOME items through this website, your contract is with CleverFashion Limited. CleverFashion Limited operates this website under the CleverFashion and CleverFashion Home names. You may contact our customer service department by taking part in a live webchat via our website.
- YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of such information and details and you confirm that all information and details provided are true, accurate and up to date.
YOUR RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT
The California Consumer Privacy Act (CCPA) provides you with rights regarding how your data or personal information is treated. Under the legislation, California residents can choose to opt out of the “sale” of their personal information to third parties. Based on the CCPA definition, “sale” refers to data collection for the purpose of creating advertising and other communications. Learn more about CCPA and your privacy rights.
How to opt-out
- USE OF OUR WEBSITE
You agree that, by placing your order, you unreservedly accept these Terms, having read and understood them. These Terms are important for both you and us as they have been designed to protect your rights as a valued customer and to protect our rights as a business and to create a legally binding agreement between us.
By using this website and/or by placing any order through it, you agree that:
- You may only use the website to make legitimate enquiries or orders.
- You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities.
iii. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies).
If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
- SERVICE AVAILABILITY
Items offered over this website are available for international delivery save in exceptional circumstances.
- HOW THE CONTRACT IS FORMED
The information set out in the Terms and the details contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any items shall exist between us and you until your order has been accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
To place an order, you will be required to follow the online shopping process online and click on the "Authorise payment" button to submit the order. After this you will receive an e-mail from us confirming receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more items from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the item is being sent (the "Shipment Confirmation"). The contract for the purchase of an item between us (the "Contract") will only be formed when we send you the Shipment Confirmation.
The Contract will relate only to those items whose dispatch we have confirmed in the Shipment Confirmation. We will not be obliged to supply any other items which may have been part of your order until the dispatch of those items has been confirmed in a separate Shipment Confirmation.
- AVAILABILITY OF ITEMS
All orders for items are subject to availability and in this regard, in the event of supply difficulties or because items are no longer in stock, we reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order the substitute items we will reimburse any monies that you may have paid.
- REFUSAL OF ORDER
We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavors to authorize payments submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time.
We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
Subject to availability, (see Clause 7 above), and unless there are any exceptional circumstances, we will endeavor to fulfill your order for item(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation. If no estimated delivery date is specified, then this will be in the estimated time frame indicated when selecting the delivery method, and will in any case be within 30 days of the date of the Order Confirmation.
In respect of the virtual gift card, we will deliver it on the date indicated by you when you placed your order for it.
There may be delays for reasons such as customisation of items, unforeseen circumstances or the delivery zone. Please note however that, other than the delivery of virtual gift cards, we do not deliver on Saturdays or Sundays.
If for any reason we cannot meet the delivery date you will be kept informed of the expected delivery.
For the purpose of these Terms "delivery" or "delivered" shall be deemed to have occurred upon you or a third party nominated by you acquiring physical possession of the items, which will be evidenced by signing for the receipt of the items at the agreed delivery address. The virtual gift card will be deemed to be delivered in accordance with the Terms and Conditions of the Gift Card, and in all cases on the delivery date of the virtual card to the e-mail address indicated by you.
- UNABLE TO DELIVER
If we are unable to deliver your order, we will try to find a safe and secure place to leave your parcel. If we cannot find a safe and secure place, your item(s) will be returned to our depot. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not at the delivery location at the time agreed, please contact us again to rearrange delivery for another mutually convenient day.
If after 15 days from the date that your order is available for delivery, the order cannot be delivered for reasons which are not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you, including any delivery charge (except for any additional costs resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate within 14 days of the date on which this Contract has been terminated.
- PRE-ORDER ITEMS
We may make it possible to order items through our website before we have them in stock ("Pre-Order Items"). When you order Pre-Order Items: (a) They will typically be delivered within thirty (30) days of the date of your Order Confirmation; any longer delivery times will be shown on the website at the time you place your order; (b) We will email you a Shipping Confirmation when we have sent the Pre-Order Items out to you; (c) They may be delivered in separate packages, and at different times, from any other items which you order; and (d) You may cancel your order in the same way as any other order, see Clause 17 below for full details.
- RISK AND TITLE
The Items will be at your risk from the time of delivery. Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges, or upon delivery (as defined in clause 9), whichever is the later.
- PRICE AND PAYMENT
The price of any items will be as quoted on our website from time to time, except in cases of obvious error. While we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it. If we are unable to contact you, the order will be treated as canceled and any amounts paid by you will be fully refunded.
We are under no obligation to provide the item(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an incorrect price.
The prices on the website include delivery costs, which will be added to the total amount due as set out in our Shopping Guide.
Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation. Therefore, except as provided above, price adjustments on previous orders are not permitted.
Once you have finished shopping, all the items you wish to purchase are added to your basket, and your next step will be to process the order and make payment. To do this you must follow the steps of the order process including filling out and verifying the information requested in each step. The order process allows you to check and amend any errors before submitting your order to us. There is a detailed description of the order process in the Shopping Guide. If you are a registered user, a record of all the orders placed by you is available in the “My Account” area.
Payment can be made by Visa, Mastercard, American Express, Paypal, and Apple Pay. To minimize the possibility of unauthorized access, your credit card details will be encrypted. You can also pay all or part of the price of your purchase with a gift card or a voucher card for CleverFashion issued by CleverFashion Limited, or with a CleverFashion Home,,,,, or gift card or voucher card.
To minimize the possibility of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will request a pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. No charge will be made to your credit card until your order has been dispatched for delivery. However, if your form of payment is Paypal, a gift card, or a voucher card, the charge will be made the moment we confirm the order.
By clicking "Authorize payment” you are confirming that the credit card is yours or you are the rightful holder of the Gift card or the voucher.
Credit cards are subject to validation checks and authorisation by your card issuer but if your card issuer fails to authorize payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you.
Please note that CleverFashion, will collect and make refunds on behalf of CleverFashion Limited in relation to all payments made through this online platform.
- BUYING ITEMS AS A GUEST
The functionality of buying items as a guest is also available on the website. For this type of purchase, we will only request from you the essential data that is required to process your order. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a non-registered user.
- VALUE ADDED TAX
All purchases made through the web site are subject to the statutory Value Added Tax (VAT) if shopping from applicable European countries. In this instance, the prices displayed on this website will include VAT.
- RETURNS AND EXCHANGES POLICY
You may cancel your order for any reason up to 30 days from the date on which you receive the Shipment Confirmation, by notifying us of your decision to cancel using our Contact Form. To meet the cancellation deadline, it is sufficient for you to have sent your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you have been charged for any items, we will process a refund, which may or may not include the cost of you returning the item to CleverFashion.co.
Return of gift cards is governed by the Terms and Conditions of the Gift Card.
You do not have the right to cancel the Contract when it is for the delivery of any of the following three categories of "Excluded items":
- Items that have been made to your specifications or clearly personalized.
- Sealed audio recordings, sealed video recordings or sealed computer software, once they are unsealed/unwrapped after you have received them
- Sealed items that are not suitable for return for health protection and hygiene reasons (eg underwear, swimwear, earrings, hosiery, socks and fragrances), and that have been unsealed after delivery, or if the hygiene label is no longer in place.
When you receive the items, you may handle them to establish their nature, characteristics and functioning. Acceptable handling of the items is that which would reasonably be allowed in a shop. Items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and any labels or tags must be intact. If your handling goes beyond what is acceptable and the items are damaged or diminished in value, we may deduct from the amount we reimburse you, or you may be liable to us for an amount equal to the diminished value of the items.
Please return the items using or including all their original packaging, instructions, and other documents, if any, accompanying the items.
You, the customer, on a case by case basis, may or may not be entirely and solely responsible for the return process in choosing a courier and the incurring cost of that courier. Please contact us for the return address.
You should send the item in the same package received, by following the directions on the “RETURNS” section of this website. After examining the items, we will inform you of whether you have the right to reimbursement of the amounts paid.
The refund, less the fixed return costs if applicable (please see above), will be paid as soon as possible and, in all cases, within 14 days from the date on which you notified us of your intention to cancel. Notwithstanding this, we may withhold the reimbursement until we have received the items back, or until you have supplied sufficient evidence of having sent back the items, whichever is the earlier.
The refund will always be paid using the same payment method you used to pay for your purchase, except when a gift receipt is presented with the returned items. In this last instance, the refund will be made via a credit receipt or voucher. You are responsible for the cost and risk of returning the items to us, as indicated above.
Exchanges – for a change of size If you decide that a CleverFashion item that you have purchased is in the wrong size for you, then you may be able to request a change in its size, without having to pay an additional delivery charge for the new item being sent to you, provided that you return the original item. This option is irrespective of your right of withdrawal, which will continue to exist legally and contractually.
You should select the new size of your item, and provided that:
(1) it is the same item;
(2) its price on this website is equal to, or greater than, the price that you paid for the original item (but please note, in these circumstances only, you will not be charged for the price);
(3) the means of payment that you originally used is one of those specified as such in Clause 13 of these Terms;
(4) you do not have any other open exchange requests; and
(5) you are not requesting more than 5 items to be exchanged; then you will be able to request the change in size.
Please note that the option for you to change the size of your original item will only be displayed as being available to you when all five of these conditions are met. This option is not available for CleverFashion HOME items sold via this website.
Once you have requested the exchange, and selected the appropriate returns method, you must return the original item to CleverFashion. You must return the item without any undue delay, and in any event within a maximum period of 14 calendar days from making the exchange request via this website. You may be required to pay additional costs for the delivery of the exchange. Please note that if after 14 calendar days from the date of the exchange request made via this website, you have not returned the original item, we are entitled to charge you the costs corresponding to the new order placed, subject to the provisions of these Terms.
Returns of defective items
If the item that you have received is defective, please notify us by using the contact form via our website, and return the item in accordance with Returns Methods a) or b) above. Please provide proof of purchase, for example a copy of the E-ticket attached to the Shipment Confirmation. We will examine the item and if we deem it to be defective, we will provide a full refund excluding delivery charges and the refund will be paid using the same means of payment that you originally used to pay for your purchase. These provisions do not limit any applicable statutory rights.
RIGHT OF WITHDRAWAL
You have the right to withdraw from your order within 14 days, without giving any reason, although please note you have no right to withdraw items that are classed as 'Excluded Items' as mentioned above. The withdrawal period is counted from the day of the delivery of the last item(s) in your order. The easiest way to exercise your right of withdrawal is to contact us by using the contact form via our website, and returning the goods to us using the returns methods described above.
However, to meet the withdrawal deadline, it is sufficient for you to let us know about your decision to withdraw from your order before the withdrawal period has expired. We are under no obligation to repay shipping costs to destinations.
Effects of withdrawal
Except for return deliveries which will be decided on a case by case basis, we will refund all payments received from you without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw. We will use the same means of payment that you used to pay for your order.
We may withhold the refund until we have received the items back, or you have supplied evidence of having sent back the items, whichever is the earlier.
You must send back the items or hand them over to us without undue delay, and in any event no later than 14 days from the day on which we are informed about your decision to withdraw. Please use the returns methods described above. You will need to bear the cost of returning the items to us.
You are only liable for any diminished value of the items resulting from their handling, other than that which is necessary to establish the nature, characteristics and functioning of the items.
- LIABILITY AND DISCLAIMERS
Our liability in connection with any item purchased through this website is strictly limited to the purchase price of that item.
Nothing in these Terms shall exclude or limit in any way our liability:
- For death or personal injury caused by our negligence;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We are not liable for business losses. We only supply the items for domestic and private use. If you use the items for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
We have a legal duty to supply items to you that are in conformity with the Contract, however, without affecting that duty and to the fullest extent permitted by law, all item descriptions, information and materials posted on this website are provided "as is'' and without warranties express, implied or otherwise howsoever arising. Where you are contracting as a consumer, in line with our obligations at law, we will be responsible for delivering goods to you that: (i) comply with the description given by us and possess the qualities that we have presented in this website, (ii) are fit for the purposes for which goods of their kind are normally used and (iii) show the quality and performance which are normal in goods of the same type and can which can reasonably be expected.
We warrant to you that any item purchased from us through this website is of satisfactory quality and reasonably fit for all of the purposes for which items of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the items available on this website. Items (including handicraft items) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed item. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only items of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the item. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
- VIRUSES, HACKING AND OTHER CYBERCRIMES
You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or database related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack.
By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will cooperate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately. We will use reasonable care and skill to ensure that this website is safe, secure and free from bugs, viruses and other defects. Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects
- LINKS FROM OUR WEBSITE
We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us should be given electronically via our contact form. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Both you and us acknowledge that, in entering into a Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms.
Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.
- OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time. You will be subject to the policies, Terms in force at the time that you order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
- LAW AND JURISDICTION
The use of our website and the Contracts for the purchase of items through such website will be governed by Irish law. Any dispute arising from, or related to the use of the website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Irish courts. If you are contracting as a consumer, nothing in this clause will affect your statutory rights as such.
We welcome your feedback. Please send all feedback and comments to us via our contact form on our website.
If you as a buyer consider your rights have been breached, you can address your complaints to us via the contact form on our website.
In this regard, if the purchase from us was concluded online through our website, we, in line with EU Regulation No. 524/2013, you may be entitled to seek to settle the consumer dispute with us out-of 15 court, through the EU platform for the online dispute resolution which is available at http://ec.europa.eu/consumers/odr/. Last updated on 23 August 2022 16 APPENDIX:
(Complete and return this form electronically via our contact form only if you wish to cancel the contract.)
To: CleverFashion Limited:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods:
Ordered on/received on
Name of customer(s),
Address of customer(s),
Signature of customer(s) [only required if this form is notified on paper],
Date: [ ]