Terms of service

1. Agreement to Terms

By accessing or using the website at clairerose-newyork.com or placing an order with Claire & Rose New York ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and Claire & Rose New York. Please read them carefully before placing an order.

2. Description of Service

Claire & Rose New York is an online retailer of women's clothing and accessories. Through our website you can browse our collection, place orders, and have items shipped to you.

Our Service includes:

  • Online storefront: Product listings with descriptions, images, sizing information, and pricing.
  • Order processing: Secure checkout and order confirmation by email.
  • Shipping: Delivery of purchased items to the address you provide.
  • Customer support: Assistance with orders, sizing, returns, and exchanges.

3. Eligibility

To use our Service, you must:

  • Be at least 18 years of age, or use the Service with the involvement of a parent or legal guardian.
  • Have the legal capacity to enter into a binding contract.
  • Provide accurate, current, and complete information when placing an order.
  • Not be prohibited from using the Service under applicable law.

By placing an order, you confirm that you meet all of the above requirements.

4. Products, Descriptions and Availability

We work to describe and picture our products as accurately as possible. However, you acknowledge that:

  • Colours and finishes may appear differently depending on your screen, lighting, and device settings.
  • Fabric texture, drape, and small production variations are normal in apparel and are not defects.
  • Sizing may vary between styles. Please consult the size guide on each product page before ordering.
  • All items are subject to availability. Stock levels shown are indicative and are not a guarantee that an item is in stock at the moment you order.
  • We may change, discontinue, or limit the quantity of any product at any time without notice.

5. Orders and Order Acceptance

Your order is an offer to purchase. A confirmation email acknowledges that we received your order; it does not constitute acceptance. A contract is formed only when we dispatch the item(s) to you.

We reserve the right to refuse, limit, or cancel any order, including orders that appear to be placed by resellers, orders flagged by our fraud screening, orders with an incomplete or undeliverable address, or orders affected by a pricing or stock error. If we cancel an order after you have paid, we will refund you in full.

In the event of an obvious pricing error, we are not obliged to supply the product at the incorrect price. We will contact you to either confirm the order at the correct price or cancel it with a full refund.

6. Pricing and Payment

All payments are processed securely through our payment processor. By placing an order, you agree that:

  • Prices are as shown at the time of checkout and are subject to change.
  • Prices are listed in [CURRENCY] and [do / do not] include applicable sales tax or VAT.
  • Shipping costs are calculated and shown at checkout before you pay.
  • You are responsible for any import duties, customs charges, or taxes levied by the destination country. These are not included in our prices and are not refundable by us.
  • You authorise us to charge the payment method you provide for the full order amount.
  • Your order is processed after payment is confirmed.

We do not store your payment card details. All payment data is handled by our payment processor in compliance with PCI-DSS standards.

7. Shipping and Delivery

  • Orders are typically processed within [X] business days of payment confirmation.
  • Estimated delivery times are [X–X] business days for [REGION] and [X–X] business days for international orders. Delivery estimates are not guarantees.
  • We currently ship to [COUNTRIES / REGIONS].
  • You are responsible for providing a correct and complete shipping address. We are not liable for orders delivered to an incorrect address supplied by you; reshipment may require an additional charge.
  • Once a parcel is handed to the carrier, risk of loss passes to you, subject to any mandatory consumer protections in your jurisdiction.
  • Delays caused by carriers, customs clearance, weather, or other circumstances beyond our control are not grounds for a refund of the item price.

8. Returns and Exchanges

We want you to be happy with your purchase. You may return eligible items under the following conditions.

Return window

  • You must request a return within [14 / 30] days of delivery by emailing info@clairerose-newyork.com with your order number.
  • Returned items must be received by us within [X] days of the return being approved.

Condition of returned items

  • Items must be unworn, unwashed, and undamaged, with all original tags attached and in their original packaging.
  • Items showing signs of wear, alteration, washing, perfume, deodorant, makeup, or pet hair will not be accepted.
  • Footwear must be returned in its original box, unmarked, and tried on only on a clean indoor surface.

Items that cannot be returned

  • Items marked "final sale" or "clearance."
  • Underwear, swimwear, and other intimate items, for hygiene reasons.
  • Pierced jewellery and earrings.
  • Gift cards.
  • Items damaged through wear or improper care.

Return shipping

  • Return shipping is paid by [the customer / us], unless the item is faulty, damaged on arrival, or incorrect.
  • We recommend using a tracked service. We are not responsible for returns lost in transit.

Exchanges

  • Exchanges are subject to availability. If your preferred size or colour is unavailable, we will process a refund instead.

9. Refunds

Approved refunds are issued to the original payment method within [X] business days of us receiving and inspecting the returned item. Original shipping charges are [refundable / non-refundable], except where the item was faulty, damaged on arrival, or incorrect.

Faulty, damaged, or incorrect items

If your item arrives damaged, faulty, or is not what you ordered, contact us at info@clairerose-newyork.com within [X] days of delivery with photos and your order number. We will arrange a replacement, an exchange, or a full refund including shipping, at no cost to you.

Duplicate charges

If you were charged more than once for the same order, contact us and we will refund the duplicate charge.

Nothing in this section limits any statutory rights you have as a consumer under the mandatory law of your country of residence.

10. Acceptable Use

You agree to use our Service only for lawful purposes. You may not:

  • Submit false or misleading information about yourself or others.
  • Post content that is defamatory, threatening, obscene, discriminatory, or that infringes the rights of others.
  • Attempt to interfere with the proper functioning of our website or its security.
  • Use automated tools, bots, or scrapers to access our Service, product data, or pricing.
  • Purchase our products for unauthorised resale or commercial redistribution.
  • Impersonate any person or misrepresent your affiliation with us.

We reserve the right to refuse any order or restrict access to the Service where we determine, in our sole discretion, that these Terms have been violated.

11. Reviews and User Submissions

If you submit a review, photo, comment, or other content to us or tag us on social media ("Your Content"), you:

  • Retain ownership of Your Content.
  • Grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, adapt, and display Your Content for marketing and promotional purposes, including on our website, in email, and on social media, with credit where practical.
  • Confirm that Your Content is your own, that you have the right to grant this licence, and that it does not infringe the rights of any third party.
  • Confirm you have the consent of any identifiable person shown in Your Content.

We may remove or decline to publish any submission at our discretion. If you would like content you submitted removed from our marketing, email us at info@clairerose-newyork.com.

12. Intellectual Property

All content on our website — including the Claire & Rose New York name and logo, product photography, graphics, text, layout, and design — is owned by or licensed to Claire & Rose New York and is protected by copyright and trademark law.

You may not copy, reproduce, republish, distribute, or use our content or branding for commercial purposes without our prior written consent. Purchasing a product grants you ownership of that physical item only; it does not transfer any intellectual property rights.

13. Third-Party Links and Services

Our website may link to or integrate third-party services, including payment processors, shipping carriers, and social media platforms. We are not responsible for the content, policies, or practices of third parties. Your use of those services is governed by their own terms.

14. Service Availability

We do our best to maintain consistent availability of our website and order processing. However, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control. We are not liable for any loss resulting from Service unavailability.

15. Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, THE SERVICE AND OUR WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the website will be error-free or that product images will render identically on every device. This section does not exclude any warranty or right that cannot be excluded under applicable consumer law.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLAIRE & ROSE NEW YORK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR YOUR ORDER.

Our total liability to you for any claim arising from or related to the Service shall not exceed the amount you paid for the order giving rise to the claim.

17. Indemnification

You agree to indemnify and hold harmless Claire & Rose New York from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submitted to us.

18. Dispute Resolution

Informal resolution

Before taking any formal action, please contact us at info@clairerose-newyork.com so we can try to resolve the issue directly. We will make every effort to respond within 30 days.

Binding arbitration (US customers)

If we cannot resolve a dispute informally, you and Claire & Rose New York agree to resolve any disputes through binding individual arbitration rather than in court, except for claims eligible for small claims court. Arbitration will be conducted in accordance with the American Arbitration Association (AAA) Consumer Arbitration Rules.

Class action waiver (US customers)

YOU AGREE TO RESOLVE ANY DISPUTES ON AN INDIVIDUAL BASIS ONLY AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

These provisions apply only where enforceable. Consumers resident outside the United States retain any mandatory rights to bring claims in the courts of their country of residence.

19. Governing Law

These Terms are governed by the laws of the State of [STATE], United States, without regard to its conflict of law provisions. Any disputes not subject to arbitration shall be resolved in the appropriate courts of that jurisdiction. This does not deprive consumers of the protection of mandatory consumer law in their country of residence.

20. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.

21. Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, and Refund & Returns Policy, constitute the entire agreement between you and Claire & Rose New York regarding the Service.

23. Contact Us

If you have any questions about these Terms, please reach out:

Claire & Rose New York

Email: info@clairerose-newyork.com

Website: clairerose-newyork.com