Terms of Service
This website is operated by Clara’s Clearwater Beach. Throughout the site, the terms “we,” “us,” and “our” refer to Clara’s Clearwater Beach.
Clara’s Clearwater Beach offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our Service and agree to be bound by the following Terms of Service, including any additional terms, conditions, and policies referenced herein or available by hyperlink.
These Terms of Service apply to all users of the website, including but not limited to browsers, customers, merchants, vendors, and content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
Any new features or tools added to the current store will also be subject to these 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 any part of these Terms of Service by posting updates and changes to our website.
Section 1: Online Store Terms
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, or that you are the age of majority and have given us consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose. You may not, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of these Terms may result in immediate termination of your access to our Services.
Section 2: General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, excluding credit card information, may be transferred unencrypted and may involve:
- Transmissions over various networks
- Changes to conform and adapt to technical requirements of connecting networks or devices
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3: Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this website is not accurate, complete, or current.
The material on this website is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete, or current sources of information.
Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is not current and is provided for reference only.
We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website.
You agree that it is your responsibility to monitor changes to our website.
Section 4: Changes to Services and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 5: Conclusion of Contract
The presentation of products in our online store does not constitute a legally binding offer, but a non-binding online catalogue.
By clicking the Buy, Pay Now, or Complete Order button, you submit an offer to purchase the selected products.
After placing your order, you may receive an automated confirmation email acknowledging receipt of your order. This email does not necessarily constitute acceptance of your order.
We reserve the right to accept or refuse your order at our discretion.
Section 6: Warranty
Statutory warranty rights apply where required by applicable law.
If you receive a defective or incorrect item, please contact us as soon as possible at:
info@clarasclearwaterboutique.com
Please include your order number, a description of the issue, and photos if applicable.
Section 7: Products or Services
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products. However, we cannot guarantee that your computer or device screen will display colours accurately.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or Services that we offer.
All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product at any time.
Any offer for any product or Service made on this website is void where prohibited.
We do not guarantee that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Some of our products may be shipped directly from our fulfilment partners. Any applicable customs duties, import duties, taxes, or additional charges are the responsibility of the customer, unless otherwise stated at checkout.
Section 8: Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us.
We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under:
- The same customer account
- The same credit card
- The same billing address
- The same shipping address
If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address, or phone number provided at the time the order was placed.
We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store.
You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.
For more details, please review our Return Policy.
Section 9: Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without endorsement.
We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion.
You should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider.
Section 10: Third-Party Links
Certain content, products, and services available through our Service may include materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant or assume any liability for third-party materials, websites, products, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites.
Please carefully review the policies and practices of any third party before engaging in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 11: Comments, Feedback, and Other Submissions
If you send us certain submissions, including contest entries, creative ideas, suggestions, proposals, plans, reviews, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use those submissions in any medium.
We are and shall be under no obligation to:
- Maintain any comments in confidence
- Pay compensation for any comments
- Respond to any comments
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
You further agree that your comments will not contain unlawful, abusive, or obscene material, or any computer virus or malware that could affect the operation of the Service or any related website.
You may not use a false email address, pretend to be someone else, or mislead us or third parties regarding the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for comments posted by you or any third party.
Section 12: Customs, Import Duties, and Additional Charges
Any special customs clearance charges, import duties, taxes, or additional fees are not included in the product price unless clearly stated at checkout.
These costs are the responsibility of the customer.
We recommend checking your local customs rules before placing an order if you are unsure whether additional fees may apply.
Section 13: Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Please review our Privacy Policy for more information about how we collect, use, and protect your personal information.
Section 14: Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions.
These may relate to:
- Product descriptions
- Pricing
- Promotions
- Offers
- Product shipping charges
- Transit times
- Product availability
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law.
No specified update or refresh date should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 15: Prohibited Uses
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the website or its content:
- For any unlawful purpose
- To solicit others to perform or participate in unlawful acts
- To violate any international, federal, provincial, state, or local laws or regulations
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
- To submit false or misleading information
- To upload or transmit viruses or any other malicious code
- To collect or track the personal information of others
- To spam, phish, pharm, pretext, spider, crawl, or scrape
- For any obscene or immoral purpose
- To interfere with or circumvent the security features of the Service or any related website
We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
Section 16: Disclaimer of Warranties and Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time without notice.
You expressly agree that your use of the Service, or inability to use the Service, is at your sole risk.
The Service and all products and services delivered to you through the Service are provided “as is” and “as available” for your use, unless otherwise expressly stated by us.
To the fullest extent permitted by applicable law, Clara’s Clearwater Beach shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those jurisdictions shall be limited to the maximum extent permitted by law.
Section 17: Indemnification
You agree to indemnify, defend, and hold harmless Clara’s Clearwater Beach, including its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, and representatives, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:
- Your breach of these Terms of Service
- Your violation of any law
- Your violation of the rights of a third party
- Your misuse of the Service
Section 18: Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms of Service.
Such determination shall not affect the validity and enforceability of any remaining provisions.
Section 19: Termination
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service remain effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website.
If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice.
You will remain liable for all amounts due up to and including the date of termination.
We may also deny you access to our Services, or any part thereof.
Section 20: Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitute the entire agreement and understanding between you and us.
They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 21: Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable laws.
For customers located in the United States, these Terms may be governed by the applicable laws of the state of Florida, unless another jurisdiction is required by law.
For customers located outside the United States, certain mandatory consumer protection laws in your country or region may also apply.
Section 22: Changes to the 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, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website.
It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 23: Contact Information
Questions about these Terms of Service should be sent to us at:
Clara’s Clearwater Beach
Clearwater Beach, Florida
Email: info@clarasclearwaterbeach.com