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Claire’s: Online Terms of Sale

Last Updated: 9/21/2021

 

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS REQUIRE THAT YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

 

TABLE OF CONTENTS

  1. Introduction
  2. Order Acceptance and Billing
  3. Pricing and Sales Tax
  4. Payment Methods
  5. Gift Cards
  6. Discount Codes
  7. Shipping
  8. Cancellations
  9. Returns
  10. Promotions
  11. Dispute Resolution
  12. Disclaimers and Warranties
  13. Governing Law and Jurisdiction
  14. Contact

 

1. Introduction

 

These Terms of Sale are Additional Terms subject to our Terms of Use and set forth a legally binding agreement between you and Claire’s Stores, Inc. (“Claire’s”, “we”, “us”) and govern online transactions for products or preorders (collectively, “Orders”) initiated or completed on claires.com (the “Site”). By using the Site and placing Orders, you acknowledge and accept these Terms of Sale. These Terms of Sale are subject to change without prior written notice at any time, in our sole discretion. The latest version of these Terms of Sale will be posted on the Site, and you should review these before placing any Orders through the Site. Your continued use of the Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. When such a change is made, we will update the “Last Updated” date at the top of this page.

 

These Terms of Sale are an integral part of the Terms of Use that apply to the use of the Site generally, and may be modified by any applicable Additional Terms. You should also carefully review our Privacy Policy before placing an Order through the Site. When you place an Order on the Site it is an offer to enter into these Terms of Sale with respect to that Order.

 

These Terms of Sale do not apply to in-store purchases.

 

2. Order Acceptance and Billing

 

Information regarding acceptable payment methods and shipping destinations is is provided during the checkout process. Your Order cannot be processed without correct shipping and billing information, and we cannot make changes to your Order after it is placed.

 

Before accepting an Order, we may request additional information from you, and we reserve the right to reject Orders or to cancel them after acceptance. You will not be charged for your Order until it ships from our warehouse to the address you provided. By confirming your purchase during the checkout process, you agree to pay for the Order.

 

We may put an authorization hold on your debit/credit card when you place your Order, which should be removed by your card-issuing bank once your card has been charged. Please note that Claire’s doesn’t control how long authorization holds stay on your account. You may call your card-issuing bank if you have further questions.

 

To be eligible to complete an Order, you must be at least the age of majority where you reside (18 years old in most states).

 

3. Pricing and Sales Tax

All prices are in U.S. dollars. All prices posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the Order is placed. Prices listed on the Site do not include taxes or charges for shipping and handling. We are not responsible for pricing, typographical, or other errors on the Site by us and we reserve the right to cancel any Orders arising from such errors. Sales tax is charged on Orders where applicable. The sales tax will be based on the state of the shipping address. Please note that some states charge sales tax on shipping fees as well.

 

4. Payment Methods

We accept payment methods as indicated during the checkout process. We are not responsible for external payment processor practices or their terms. By placing an Order, you represent and warrant that the payment information you supply to us is accurate, you are duly authorized to use the designated payment method, and that you authorize us, or our payment processor, to charge your designated payment method. We reserve the right to automatically suspend or cancel your Order if we cannot verify the payment method you designate, or if it is invalid or otherwise not acceptable.

 

5. Gift Cards

You may use a gift card issued by Claire’s as a payment option. Should the gift card cover the full amount of the Order, including shipping and sales tax, the gift card will cover the full payment and you will not be separately charged. If, after using a gift card as a payment option, you still owe a remaining balance, you will be prompted to provide a separate payment option, such as your credit card information, to cover the remaining balance. Please make sure you apply your gift card first before any other form of payment. We only honor one gift card per Order.

 

6. Discount Codes

When using a coupon or promotion code, only one can be applied to your Order at a time. Once the code is applied, the subtotal of your Order will be adjusted. If it is a shipping promotion, as long as the correct shipping method is selected, the cost of shipping will adjust. Please make sure that you review and understand the promotional details to confirm your Order qualifies for the promotion.

 

7. Shipping and Pick Up In-Store

  1. General. All deliveries are pending acceptance of the Order and merchandise availability. We may request additional information from you to process your Order. All Orders placed through the Site are fulfilled pursuant to a shipment contract between Claire’s and the carrier. If the carrier does not deliver the merchandise to you, Claire’s may file a claim against the carrier.
    If you choose to pick up your Order in-store, please refer to Section 7(F) below.
    If you receive an incorrect item, or damaged merchandise, please contact claires.com Customer Support immediately by calling 1-800-804-7194, or emailing [email protected].


  2. Partial Shipments. In some cases, your payment method may be charged more than once for a single Order. For example, this may happen when some of your items ship separately. In these cases, your payment method will be charged at the time each item is shipped.

     

  3. Shipping and Delivery Times. Once the Order has shipped, the delivery time depends on the shipping method selected. Estimated delivery dates to your zip code are provided at checkout. Please keep in mind these are estimates only; we do not guarantee the delivery date. Our carriers do not require a signature. If you are not home, the package will be left at your address.

    4.  

  4. Shipping Restrictions. Products that are considered “hazardous materials” must be shipped via standard ground or economy shipping. Items that are considered “hazardous materials” include (but are not limited to) aerosol and liquid products.

    5.  

  5. Shipping Fees. Orders may be subject to shipping fees, which are presented to you before you complete your Order. Due to the size and weight of some products, an additional handling fee may be applied.

    6.  

  6. In-Store Pick Ups. If you choose to pick up your Order in-store, you’ll receive notification via email when your Order is ready for pick up at the store you indicate during the online checkout process. Please note that once the Order is placed, you will not be able to change your pickup location. You must pick up your Order at the Claire’s store you originally selected.

    7. Your Order will be held at the store for 11 days. If your Order isn’t picked up after 11 days, we’ll cancel the Order and a refund will be issued to you in the original payment method. Once you arrive at the store, please see a store associate to pick up your Order. You may be required to show your Order confirmation email (paper form or mobile), present valid photo identification, and the original form of payment.




8. Cancellations

To the fullest extent permitted by applicable law, we may refuse or cancel an Order for any

reason including limitations on the quantity available, eligibility requirements, inaccuracies or

errors in pricing information, or problems identified by our credit and fraud avoidance partners.

 

We are not responsible for pricing, typographical, or other errors and we reserve the right to cancel any Orders arising from such errors, even after your receipt of an Order confirmation. If your Order is canceled after your payment method has been charged, we will issue a credit to your payment method in the amount of the charge. Claire’s may, at its discretion and as permitted by applicable law, either contact you for instructions or cancel your Order and notify you of such cancellation.

 

Otherwise, Orders are not eligible for cancellations by you. If you no longer want to receive your Order, your sole remedy is to return it subject to our return policies in Section 9 below.

 

9. Returns and Exchanges

  1. General. Subject to any applicable Additional Terms, to be eligible for a refund on your Order, you must return the item within 60 days of receipt. Gifts must be returned within 90 days of receipt and include the appropriate gift receipt.

     

    To return an item, it must be unworn, have the original accessories, be in new and

    resalable condition, and in the original packaging with all tags intact. For items purchased in multi-buy offers (e.g., Buy one Get one Free, Buy one Get one 50% off) you must return all items purchased under the offer for a full refund as we will not refund partial multi-buy purchases.

     

    We will credit the original payment method used to place your Order. The acceptance of refund requests is at the sole discretion of Claire’s and may be subject to Additional Terms. We do not accept returns or exchanges of unsealed cosmetics, pierced earrings, or jewelry sets containing earrings or real body jewelry unless the items are of unsatisfactory quality or unfit for purpose. In addition, the following items cannot be exchanged or returned: cosmetics (if seal is broken), blind bags (if opened), clothing or footwear from which the tags have been removed. Claire’s gift cards are not returnable or redeemable for cash (except as required by law).

     

  2. In-Store Returns and Exchanges. If you order items online, you may return or exchange those items in-store. Items marked “Online Only” may be returned only by mail. You may be required to show a government-issued ID and the original receipt to receive a full refund. If you used a credit card to make your purchase, please have that available for the store associate to credit your account. If you used a third-party payment processor (e.g., PayPal) to place your Order, a refund will be provided via credit on a Claire's gift card. For returns without a receipt, we will issue a refund in the form of a Claire’s gift card for the Order’s current selling price.

     

  3. Online Returns and Exchanges. We cannot process returns or exchanges via the Site for online Orders or in-store purchases.

     

    The invoice in your package will contain detailed instructions on how to return your Order. Package your items according to the instructions on your invoice. If the invoice does not contain instructions, you may send your return via carrier of your choice to the address below:

     

    Claires.com

    Returns Department

    2400 West Central Road

    Hoffman Estates, IL 60192

     

    Unless otherwise stated in Additional Terms, you are responsible for pre-paying the return shipping cost. You are responsible for requesting a tracking number and for purchasing packing insurance from your shipping vendor.

     

  4. Shipping Charges. Orders via the Site are not eligible for exchanges and will not result in a refund of the original shipping cost.  

10. Promotions

We may offer promotions that include Additional Terms that may apply to your Order. Please review promotional Additional Terms carefully. If promotional Additional Terms and these Terms of Sale conflict, these Terms of Sale govern.

 

11. Dispute Resolution – ARBITRATION AND CLASS ACTION WAIVER

If a dispute arises between you and Claire’s, you and Claire’s agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with these Terms of Sale through binding arbitration or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at [email protected] to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Claire’s agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement.

 

If any controversy, allegation, or claim relates in any way to these Terms of Sale (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Illinois except that we may seek injunctive or other appropriate relief in any state or federal court. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Illinois. Arbitration under these Terms of Sale shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association; any dispute shall otherwise be governed by the internal laws of the State of Illinois without regard to Illinois choice of law principles, except that the provisions of this agreement concerning arbitration shall be governed by the Federal Arbitration Act. The arbitrability of disputes shall be determined by the arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

 

YOU AND CLAIRE’S BOTH AGREE TO GIVE UP THE RIGHT TO A JURY TRIAL. YOU AND CLAIRE’S AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Unless you and Claire’s agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding, consolidated action or private attorney general action.

 

12. Disclaimers and Warranties

We may publish advice, FAQs, suggestions, or other recommendations on the Site in relation to the handling and care of certain products or items (e.g., piercing care). These statements are not a warranty or promise of how a product or item will ship, look like, work, or last. Such advice is solely meant as a recommendation. We also may take steps to address your satisfaction with packaging and delivery by including descriptions of our practices on the Site. Such descriptions are not a warranty or promise of how packaging or deliveries will occur.

 

13. Governing Law and Jurisdiction

The Site is operated from the U.S. All matters arising out of or relating to Orders or these Terms of Sale are governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.

 

14. Contact

If you have any questions about Orders, you may contact us by email at [email protected] or phone at 1-800-804-7194. Customer Support representatives are available to answer your questions daily from 7am-10pm CST.

 

For all other questions, you may email [email protected] or call 1-888-CLAIRES / 1-888-252-4737.