Terms of Use

Your access to this web site, claires.com, brought to you by Claire’s Stores, Inc. (“Claire’s”), is subject to the following Terms of Use, which may be updated by us from time to time without notice to you. These Terms of Use constitute a binding agreement between Claire’s and you.

You are responsible for periodically reviewing these Terms of Use for applicable changes. Your use of our web site after the posting by us of any changes to these Terms of Use will constitute your acceptance of those changes. If you have any questions about these Terms of Use, please contact us by sending an e-mail to customerservice@claires.com.  Should you disagree with any changes, you should immediately cease use of Claire’s web site.

Claire’s Privacy Policy

The personally-identifiable information that you provide us on our web site is subject to our Privacy Policy, which is a part of these Terms of Use.   Please take the time to review the important information contained in our Privacy Policy regarding our collection and use of this information.

Your Use of Claire’s Web Site

You may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit Claire’s web site (or any portion of it), unless you have Claire’s express written permission to do so. You may only use Claire’s web site in accordance with these Terms of Use and all applicable laws, rules, and regulations.  In the event Claire’s believes that you have failed to comply with all terms applicable to your use of Claire’s web site, you agree that Claire’s has the right, in its sole discretion and without notice, to restrict your access to Claire’s web site.  Claire’s may also, in its sole discretion and at any time, discontinue the Claire’s web site, or any part thereof, with or without notice.  You agree that you do not have any rights in Claire’s web site and that Claire’s will have no liability to you if the Claire’s web site is discontinued or your ability to access Claire’s web site is terminated.

Communications with Claire’s

You consent to receipt of electronic communications from Claire’s, and agree that all agreements, notices, and other disclosures communicated to you by Claire’s electronically (whether by electronic mail, by posting at this web site, or by other electronic means) satisfy any legal requirement that such communication be in writing.  Your communications with Claire’s, including transmission of order requests, constitute electronic communications.  You grant to Claire’s a perpetual, irrevocable, worldwide, non-exclusive, transferable, royalty-free right to use all information and materials that you submit to us, including the right to exercise copyright and publicity rights, in any media, in connection with Claire’s web site.

Links

Through the Claire’s web site, you may be able to access links to other World Wide Web sites.  Because Claire’s has no control over such sites, you acknowledge and agree that Claire’s is not responsible for, and has no liability with respect to, the availability (or unavailability) of such sites, for the treatment of your personally-identifiable information by such sites, or for the information, products, content or other materials on or available from such sites or resources. If you would like information on any other site’s privacy policy, you should contact that party directly, and we encourage you to do so.

Purchases on Claire’s Web Site

Through the Claire’s web site, you may be able to purchase products, including nonrefundable gift cards in denominations from $10 to $50.  The gift cards are redeemable at a participating Claire’s store.  Your purchases on our Web site are subject to the following terms:

  1. Only those individuals with a valid credit card may purchase a Claire’s gift card.
  2. The cost of each card varies based on the denomination.  In addition to the cost of the gift card, you will be charged $1 per order for shipping and handling.
  3. Payment is by credit card only.  Currently, we accept Visa, MasterCard, Discover, and American Express.  Cash, personal checks, cashiers/certified checks, money orders, or any other form of payment will not be accepted.  Your credit card will be billed when your order is shipped.
  4. Submission of your order constitutes an offer by you to purchase, and Claire’s reserves the right to accept or reject your offer.  Acceptance of an offer occurs when the order is shipped.  After submitting your order, you will be shown a “thank you” screen.  This is the only confirmation you will receive that your order was submitted.  You should print this screen and keep it for your records.
  5. Product prices do not include any sales, use, privilege, excise, or any other tax, duty, tariff, or assessment that may arise, and payment of any such costs are your responsibility.
  6. You can expect your gift card to be delivered in 30 to 45 days.  All orders will be shipped by ground carrier.  All goods will be shipped F.O.B. carrier, at your cost and expense, and shall be delivered to the shipping address in your order.  Risk of loss and title will pass to you upon delivery of the goods to the F.O.B. point.  You will bear the risk of delay and increased costs of shipment. Currently, we can only accept orders with a billing and shipping address within the United States and Canada.  We cannot ship to other destinations at this time.
  7. Should you have questions regarding your order or charges to your credit card, call Claire’s Customer Service at 1-888-CLAIRES, Monday through Friday, from 8am to 5pm, Central Standard Time.

Disclaimers

You acknowledge and agree that:

  1. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. ANY FEATURES AVAILABLE THROUGH OUR WEB SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLAIRE’S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Because our web site is provided to you  “AS IS,” you agree that Claire’s shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications or other information you submit using our web site.   Because our web site is provided to you “AS AVAILABLE,” you agree that Claire’s shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Claire’s web site or of your ability to access it.
  2. Claire’s also disclaims any warranty that (i) our web site will meet your requirements, (ii) our web site’s operation will be uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use of our web site will be accurate or reliable (and Claire’s disclaims any liability for damages that may arise from your reliance on any such information or communication) or are free of viruses or other harmful components.
  3. You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through our web site.  Claire’s shall have no liability for any damage to your computer, including loss of data, that results from your downloading any such materials.
  4. Claire’s shall not be responsible for any order request if it is received in an unintelligible or garbled form.  However, Claire’s will make reasonable efforts to notify the sending party (if the sending party is identifiable from the received order request) that the order request was unintelligible or garbled.
Some states do not allow the disclaimer of implied warranties, so this provision may not apply to you.

Limitation of Liability

YOU AGREE THAT CLAIRE’S SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF CLAIRE’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM:  (a) YOUR USE OF OR INABILITY TO USE THE CLAIRE’S WEB SITE; (b) THE COST YOU INCUR TO SUBSTITUTE FOR ANY GOODS YOU PURCHASED THROUGH THE CLAIRE’S WEB SITE; (c) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER; (d) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE CLAIRE’S WEB SITE, INCLUDING OUR ADVERTISERS AND BUSINESS PARTNERS; OR (e) ANY OTHER MATTER RELATING TO THE CLAIRE’S WEB SITE.  Some states do not allow the limitation of liability, so this provision may not apply to you.

Indemnity

You agree to defend, indemnify, and hold Claire’s harmless from and against all losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees, court costs, and other litigation and arbitration expenses) (“Losses”) related to or arising from: (a) negligent acts or omissions or intentional misconduct with respect to your use of the Claire’s web site or goods purchased from the Claire’s web site; or (b) claims for infringement of the proprietary rights of any third party resulting from your use of the Claire’s web site or goods purchased from the Claire’s web site in violation of these Terms of Use.

Term and Termination

These Terms of Use are effective upon your acceptance (by clicking on “I Accept” below) and shall continue until terminated in accordance with this Section.  Either party may terminate these Terms of Use at any time upon thirty (30) days’ prior written notice.  Claire’s also reserves the right to terminate its relationship with you at any time.  Upon termination of these Terms of Use, you shall immediately cease accessing the Claire’s web site except to the extent necessary to effectuate any of your obligations or rights arising under any orders that are intended to continue beyond such termination. In the event collections proceedings or legal action become necessary, you agree to pay all of Claire’s costs and fees incurred, including attorney's fees.

Intellectual Property

The content that Claire’s provides on our web site, including, but not limited to, text, graphics, images, and logos, is owned by either Claire’s or the party that has provided the content to us and is protected by U.S. and international copyright laws. Claire’s is the sole and exclusive owner of its compilation of this content on our web site, and this compilation is also protected by U.S. and international copyright laws.  Unpermitted copying of any of this content could lead to copyright infringement.

CLAIRE’S, and other logos, slogans, and product and service names used on this site are trademarks owned by Claire’s, its subsidiaries, or its affiliates.  You agree not to display or use such trademarks, in any manner, without the written permission of Claire’s.  Trademarks and trade names of third parties are the property of those third parties, and are used by Claire’s subject to license, or subject to the fair use provisions of U.S. trademark law.

General

You agree that these Terms of Use describe the entire agreement between us with respect to its subject matter. The Claire’s web site was created and is operated under the laws of the State of Illinois.  The laws of the State of Illinois will control the Terms of Use provided in these Terms and Conditions, without giving effect to any principles of conflict of laws.  Any cause of action arising out of these Terms of Use shall be determined in the federal and state courts sitting in the State of Illinois.  If a court of competent jurisdiction finds that any provision of these Terms of Use are invalid or unenforceable, we both agree that the other provisions of these Terms of Use will remain in full force and effect.

You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Claire’s web site or these Terms of Use more than one (1) year after such claim or cause of action arose.

Claire’s will not be liable to you or be deemed to be in breach of its obligations hereunder for any delay or failure in performance caused by acts beyond Claire’s reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, mechanical breakdown, shortages or delays in obtaining supplies, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.