Terms of service

OVERVIEW

Welcome to CLEA. The terms "we", "us" and "our" refer to CLEA. We operate this store and website, including all related information, content, features, tools, products and services, in order to provide you with a curated shopping experience (the "Services"). Our store is powered by Shopify.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, and that you have consented to allow any minor dependents to use the Services on devices you own or manage.

To use the Services, you may be asked to provide information including your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to accurately represent our products online. However, colours and product appearance may differ from how they appear on your screen due to your device type, settings, and configuration. We do not warrant that the appearance or quality of any product will meet your expectations or be identical to how it is depicted in our store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region, or jurisdiction.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. CLEA reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance and process your payment. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests once an order is accepted.

In the event that we do not accept, modify, or cancel an order, we will attempt to contact you via the email, billing address, or phone number provided at the time of order. Your purchases are subject to return or exchange solely in accordance with our Return Policy.

Made to order pieces are produced specifically for you upon purchase. Production and dispatch timeframes will be listed on the relevant product page. Once a made to order item has entered production, it cannot be cancelled or modified. Standard terms and conditions apply.

You represent and warrant that your purchases are for personal or household use only, and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, or domestic freight charges.

You agree to provide current, complete, and accurate purchase and payment information for all transactions. You represent and warrant that (i) any credit card information you provide is true and complete; (ii) you are authorised to use the card; (iii) charges will be honoured by your card issuer; and (iv) you will pay all charges incurred, including applicable taxes and shipping.

SECTION 5 — SHIPPING AND DELIVERY

All delivery timeframes are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or circumstances outside our control. Once your order is transferred to the carrier, title and risk of loss passes to you.

All international orders are shipped on a Delivered Duty Paid (DDP) basis. This means that all applicable customs duties, taxes, and import fees are calculated and collected at checkout. No additional charges will be levied upon delivery. CLEA assumes responsibility for customs clearance on international shipments.

SECTION 6 — INTELLECTUAL PROPERTY

All content on our Services — including trademarks, text, imagery, graphics, product photography, video, audio, and the design and arrangement thereof — is owned by CLEA, its affiliates, or licensors, and is protected by Australian and international copyright, trademark, and intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, publicly display, republish, or transmit any material from the Services without our prior written consent. CLEA's name, logo, product and service names, designs, and slogans are trademarks of CLEA and may not be used without prior written permission. All rights not expressly granted are reserved.

SECTION 7 — OPTIONAL TOOLS

You may be provided access to third-party tools as part of the Services. We neither monitor nor have control over such tools, and provide access to them "as is" and "as available" without warranties or representations of any kind. We accept no liability arising from your use of optional third-party tools. Any use is entirely at your own risk.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links to third-party websites or embedded third-party functionality. We are not responsible for the content, accuracy, or practices of any third-party sites. If you choose to access third-party sites, you do so at your own risk. Complaints or questions about third-party products or services should be directed to the relevant third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

CLEA is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases are made directly with CLEA. Shopify is not responsible for any aspect of transactions between you and CLEA, including any injury, damage, or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims arising from or related to your purchases with us.

SECTION 10 — PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy. Because our Services are hosted by Shopify, Shopify also collects and processes certain information about your use of the Services. Information you submit may be shared with Shopify and third parties in order to provide services to you. Please review our Privacy Policy for full details.

SECTION 11 — FEEDBACK

If you submit any ideas, suggestions, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, and distribute such Feedback for any purpose, including commercial use. You represent that you own or have the necessary rights to all Feedback submitted, and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for it, or respond to it. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, or otherwise objectionable. You are solely responsible for the accuracy and content of any Feedback you submit.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

There may occasionally be information on our Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any such errors and to change or update information or cancel orders at any time without prior notice.

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You must not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, harm, or defame any person; (e) to transmit false or misleading information; (f) to send unsolicited promotional material or spam; (g) to impersonate any person or entity; or (h) to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services.

You also agree not to: upload malicious code; reproduce or exploit any portion of the Services; collect others' personal information; or use any automated tools, bots, scrapers, or agentic AI to access the Services without our express written consent. We reserve the right to suspend or terminate your account at any time if you violate any part of these Terms.

SECTION 14 — AGENTS

This section applies if you use or enable any autonomous or semi-autonomous software ("Agent") to access or interact with the Services.

No Agent may access the Services unless it: (i) identifies itself as an Agent in all HTTP/HTTPS requests, including the agent name in the user agent string; (ii) does not conceal or mimic human behaviour; (iii) responds truthfully to any prompt seeking to determine whether interactions are from a human or computer; and (iv) does not circumvent any measures intended to block or limit Agent access. We may limit or block Agent access by technical means at any time.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY CLEA, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, IN WHICH CASE SOME OF THE ABOVE MAY NOT APPLY TO YOU.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, CLEA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CLEA, Shopify, and our affiliates, officers, directors, employees, agents, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, arising out of: (1) your breach of these Terms; (2) your violation of any law or third-party rights; or (3) your use of the Services.

We will notify you of any indemnifiable claim and may control the defence and settlement at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent.

SECTION 19 — SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, it will be enforced to the fullest extent permitted by law, and the remainder of these Terms will remain in full force and effect.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms, together with any policies posted on this site, constitute the entire agreement between you and CLEA and supersede all prior agreements and communications.

SECTION 21 — ASSIGNMENT

You may not transfer or assign this agreement or any of your rights under these Terms without our prior written consent. We may transfer or assign these Terms and our rights and obligations without notice to you.

SECTION 22 — GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You and CLEA consent to the exclusive jurisdiction of the courts of Victoria for any disputes arising under these Terms.

SECTION 23 — CHANGES TO TERMS OF SERVICE

We reserve the right to update or replace any part of these Terms at any time. Changes will be posted to this page and will be effective on the date specified. Your continued use of the Services following any changes constitutes your acceptance of those changes.

SECTION 24 — CONTACT

Questions about these Terms should be directed to:

Jaceo Group Pty Ltd trading as CLEA
Email: customercare@clea-galerie.com.au
2D/12 Hoddle St Abbotsford VIC 3067
ABN: 78 649 933 246