Terms of service

OVERVIEW
Welcome to Clothma! The terms “we,” “our,” and “us” refer to Clothma. Clothma operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, as a customer, with a personalized shopping experience (the “Services”). Clothma uses the Shopify platform, which allows us to provide you with the Services.
The following terms and conditions, together with the policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights, including 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the age of legal majority in your state or province of residence and give us your consent to allow your minor children to use the Services on devices that you own, purchase, or manage.
To use the Services, including to access or browse our online stores or purchase any of the products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and delivery information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You are not permitted to transfer, sell, assign, or license your account to another person.

ARTICLE 2 - OUR PRODUCTS
We have made every effort to accurately present our products and services in our online stores. However, please note that product colors or appearance may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is displayed or rendered in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to remove any product from sale at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Clothma reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not considered accepted until written confirmation has been provided by Clothma. We must receive and process your payment before your order is validated. Please carefully review your order before submitting it, as Clothma may not be able to accept cancellation requests once the order has been confirmed. If your order is refused, modified, or cancelled, we will attempt to contact you using the email address, billing address, and/or phone number provided when placing the order.
Your purchases are subject to the return or exchange terms in accordance with our Refund Policy [[LINK]].
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

ARTICLE 4 - PRICES AND BILLING
Prices, discounts, and promotions 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 and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import fees.
Prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may offer promotions on our Services from time to time that may affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that: (i) your credit card information is accurate, correct, and complete, (ii) you are authorized to use the card for the purchase, (iii) the charges incurred will be honored by the card issuer, and (iv) you will pay all charges incurred at the displayed prices, including shipping and handling fees and all applicable taxes.

ARTICLE 5 - SHIPPING AND DELIVERY
We cannot be held responsible for shipping or delivery delays. All stated delivery times are estimates and are not guaranteed. We disclaim responsibility for delays caused by carriers, customs procedures, or any event beyond our control. Once the products are handed over to the carrier, ownership and risk of loss are transferred to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including, without limitation, all registered trademarks, trademarks, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Clothma, its affiliates, or its licensors. They are protected by U.S. and foreign patent, copyright, and intellectual property laws.
These Terms authorize you to use the Services solely for personal and non-commercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material available through the Services without our prior written consent. Except as expressly provided in these Terms, nothing shall be construed as granting you a license or any other right under any patent, trademark, copyright, or other intellectual property of Clothma, Shopify, or any third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Clothma.
The names, logos, product and service names, designs, and slogans of Clothma are trademarks of Clothma, its affiliates, or its licensors. You may not use them without the prior written authorization of Clothma. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS
You may be provided with access to third-party customer tools as part of the Services, which we neither monitor nor control and to which we have no 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 by us. We disclaim all liability arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and accept the terms applicable to those tools as defined by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services, including the release of new tools and resources. These new features will be considered part of the Services and will be subject to these Terms of Service.

ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party features. We are not responsible for reviewing or evaluating the content or accuracy of materials or third-party websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We disclaim all liability for any harm or damage related to your access to third-party websites or to the purchase or use of products, services, resources, or content on such websites. We encourage you to carefully review the policies and practices of third parties and make sure you understand them before entering into any transaction. Claims, complaints, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: this section accurately describes the relationship between Shopify and your store and must not be deleted or modified.]
Clothma is powered by Shopify, which enables us to provide you with the Services. However, any sale or purchase made through our Store is conducted directly with Clothma. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Clothma, including any damage, harm, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with Clothma.

ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information concerning your access to and use of the Services in order to provide and improve them. Information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries different from the country where you reside, in order to provide you with the Services. Please consult our Privacy Policy [LINK] for more details about how we, Shopify, and our partners use your personal information.

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) maintain the confidentiality of your Feedback; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes upon the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or any computer virus or malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility and accept no liability for Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain information that includes typographical errors, inaccuracies, or omissions, including regarding product descriptions, prices, promotions, offers, shipping fees, transit times, or product availability. We reserve the right to correct any errors, inaccuracies, or omissions, as well as to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after your order has been submitted.

ARTICLE 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local regulation, rule, or law; (c) in a manner that infringes upon the intellectual property rights of Clothma, Shopify, or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly transmit, receive, upload, use, or reuse any content that does not comply with these Terms; (g) to transmit or cause the transmission of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that may restrict or inhibit another person's use or enjoyment of the Services, or which, as determined by us, may harm Clothma, Shopify, users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming, or pretexting through the Services; (e) use robots, spiders, scraping tools, data collection or extraction tools, automated devices, AI tools, including agentic AI, or any automated or manual means to access the Services; or (f) interfere with, circumvent, or disable security or authorization features, robot exclusion headers, or other measures implemented to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, authorize, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a person or entity, and that may run on a device owned or used by a person, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict accordance with the conditions set out in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have instructed that Agent to refrain from accessing, using, or interacting with any service.
14.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the name of the Agent by including the following in the user-agent string: “Agent/[agent name]”; (ii) not conceal or mask the fact that access, use, or interactions originate from an Agent, including by (a) imitating human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) answer honestly any question or prompt intended to determine whether interactions originate from a human or a computer; and (iv) not bypass or evade any measure intended to block, limit, modify, or control Agents’ access to, use of, or interactions with the Services.

ARTICLE 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services, or any portion thereof, at our sole discretion, at any time and without notice. You will remain responsible for all amounts owed through the date of termination.
The following Articles will survive 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 provision that by its nature should survive termination.

ARTICLE 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and warranties regarding any consequences arising from your use of this information, the use of the Services by any other visitor, or by any person who may become aware of its contents.

EXCEPT AS EXPRESSLY STATED BY CLOTHMA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

ARTICLE 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLOTHMA, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY OR ITS AFFILIATES, BE LIABLE FOR ANY LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARTICLE 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Clothma, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys’ fees, owed to a third party and arising from (1) your breach of these Terms of Service or any documents incorporated herein by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim covered by this indemnification obligation, provided that any failure to provide prompt notice shall not relieve you of your obligations unless you suffer material prejudice as a result. We may assume the defense and settlement of any claim at your expense, including the selection of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You agree to cooperate in the defense of claims covered by this indemnification obligation, including by providing relevant documents.

ARTICLE 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall remain enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity or enforceability of any other remaining provisions.

ARTICLE 20 – WAIVER; ENTIRE AGREEMENT

The 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, together with any policies or operating rules posted by us on this website or relating to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including, without limitation, any prior versions of the Terms of Service.

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 21 – ASSIGNMENT

You may not delegate, transfer, or assign this agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any attempted assignment without authorization shall be deemed null and void. We may transfer, assign, or delegate these Terms, as well as our rights and obligations, without your consent or prior notice.

ARTICLE 22 – GOVERNING LAW

These Terms of Service, together with any separate agreement under which we provide you with the Services, shall be governed by and construed in accordance with the federal laws and the laws of the states or territories of the courts having jurisdiction in the jurisdiction where Clothma has its registered office. You and Clothma expressly consent to the territorial and personal jurisdiction of such courts.

ARTICLE 23 – HEADINGS

The headings used in this agreement are provided for convenience only and shall not affect or limit the interpretation of these Terms.

ARTICLE 24 – 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 any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

ARTICLE 25 – CONTACT INFORMATION

For any questions regarding these Terms of Service, please contact us at: contact@clothma.com

Our contact information is provided below:

CLOTHMA
contact@clothma.com
Tangier, Morocco
+212632713383