Conditions d’utilisation
Last update: November 4, 2024
These Terms and Conditions serve to regulate the relationship between clévany e.U. a brand owned and operated by Clément Vanacker, a sole trader with a place of business in Vienna, Austria, and individuals using the Products clévany sells.
1. ACKNOWLEDGMENT
1.1. These Terms and Conditions are between You and clévany, and regulate your access to and use of our Website, located at clevany.com, and related Products, including but not limited to Shopping carts.
1.2. These are the Terms and Conditions governing the use of any of the Products described in Art. 4 and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the purchasing of any of the Products.
1.3. Your access to and use of the Products is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all Visitors, users, and others who access the Website and/or purchase the Product.
1.4 If you have any concerns or reservations about any aspect of these Terms and Conditions, please be aware that accessing the Products may not be possible for you.
1.5. Your access to the Website and/or purchase of the Product is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy (https://clevany.com/privacy/) carefully before using Our Products.
2. INTERPRETATION
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
3. DEFINITIONS
For the purposes of these Terms and Conditions:
3.1. The Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to clévany e.U.
3.2. The Customer refers to individuals or a company, or other legal entity on behalf of which such individual is accessing or using any of the Products. Individuals must be 14 years or older.
3.3. The Visitor refers to website Visitors who are not necessarily Customers.
3.4. The Product means any of the offers listed and described in Art. 4.
3.5. ”Local”, “Place of business” and “The Country” refer to Austria.
3.6. The Website (as well as “The Site”) refers to The Company’s website located at clevany.com.
3.7. Device means any device that can access any of the Website, services or Products such as a computer, a cell phone or a digital tablet.
3.8. Feedback means feedback, innovations, or suggestions sent by the Customer or a Visitor regarding the attributes, performance, or features of our Products or our Website.
3.9. Promotions refer to contests, sweepstakes or other promotions offered through the Product.
3.10. Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You, the Customer and the Company regarding the use of the Product.
3.11. Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included or made available by the Service.
4. PRODUCT
4.1. clévany sells exclusive backpacks / shopping trolleys.
4.2. The customers understand that the product has not been produced yet and by paying a deposit as defined in article 8 of these Terms they are buying future goods.
4.3. The customer understands that they don’t become owners of the product with the payment of the deposit. Ownership is transferred from the Company to the Customer as described in article 5 of these Terms.
4.4. Requesting a Product via the Website, via Email or during a meeting with representatives of the Company, and direct purchasing on the Website constitutes a contract between the Company and the Customer.
5. Transfer of ownership
5.1.The product delivered by the Company to the customer shall remain the property of the Company until the selling price and all other payments (shipping costs, late payment fee), arising from the purchase of the product have been paid in full.
5.2. The payment of a deposit does not constitute a selling price payment and does not affect the transfer of the product’s ownership.
6. Production timeline
6.1. The production timeline of the product has a 4-stage, preliminary determined by the Company.
6.2. The Company declares, and the Customer understands that the exact starting and finishing dates of the timeline as well as each stage may vary from the preliminary assessment of the Company as described below:
| Timeline | Starting date | End date |
| Between ideation and the final 2D model | Dec-2023 | July-2024 |
| Between the final 2D model and the first real sample | July-2024 | April-2025 |
| Between the first real sample and final design | April-2025 | Feb-2026 |
| Between the final design and the first shipment | Feb-2026 | June-2026 |
7. Order and shipment
7.1. Within 14 days of the beginning of stage 4 of the production timeline the Company will inform the Customer that orders can be placed (notification for order placement)
7.2. Orders can be placed, and shipment method can be chosen via the website.
7.3. Shipment options will be made known to the Customer with the notification for order placement.
8. COST AND PAYMENT
8.1. The price of each product is part of these Terms and it is the end-price, not including shipping costs. At this stage, we expect the price to be between 300-500€, depending on the final selection of design, materials, and features. This price may change, and the Customer will be informed about this accordingly.
8.2. In stages 1-3 from the production timeline the Customer wanting to buy the product can only pay a deposit. The deposit the Customer paid counts towards the total cost of the purchased product.
8.3. Customers who pay a deposit in stages 1-4 enjoy certain advantages.
8.4. The amount of the deposit depends on the development stage. The exact amount of the deposit and the advantages are detailed below:
| Timeframe | Deposit amount | Discount amount on the final retail price | First-come first-serve order fulfillment |
| Between ideation and the final 2D model | 50€ | 50% | yes |
| Between the final 2D model and the first real sample | 100€ | 35% | yes |
| Between the first real sample and final design | 150€ | 25% | yes |
| Between the final design and the first shipment | 200€ | 15% | yes |
8.5.Payment
8.5.1. Payment for our Products:
a/ When you purchase any of our Products, you hereby authorise clévany to charge your payment card or another payment instrument (“Payment Method”) for the Service fee. The Company will charge your Payment Method the amount of the Service fee immediately upon your order when the Payment Method is a debit or credit card.
b/ We use a third-party payment processor (the “payment processor”) to bill you for any paid Products through a payment account linked to your account. By choosing to use paid Services, you agree to pay us, through the payment processor, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms, and you authorise us, through the payment processor, to charge your chosen payment method.
We reserve the right to cancel The Customer’s purchase in the event that We are unable to successfully charge the provided payment method. We are not responsible for errors by the payment processor, and We reserve the right to correct any errors or mistakes that We or the payment processor make(s) even if We have or our payment processor has already requested or received payment. If we, through the payment processor, do not receive payment from The Customer, the Customer agrees to pay all amounts due on your billing account upon demand.
8.5.2. Ensuring that at all times the chosen Payment Method is valid and up-to-date is the responsibility of the Customer. The Customer is also responsible for providing complete and accurate billing and contact information to The Company and notifying The Company of any changes to such information.
9. LEGAL RIGHT OF WITHDRAWAL AND REFUND POLICY
9.1. For Services/products purchased online, the Customer has the right, without giving a reason, to withdraw from the contract within 14 days of the conclusion of the said contract (i.e. the date of the order placement).
9.2. Even if the period for the legal right of withdrawal has ended, you can ask for a deposit refund at any time until you order the shopping cart.
9.3. To initiate a refund or exercise your legal right of withdrawal, please email us at clement@clevany.com with the following information:
- Date of deposit:
- Deposit amount:
- Reason for refund (optional, it just helps us understand better the needs of our customers):
- Your full name:
- Email address used during registration:
Refunds are processed back to the original payment method utilized. In the unusual event that a refund is unsuccessful, we will reach out to you directly to arrange the refund via a wire transfer.
9.4. Your refund will be issued within 14 calendar days of receiving the refund request or your claim your legal right of withdrawal per email.
10. RIGHT OF INFORMATION
10.1. Customers who have paid a deposit in stages 1-4 have the right to be informed about the progress of the production on a continues basis. The Company will send said update per email every two months.
10.2. These updates will also provide opportunity for the Customer to contribute to the design of the product through taking part in the surveys the Company will send.
11. PROMOTIONS
11.1. Any Promotions made available through the Website may be governed by rules that are separate from these Terms.
11.2. If The Customer or a Visitor participates in any Promotions, they must make sure to review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
11.3. Promotions are always only valid within a certain time period, set by the Company or an Affiliated partner.
12. LIMITATION OF LIABILITY
12.1. The Company is responsible for damages to the Customer, excluding personal injury, only if they result from serious misconduct (intentional or gross negligence). This also applies to damages caused by third parties engaged by the Company.
12.2. Any claim for damages by the Customer must be pursued through legal means within six months after the individuals entitled to make a claim become aware of the damage and the liable party. However, such claims cannot be made later than three years after the incident that gives rise to the claim.
12.3. The Customer must provide evidence of the Company’s misconduct.
12.4. When the Company uses third parties to perform the required Product, any warranty claims and claims for damages against these third parties will be transferred to the Customer. In such cases, the Customer should primarily seek resolution with the third party.
13. FORCE MAJEURE
Neither party shall be held responsible for any harm, loss, expenses, or costs resulting from a Force Majeure event. In the event of a Force Majeure event, the affected party will promptly notify the other party in writing. This notice will include details about the cause of the Force Majeure event and how it will impact the party’s ability to fulfil its obligations.
14. INDEMNIFICATION
14.1. The Customer agrees to indemnify, defend, and hold harmless the Company, contractors, and any third parties for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of the purchasing of the product.
14.2. If the Company is found liable for any loss or damage under this contract, liability shall be limited to the lesser of the total payments made under this contract.
15. BRAND DISCOUNTS
The Customer may receive discount codes that are strictly confidential. The brand partners have the authority to modify, alter, or eliminate discounts at their discretion. The Company is not responsible for any potential problems that may arise from the partnership between the Customer and the brand partners.
16. VIEWS EXPRESSED DISCLAIMER
16.1. The Website may contain views and opinions that are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organisation, employer, or company, including the Company.
16.2. Comments published by users are their sole responsibility, and the users will take full responsibility, liability, and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.
17. FEEDBACK
The Customer voluntarily shares their Feedback with the Company and agrees to grant the Company certain rights related to this Feedback. In the event that the assignment of these rights is not legally effective for any reason, the Customer further agrees to provide the Company with a non-exclusive, permanent, unchangeable, royalty-free, worldwide right and licence. This licence allows the Company to utilise, reproduce, disclose, sub-license, distribute, modify, and make use of the Feedback without limitations.
18. INTELLECTUAL PROPERTY
18.1. The Website, any of the Products, and its original content, features, and functionality are and will remain the exclusive property of the Company.
18.2. The Company shall retain all copyrights to any work done by the Company and/or by individuals working on behalf of the Company and/or by third parties engaged by the Company (including, but not limited to, proposals, reports, analyses, expert opinions, organization charts, programs, drafts, calculations, drawings, data media, etc.).
19. CHANGES TO THESE TERMS AND CONDITIONS
19.1. The Company reserves the right to amend these terms and conditions at any time. Notice of any modifications will be provided to all users via email, or by other means deemed appropriate by the Company.
19.2. It is the Customer’s responsibility to review these terms periodically for updates. However, please note that the terms and conditions in effect at the time of entering into a contract will remain valid for the duration of that contract, unless mutually agreed otherwise.
19.3. In the event when the continuation for the Service under the previous Terms and conditions is not possible, the Customer will be given a 7-day review period. The review period starts from the date of notification. After this review period, the revised terms will become effective, and the Customer’s continued use of the Services will signify their acceptance.
19.4. Should the Customer not wish to continue using the Service with the revised Terms and Conditions, they need to inform per email the Company within the review period.
20. SEVERABILITY AND WAIVER
20.1. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
20.2. Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
21. GOVERNING LAW
Any contract made between clévany and the Customer shall in all respects be governed by and construed in accordance with Austrian law and the parties hereto submit to jurisdiction of the Austrian courts.
22. DISPUTES RESOLUTION
22.1. If The Customer has any concern or dispute about any of the Products, they agree to first try to resolve the dispute informally by contacting the Company in good faith.
22.2. If all efforts fail, The Customer agrees to enter a process of mediation.
22.3. Shall the mediation prove to be unsuccessful; the competent court is the Austrian court.
23. PRIVACY POLICY AND RECORD RETENTION POLICY
23.1. The Privacy policy of the Company applies to all contracts and relationships that occur as a result of the use of the Company’s Products and the use of the Website by Visitors.
23.2. The Customer recognizes that the Company has provided information about the Company’s policy regarding the retention of documents, information, and data acquired or shared during the duration of the Company-Customer relationship. The Company will preserve these records for a minimum of 7 years from the year the contract became effective, using a format chosen by the Company (either in print or digital/electronic).