Terms of Use

Carolina Lemke

Website Terms of use

1. Definitions

1.1 ‘The site’ – the website whose address is www.carolinalemke.com, which is owned by the company, as defined below, and managed by it, and which serves as an online store for the sale of the company’s products.

1.2 ‘The company’ – Carolina Lemke limited., a private company incorporated under the law of England, reg no. 9522207, having its registered office situated Sandgate House, 102 Quayside, Newcastle upon Tyne NE1 3DX, England. For Contact details please see below.

1.3 ‘The group’ – includes the companies Hoodies Ltd., Top Ten Fashion Accessories Ltd., Accessories (ACC Fashion Ltd.), Carolina Lemke Ltd. And all subsidiaries of Carolina Lemke Ltd worldwide and all affiliate entities, Urbanica (Palo Retail Ltd.), Kiko (Tikitaka Cosmetics Ltd.) Castro Model Ltd., and YVES ROCHER, and in these Terms of use, they shall be jointly and severally called ‘the group’.

1.4 ‘The products’ – all the products that appear on the site and are offered for sale.

1.5 ‘user’ – anyone who visits the site.

1.6 ‘The chain of stores’ – the branches of the company, that the company operates under the ‘Carolina Lemke Berlin’ brand, whether directly or through its authorized franchisees, which are not online and/or Internet stores, but physical stores, located around the world.

2. Introduction

2.1 These terms of use are a binding agreement between the user and the company and/or the group and/or the site management and/or the operators of the site and/or anyone acting on their behalf, and they shall apply to every use that will be made on the site.

By making use of the site, the user confirms that he has read carefully all the provisions of these term of use in full, he is aware of the terms and conditions that apply when performing operations of any kind on the site and he agrees to these Terms of use for every such activity. The user undertakes that he and/or anyone acting on his behalf, will not have any complaint and/or claim and/or demand against the site management and/or the company and/or the group and/or the operators of the site and/or anyone acting on their behalf, with regard to the provisions of the Terms of use and/or anything that arises therefrom and/or the operations of the site according to the these terms of use.

The company and/or the group shall be entitled to change the Terms of use from time to time. The user is responsible for checking the provisions of the Terms of use and the Privacy Policy each time he visits the site and/or performing any actions on the site.

The site and its services should be used only for lawful purposes and only for the purposes for which the site was intended.

3. Interpretation

3.1 The definitions and the introduction to these Terms of use constitute an integral part thereof.

3.2 In any case of any contradiction and/or incompatibility between the provisions of these Terms of use and other publications, the provisions of these Terms of use will prevail for all intents and purposes, except in a case where Special Terms of use are published with respect to any operations on the site, such as a competition between site visitors or a special promotion, in which case the provisions in the Special Terms of use will prevail, if there is a contradiction between the provisions of the Special Terms of use and the provisions of these Terms of use.

3.3 The division into sections and the titles of the sections are for the sake of convenience only and shall not be used for interpretation.

3.4 In these Terms of use, the singular language also implies the plural, and vice versa, and the masculine language also implies the feminine, and vice versa, as applicable.

4. The use of the site

4.1 Only a user who complies with all the following conditions may carry out actions on the site:

4.1.1 He is legally competent and may perform legal acts. A minor (someone under the age of 18 years) may make an order on the site only with the consent of his parent (or any other guardian of his) to all the Terms of use and obtaining his approval for any action on the site.

By making use of the site, the user declares that he is an adult and that he is legally competent, or, alternatively, that he obtained the consent of his parents (or his guardians) to make use of the site. If you are a minor and have not obtained the consent of a parent or guardian, you may not perform any action on the site.

4.1.2 He has an active email box on the Internet and has a physical mailing address in Europe.

4.1.4 He has read the Terms of use carefully and agrees to all their provisions.

A user who does not agree with any of the provisions of these Terms of use is requested to stop using the site immediately.

A user who does not understand any of the provisions of these Terms of use and/or thinks that a certain provision is ambiguous is requested to contact the company’s customer service, according to the details that appear in section 11.1 below, in order to receive an explanation, before making any use of the site.

4.2 Without derogating from the aforesaid, without receiving a prior, written and express permission from the company, the user is not permitted to perform the actions and/or the acts below when using the site and the content of the site, and the company and/or the group and/or the site management and/or the site operators and/or anyone acting on their behalf may prevent any user from making a purchase on the site (and on any other site that belongs to the group and/or is operated by any of the individual companies of the group) by blocking it from using the site, or in any other way, in any one of the following cases:

4.2.1 The user breached one of the provisions of the Terms of use.

4.2.2 The user performed an illegal act or breached a provision of the law.

4.2.3 The user input into the site and/or delivered to the company and/or the group and the site management in any other way erroneous and/or false and/or inaccurate details, whether carelessly or intentionally.

4.2.4 The user did, by an act or an omission, or tried to do something, that can harm the company and/or the group and/or the site management and/or the site itself and/or other users of the site in any way.

4.2.5 The user has violated the dignity or privacy of another user and/or made use of the site and/or the content of the site in order to harm the reputation of any person and/or to publish inflammatory material, deceptive, fraudulent, defamatory and/or any other information that is false, unreliable or can cause malicious damage.

4.2.6 The user made use of the site and/or the content of the site in order to create a database and/or to collect data, or to prejudice and/or violate any right of another user of the site, including the right to privacy and/or collected any personal information about the users of the site without their express written consent, including by automatic means.

4.3 It should be emphasized that in addition to the fact that a failure of a user to comply with these restrictions, may lead to him being denied access to the site by the company, it also exposes the user to civil and/or criminal liability, pursuant to the provisions of any law.

4.4 The company and/or the group will be entitled to change, from time to time, the Terms of use of the site, the structure of the site, the appearance of the site, and the scope and availability of the products on it, and the company and/or the group will also be entitled to change, from time to time, any other feature relating to the site and its operation, all of which without having any obligation to give notice thereof to the users and/or the customers in advance.

5. The products and prices on the site

5.1 The products offered for sale on the site are sunglasses and ancillary products and accessories of the ‘Carolina Lemke Berlin’ brand.

The type of products that will be offered for sale on the site and their quantity will be determined at the sole discretion of the company, which shall be entitled to add additional products (including optical glasses) to the site and/or remove those offered for sale on it, and to determine and change their prices, from time to time, all of which at its sole and absolute discretion, and without any need to give notice in advance.

The company and/or the site management and/or the site operators and/or anyone acting on their behalf do not undertake to maintain a minimum level of stock of all the models and products, offered for sale on the site, at the company’s chain of stores, nor do they undertake to offer for sale on the site all the models offered for sale by the company, in its chain of stores.

The company and/or the site management and/or the site operators and/or anyone acting on their behalf will hold such stocks as they consider necessary to fulfil anticipated order volumes within 30 days of acceptance but do not undertake to maintain a minimum stock of any item and/or product whatsoever of the products that are offered by the company on the site, nor shall they have any liability for a product that is out of stock, including after it was ordered.

Moreover, the group and/or the company and/or the site management and/or the site operators and/or anyone acting on their behalf do not undertake that the price of the products on the site will be identical to their price in the company’s chain of stores.

The company shall be entitled to make special offers and offer discounts and benefits on the site, and to stop and/or change such special offers and benefits, without any advance notice. Special offers that will be offered on the site from time to time will not necessarily be valid in the company’s chain of stores.

Moreover, any special offer that is offered in the chain of stores or in any of them does not necessarily include sales in the online store, and therefore the user should check in advance, with regard to any purchase on the site whether any special offer that he saw in the chain of stores or in any advertisement applies to the online store or not. In any case, no special offer or discount will be valid with any other special offer or discount.

Pictures of the products on the site are intended for illustrative purposes only, and there may be differences between the pictures presented on the site and the actual products that will be supplied to users making orders from the site.

6. User Data

6.1 When using and/or simply browsing the site, personal data may be collected and processed. For example, while placing the order, the Customer may be required to provide personal details to fulfill the order. For more information regarding your personal data and privacy issues, please read the Company’s Privacy Policy carefully, and before making any use of the site. Please note that the Privacy Policy constitutes an integral part of these Terms of Use.

The user hereby undertakes, in order to ensure quick delivery of the products, without any problems, to enter full, accurate and correct details.

It is hereby clarified that inputting false personal details is completely prohibited, constitutes a tort violation and also a criminal offense, and anyone who does it is may be the subject of legal proceedings, both criminal and civil, including claims for damages that will be caused to the company and/or to anyone acting on its behalf as a result.

The company and/or the group and/or the site management reserve the right to file and pursue legal proceedings against users who gave them erroneous details, intentionally and/or carelessly.

It should be clarified that the site management, the company and the group adopt customary and reasonable measures to safeguard and protect the data on the site, inter alia by using data protection systems, as stated in section 10 below and subject to the reservations therein, but they shall not be responsible for cyber-attacks and/or criminal events on the Internet of any kind, and for disruptions, the availability and proper functioning of the site, including any content and/or service on it, for any reason, including those deriving from disruptions or problems on the Internet or the telephone network.

6.2 When making the order, the user will be required to provide personal details, including a name, address and email address. Therefore, the user hereby declares that the personal details that are provided by him to the company and/or the group as part of the purchase process on the site and/or as part of his registration on the site and/or in any other action on the site, are provided of his own free will and with his consent, and he undertakes not to provide erroneous and/or false and/or inaccurate details on the site for any reason whatsoever, with respect to him and/or with respect to any third party, all of which as stated and in accordance with the company’s Privacy Policy.

6.3 By completing the aforesaid details, each user confirms and expresses his consent to receive advertising and/or marketing mail and/or any other material from the company and/or its subsidiaries and/or any other affiliate entity and/or the group (the group of companies to which the company belongs, which includes the companies: Hoodies Ltd., Top Ten Fashion Accessories Ltd., Urbanica (Palo Retail Ltd.), Accessories (ACC Fashion Ltd.), Kiko (Tikitaka Cosmetics Ltd.) Castro Model Ltd., and YVES ROCHER, and/or from a third party with which the company and/or the group will enter into an agreement for this purpose, by mail, email, messages to a mobile phone or any other media, all of which unless he unchecked the designated checkbox that appears on the site.

Moreover, by completing the aforesaid details, each user confirms and expresses his consent to his details being collected and stored in the database that will be managed by the company and/or the group and/or the databases that will be managed by the company and/or the group and/or a third party with which the group will enter into an agreement for this purpose.

Moreover, the user agrees that the information that will be collected and stored in the databases of the group as aforesaid may be used, inter alia, to manage the service and streamline communications with the user, for operating, marketing and statistics purposes, improvement and enrichment of data, for direct mail of marketing and advertising messages that are personally adapted in order to improve the user experience in general and the user’s use of the site in particular, and to process data for these purpose, , and as such - the characterization of my personal data, all of which in accordance with the purposes of the databases and as stated in the Privacy Policy of the company and/or the group.

The user undertakes that in any case where he does not uncheck the box as aforesaid, he and/or anyone acting on his behalf shall not have any complaint and/or claim and/or demand against the company and/or the group and/or any other of the companies in the group of companies and/or a third party as aforesaid and/or the site management and/or the site operators and/or anyone acting on their behalf, with respect to the sending of marketing and/or advertising material to him, in any of the ways stated above.

The user knows that inputting into the site and/or delivering to the company and/or the group and/or the site management and/or anyone acting on behalf of any of the aforesaid, in any other way, erroneous and/or false and/or inaccurate details, of the user and/or of any third party, for any reason, whether carelessly and/or intentionally, is completely prohibited and constitutes a serious breach of the provisions of these Terms and Conditions.

The customer shall have complete liability, express and implied, and shall compensate and/or indemnify, as applicable, the company and/or the group and/or its managers and/or its employees and/or anyone acting on its behalf and/or the site management and/or the site operators and/or anyone acting on their behalf, immediately upon the first demand to do so, for any damage (including, but not only, direct, indirect, circumstantial and consequential damage and damage to reputation), loss, destruction, expenses, claims and demands, of any kind and type, and legal and attorneys’ expenses, for any complaint and/or demand and/or claim (including those of third parties against the company and/or the group), which derives from the user intentionally inputting into the site erroneous and/or false and/or inaccurate details, with respect to himself and/or with respect to any third party, which will cause harm to the company and/or the group and/or the site and/or anyone acting on its behalf and/or any other customer and/or any third party whatsoever.

The user shall be entitled to withdraw his consent to the aforesaid, at any time, by sending a refusal message to the company and/or the group and/or any third party as aforesaid, in writing or in the way that advertising and/or marketing and/or any other material is sent to him as aforesaid.

7. Limitation of liability

7.1 The company does everything that it can in order to give the user a high-quality and safe user experience on the site. However, the site is not immune to faults and/or problems and from time to time you may not have access to the site.

The user knows that the site, including any content and/or service on it, is provided by the company as is and as available. The company shall not bear any responsibility, express or implied, in connection with the site, including any content or service thereon, and with respect to their suitability for a specific purpose and/or the user’s requirements.

The user hereby declares and undertakes that he is solely and fully responsible for any use that he makes of the site, including in any content and/or service thereon, and that he knows that the company is not responsible, whether directly or indirectly, for any use that he makes of the site as aforesaid.

Similarly, the group and/or the company and/or the site management and/or the site operators and/or anyone acting on their behalf shall not be responsible or liable for any direct, indirect, consequential or special damage that will be caused to the user and/or the customer and/or a third party, as a result of use of the site not in accordance with the provisions of these Terms of use and/or the law and/or the provisions of PayPal’s terms of use.

7.2 Pictures of the products on the site were intended for illustration only and do not bind the company and/or the group and/or the site management and/or the site operators and/or anyone acting on their behalf in any way.

It should be clarified that there may be differences between the pictures of the products, as they are presented on the site, and the products that will actually be supplied to the customers, including differences in shades of color, and the customer waives any claim and/or demand whatsoever with respect to this.

7.3 The management of the company and/or the group and/or the site operators and/or anyone acting on their behalf shall not be liable for indirect damage and/or consequential damage that may be caused to the customer, for any reason whatsoever.

7.3.1 The site may contain, displays, content, publications, advertisements, articles, information, services, products and/or any other content of and/or on behalf of third parties, whether by referring the user to the sites of third parties and/or by presenting these on the site (hereinafter ‘third-party content’). Without derogating from the aforesaid, the user’s use of the content of a third party is subject to the terms and conditions and/or terms of use and/or privacy policy of those third parties, insofar as there are any. It is clarified that any opinion, position, advice, declaration, offer, information, service and/or any other content of a third party belong to that third party, and the company is not involved in creating, preparing and/or operating them.

7.3.2 All the information displayed on the site is general and not intended to give professional advice. The information that is displayed does not create an offer of sale, an attempt to convince someone to buy a certain product or a group of products that are supplied by the company or a party related to it or by a third party.

The company invites the user to make by himself all of his assessments and investigations with regard to the product and/or the service that he is interested in buying, and in any case the user waives any complaint and/or demand and/or claim in this regard.

7.3.3 In addition to the aforesaid, the site may also contain links to other websites that are not operated by the company. The links are intended solely for the user’s convenience and information. These links are not within the company’s control and it does not supervise the content of the linked sites. Insofar as the site contains such links, this shall not indicate any consent and/or liability of the company to the content that appears on the linked sites, nor shall it constitute a guarantee of their credibility, their being up to date, their propriety or their legality and/or the privacy policy and terms of use adopted by their owners. The company is not liable for any result that will be caused as a result of the use of the linked sites and/or reliance on them and recommends that the terms of use and privacy policy of those sites, insofar as there are any, should be read carefully, and/or that the owners of the linked sites should be contacted in any case of a claim or request with regard thereto. It is further clarified that the company may, at its complete and sole discretion, remove any link from the site and/or add additional links and that the company does not undertake that the links to the aforesaid websites will be active and will lead to an active website.

8. Indemnification

8.1 Any user who makes inappropriate use of the site and/or breaches any of the provisions of these Terms of use and/or breaches any of the provisions of the law undertakes to indemnify and/or compensate the company and/or the group and/or the site management and/or the site operators and/or anyone acting on their behalf for any claim and/or expense and/or damage of any kind and type that will be suffered by the company and/or the group and/or the management of the company and/or group and/or the site operators and/or anyone acting on their behalf as a result thereof, immediately upon receipt of a written demand from the company and/or the group, without derogating from any remedy to which the company and/or the group and/or the site management and/or the site operators and/or anyone acting on their behalf are entitled pursuant to any law.

9. Intellectual property

9.1 All the property and intellectual property rights of the company and/or the group in the site and in everything that appears thereon, whether registered or not, including, but not only, copyright, trademarks, designs, models, methods and commercial secrets, pictures, names and models of products and the wording of these Terms of use and the wording of the Privacy Policy on the site and/or any part thereof, including those of any member of the group, are solely owned by the company and/or the group. These rights include, inter alia, rights relating to all the information on the site, including product lists, the description and design of the products on the site, the marketing and advertising methods on it, the design of the site, drawings, designs, illustrations, musical clips, photographs, pictures, information about products, labels, leaflets (including their form and content), trademarks, maps, audio clips, video clips, text, graphics, domain name, patents, source code, trademarks, tradenames, designs, copyright, commercial secrets, methods, the manner of presenting and designing the site and every other item relating to the operation and use thereof, and no person shall have any right, including a right of use, demand or claim against the company and/or the group and/or the site management and/or the site operators and/or anyone acting on their behalf with respect to such rights.

The content of the site, in whole or in part, may not be copied, displayed, reproduced, changed, processed, reverse engineered, distributed, broadcast, published, sold, marketed and translated and/or stored, and no commercial and/or other use may be made of this site and/or the content of the site and/or any information and/or any data from the site, including trademarks, pictures, text, the design of the products, pictures of the products, the wording of these Terms of use and/or the wording of the Privacy Policy published on the site (and/or any part thereof), for any purpose, without obtaining the prior, written and express permission and consent of the company.

The copying and/or display and/or reproduction and/or retrieval and/or change and/or processing and/or reverse engineering and/or distribution and/or broadcast and/or sale and/or marketing and/or translation and/or storage of content of the site (in whole or in part) and/or commercial use of any type with respect to this site and/or the content of the site and/or any other use, in any manner or form, of the verbal content and/or the visual content and/or the icons and/or the pictures and/or the symbols and/or the logos (and/or anyone part of any of the aforesaid) and any use of information and/or display and/or data of any kind or type that appear on the site, including graphics and design, and including the manner of presenting or displaying them is completely prohibited without obtaining the prior, written and express permission and consent of the company and/or a member of the group.

The name’ Carolina Lemke’ and the name ‘Caroline Lemke Berlin’ and the name of the site and the trademarks that appear on it, whether registered or not, are all the sole property of the company and/or the group, and no use may be made of them without obtaining the prior, written and express consent of the company and/or a member of the group.

It is prohibited to operate and/or to allow someone else to operate any computer application or other means, including software such as robots, crawlers, etc., in order to search, scan, copy or retrieve automatically the content of the site. No content from the site shall be presented in any way whatsoever, by means of any software and/or device and/or accessory and/or other form of media, including with an open or hidden iframe, which change and/or remove anything from the design of the site and/or the text on it and/or the content that appears on it (including marketing and/or commercial content), without obtaining the prior, written and express consent of the company and/or a member of the group.

10. Data security

10.1 The site management and the company and/or the group adopt customary and reasonable measures in order to secure and protect the data on the site, inter alia by using data protection systems.

It should be clarified that despite the efforts of the site management and the company and/or the group to protect the data on the site, there may still be cases of hacking into the site’s information systems and exposure of the data on them to third parties, and the management of the site and/or the company and/or the group and/or the site operators and/or anyone acting on their behalf shall not have any liability for any damage, direct or indirect, that will be suffered by any user and/or anyone acting on his behalf in consequence thereof.

Without derogating from the generality of the aforesaid, it should be clarified that the management of the site and/or the company and/or the group and/or the site operators and/or anyone acting on their behalf shall not be liable for any damage that will be caused to the users as a result of a disclosure of their any details, including credit card details that were entered by them into the site and/or that were delivered by them to the customer service center (in exceptional cases in which it will not be possible to input these details into the site), whether those that were actually used for the purchase of products or those that were not. It is clarified that nothing in the aforesaid, or in the Privacy Policy, shall restrict the company and/or the group and/or the site management and/or the site operators and/or anyone acting on their behalf from making use of anonymous information that does not relate to a specific identified user, and this use will be permissible and will be made by the company and/or the group and/or the site management, at their sole discretion and without any restriction.

11. Customer Service

11.1 Answers to user’s questions, clarifications regarding the terms of use of the site and/or technical assistance in operating the site, as well as answering customers’ questions on the subject of returning products, can be received at the company’s customer service by the Chat button, available on the site, on Sunday-Thursday between 09:00 a.m. and 17:00 p.m. (GMT+2), or by the "Contact Us” functionality.

It should be clarified that it will not be possible to contact the customer service center in order to provide details, for the purpose of placing an order for products and transactions on the site will be made online only.

12. Conflict of laws and venue jurisdiction:

12.1 These Terms of use, their conditions their interpretation and everything involved therein shall be governed by the laws of the State of Israel and any dispute or legal issue relating to the Terms and Conditions shall be submitted for the adjudication of the competent court in Tel – Aviv only.

13. General

13.1 The company reserves the right to change these Terms of use from time to time. Only the terms and conditions that will be published in the Terms of use of the site at the time that the user performs any operation are the ones that will apply to that operation, and they shall bind the user and the company and/or the site management and/or the site operators and/or anyone acting on their behalf.

13.2 The Terms of use on the site apply to the use of the site on any device, including a smart cellphone, computers of various kinds, etc.

 

I explicitly agree to receive advertising content and tailored fit ads, by e-mail or other means of  communication, from Carolina Lemke Berlin Ltd., and to the processing of my information for targeted marketing

You may ask to erase your info or restrict its processing, by e-mailing: [email protected]

 

I agree to all website terms of use  and terms of sale