General terms and conditions of use
Last update: 2022-06-28
Clear Fashion refers to the overall services (website, mobile app, web application) belonging to the company CLOTHPARENCY. The herein General terms and conditions of use frame exclusively the relation between the User of the internet website clear-fashion.com or of the mobile application Clear Fashion, with the company Clothparency.
They aim at governing the rules of access and of use of the website clear-fashion.com (hereinafter referred to as the "Website") or of the mobile application Clear Fashion (hereinafter referred to as the "Application") or of the web application Clear Fashion (hereinafter referred to as the "Web Application") developed and published by Clear Fashion. They provide information about the services offered by Clothparency, as presented hereinafter, and define the rights and obligations of the User and of Clear Fashion. The User commits to reading carefully those General terms and conditions and to accepting them expressly and unconditionally before any use of the Website or of the Application. Clear Fashion reserves its right to modify those General terms and conditions at any moment. Any important change will be notified to the User. It is recommended to the User to regularly refer to the latest version of the General terms and conditions of use, available freely and at any time on the Website, on the Application or on the Web Application.
It will be referred to : "Clear Fashion" as the Services belonging to the Clothparency company "Database" as the brands, labels, materials and clothes database used by the Application and the Web Application. "Information" as all works, information and publications (editorial content, articles, comments, pictures, videos…) and more widely, any existing element present on the Website and/or the Application that have been created or written by Clear Fashion. "External references" as the quotes or links to textual, video, sound and photographic content, produced and published by third parties, on a media external to Clear Fashion. "Service" as the notation and recommandation services related to clothing goods, any online service and functionality offered by Clothparency which the User can have access to or can use on the Website or on the Application or on the Web Application. "User" as any physical person who has access to the Website and/or to the Application and/or to the Web Application "Account" as the user-created personal web space "Store" as the online Application download platform used by Clothparency to publish its Application, and used by the User to download the Application "Score" : the synthetic rating awarded through the notation method developed by Clothparency "Brands" as the companies which market clothes, accessories, leather goods and/or shoes and which eventually conceive and produce them, directly or indirectly through third parties.
2. Description of the application and the clear fashion web application
The main purpose of the Application and Web Application is to inform consumers about the human, environmental, health, quality and animal impact issues of clothing brands and products.
2.1 Data used
The Application and the Web Application propose a rating system based on the analysis of the following elements Information available online: on the labels' websites, on the brands' websites, on their CSR reports, on their charters of conduct with suppliers or on any other document published by the brands. For each brand, the links to the documents used are available on the application under the mention "Source", in the details section. Information transmitted to Clear Fashion directly by the brands: sworn declarations not based on public sources. Example: percentage of references produced in organic materials. In this case, the source indicated on the application is "Brand Declaration". Information provided by the User: composition, labels present on the garment, sustainability criteria over time.
2.2 Independence of the rating system
The brands have no influence or participation in the construction of the rating system, which is implemented in a totally independent manner. For all brands, the rating system described in the following link clear-fashion.com/evaluation-method is applied.
2.3 Relations with the brands
Information gathering is Clear Fashion's main relationship with brands: brands that wish to do so can provide Clear Fashion with information on their policies, practices, collections and production lines. This information is filled in on the Brand Form, a document sent to any brand that contacts us or registers on the Site. A certain number of questions are asked of the brand, which answers by selecting the answer from a list, specifying the source that justifies the information (link to the website, CSR report, etc.). When no source is given, the source is "brand statement". For each brand evaluated, the User can discover the sources used by clicking on the "Sources" button of the Application and Web Application. At the same time, we ask the brand contact to send us a signed document attesting to his or her good faith in providing the information. The integration of information and its display on the Clear Fashion Application and Web Application is free for all brands. Clear Fashion also reserves the right to indicate, for the sole purpose of informing the User, by means of an alert on a Brand's page, that the Brand is concerned by a controversy that may cause serious harm to the environment, to the life and living conditions of animals, to respect for human rights or to the health of workers and consumers. These alerts are set up based on the research of third-party actors, such as NGOs, trade unions and recognized consumer protection groups, who carry out the investigative work.
Clear Fashion also contacts Brands to ask them about their involvement in a controversy.
The Brand's response to this request is also indicated in the event that it has followed up on it. This alert will remain on the Brand's page on the Application as long as there is a risk that the Brand is involved in the controversy in question. The Clear Fashion Application also lists, in the "Top Brands" section, the brands whose overall rating is higher than 60/100 for each category of clothing. Clear Fashion does not ask for any remuneration from the brand for it to appear in this section. In addition, Clear Fashion offers brands an additional service enabling them to use the ratings and evaluations attributed to them by Clear Fashion on their own media. This subscription is not taken into account in any way in the rating carried out by Clear Fashion, as all brands, whether or not they are subscribers, are subject to the same rating system.
3.1 General information
Clear Fashion offers a service of sending a periodic Newsletter, dealing with subjects related to sustainable fashion. This electronic message distribution service is completely free of charge.
3.2 Registration procedure
The procedure for subscribing to the mailing list consists of entering an email address when subscribing to the Application.
3.3 Unsubscription procedure
Each User may unsubscribe from the mailing list and thus no longer receive messages from Clear Fashion. The User may unsubscribe from the mailing list by clicking on the link at the end of each e-mail message sent to him/her.
4. Contractual documents
Those General terms and conditions of use manage the whole contractual relation between the User and Clear Fashion relating to the Services providing in the framework of the use of the Website, of the Application and of the Web Application.
If a provision of the herein General terms and conditions of use would be declared invalid by a court of competent jurisdiction, the invalidity of this provision would not affect the validity of the other provisions herein. No renunciation to one of the herein provisions shall be deemed to be a definitive renunciation to this or any other provision of these General terms and conditions of use.
5. Obligations and accountability
Clear Fashion is held to a best-efforts obligation in the framework of the provisioning of the Website and of the Application, and of the Services providing. In the framework of the Services provision, Clear Fashion provides information to the User for ease of reference. Clear Fashion makes its best efforts to search for the most reliable and impartial information. However, Clear Fashion can not guarantee the accuracy, completeness and exhaustiveness of the information and data presented on the Application and/or on the Website and/or on the Web Application, whether they are provided by Clear Fashion itself or taken from third party sources. No result obligation will be able to be held about this.
Clear Fashion does not conduct itself any analysis of the social, environmental, related to health, quality or animal welfare risks.
The Information provided by the Application relays the one provided by the Brands. All information presented on the Application is susceptible to be modified at any time. The colors red, orange, yellow, green and dark green of the scoring only qualify the Score of the product following the method developed by the company Clothparency, as used on the Application, and does not refer to the core quality of the products nor of the Brands.
Clear Fashion is only responsible for the scoring calculation on the Website and the Application, and for the comments describing the scoring. However, Clear Fashion is not responsible for the information taken from third party sources, and therefore can not guarantee their complete accuracy.
Clear Fashion will not be held accountable for information taken from public external sources, while the said source has not been convicted for disseminating the said information. Clear Fashion is not accountable for the content of third parties websites to which hypertext links refer to on the Website and/or on the Application and/or on the Web Application. Furthermore, the User acknowledges that Clear Fashion will not be held accountable for any material or immaterial, direct or indirect damage, whatever its causes may be (including damages caused by an eventual spread of virus, by informatic fraud, by constraints and limitations of the Internet network or the loss, deterioration or alteration of files), neither for the consequences resulting from :
- his/her use of the Website and/or the Application and/or on the Web Application, of the Services and functionalities and/or the interpretation of its Information ;
- The inability to access the Website and/or the Application and/or on the Web Application, the Services and Information, apart from the direct damages successive to gross negligence or willful misconduct.
The User remains fully and personally accountable for his/her use of the Website, of the Application and ot the Web Application accordingly to the law. The User undertakes to validate the suitability of the Website, the Application, the Web Application, the Services and their Information to his/her needs. The User acknowledges to make by himself/herself any decision taken according to the Information provided on the Website and/or on the Application, when necessary.
More generally, the User commits to use the Website, the Application and the Web Application :
- According to the laws, regulations, third parties rights, including intellectual and industrial property rights ;
- Faithfully and in accordance with their purpose.
The User must, in particular :
- meet safety obligations, according to the article "Security" of the herein ;
- use the Website, the Application and the Web Application in accordance with those General terms and conditions of use and of the legal and regulatory provisions in effect ;
- not commercialize or exploit all or part of the Website and/or of the Application and/or of the Web Application and of their Information available through the Website, the Application or the Web Application.
In case of non-compliance with one or several provisions of the herein, the access to the Website and/or to the Application and/or the Web Application will be able to be, unilaterally, as of right and without notice, temporary suspended or definitely blocked. Clear Fashion reserves its right to use any useful technical mean to achieve these ends.
6. Force majeure
Clear Fashion will not be held responsible in case of inaccessibility to the Website or to the Application or to the Web Application, due to out of its control events, that could not be reasonably foreseen and the effects of which cannot be avoided by appropriate measures, and preventing the execution of its obligations, within the meaning of the legal definition contained at the Article 1218 of the French Civil Code ("Cas de force majeure").
The execution of those General terms and conditions of use will be suspended for as long as the Force majeure event lasts, unless if the resulting delay justifies the termination of the User's subscription, and Clear Fashion will, to the extent possible, endeavour to bring to an end the Force majeure event or to find a solution allowing it to execute its contractual obligations despite the Force majeure event. If the impediment is permanent, the User's subscription will be cancelled.
Broadly speaking, the preservation of an Account security requires Users to :
- Respect safety instructions, including the ones regarding the definition and change of his/her authentication elements ;
- Respect access management, in particular not to use another User's authentication elements, nor to seek this information
- Maintain strictly confidential his/her authentication elements and not to disclose them to a third party, whatever its qualities or professional activity would be ;
- Warn Clear Fashion at the email address email@example.com of any technical malfunction observed and any anomalous activity discovered, such as intrusions.
It includes that it belongs to the User to take any appropriate measure in order to protect his/her own data and materials from contamination from viruses ou any other form of attack possibly circulating via the Website or the Application or the Web Application.
Under no circumstances can Clear Fashion be held accountable for these risks and for any prejudicial consequences, whatever their extent, for the User.
8. Intellectual property rights
The use of the Website, of the Application and of the Web Application does not provide under any circumstances any intellectual property right to the User. The Website, the Application and the Web Application are exclusively intended for the personal use of the User, who has a private, non-collective and non-exclusive right of use. The User agrees not to submit, copy, resell, republish or, in general, make available in any form whatsoever any content, data, information or material, received from Clear Fashion or available on the Application and on the Web Application, to any person, physical or moral, from any country. The User commits to respect the provisions hereinafter regarding intellectual property. Clear Fashion is the exclusive owner of the intellectual property rights :
- on the Website, on the Application, and on the Web Application including its tree structure, its organization, the titling of its sections, its visual and graphic identity, its design, its ergonomics, its functionalities, its softwares, texts, animated or still images, sounds, know-how, drawings, graphic designs and any other component of the Website, of the Application and of the Web Application ;
- on the technic databases, their structures developed and curated by Clear Fashion for editing needs of the Application, of the Website and of the Web Application ;
- on the brand, names, logos, colors, graphic designs ou any other sign that could be used, created or implemented by Clear Fashion.
As a consequence, unless with prior and written approval by Clear Fashion and/or one of its partners, the User cannot process to any reproduction, representation, reedition, redistribution,adaptation, translation and/or partial or complete conversion, or transfer to any other media of any element composing or present on the Site and/or the Application and/or the Web Application.
Any failure to comply with these obligations would constitute counterfeiting, punishable under the articles L. 335-2 and following of the French intellectual property code, likely to expose the perpetrators of those acts to legal, civil and criminal prosecution. Clear Fashion reserves its right to take any appropriate measure in order to prevent or stop the infringement of its rights or of some third party's copyrights, without any accountability being imputed to it as a result of such measures. In particular, any User who would perpetuate such infringements of the protected elements would be likely to have his/her Account deleted without notice or compensation, without this deletion constituting any damage, without reservation of possible subsequent legal, civil or penal proceedings against it, at the initiative of the publisher of the Application or its representative.
The Application and the Web Application use some elements belonging to third parties :
- Brands mentioned on the Website, the Application or the Web Application,
- Logos of the Brands or the labels used on the Website, on the Application or on the Web Application,
- Articles referred to on the Website, on the Application or on the Web Application in third party sources.
Those elements are part of the intellectual property of the companies that created them, and the User undertakes to comply with them.
9. Personal data
10. Your commitments
The User commits to use the Clear Fashion Website, Application and Web Application accordingly to these General terms and conditions and to the applicable law. The User commits to make a personal and non-commercial use of the data relayed on the Clear Fashion Website, Application and Web Application ; not to exploit the data, notices, recommendations and rating provided by Clear Fashion on its own behalf.
In the event of the User's failure to comply with any of the obligations stipulated herein, Clear Fashion will have the right to end, ipso jure and with reasonable notice, without the need to comply with any legal formality or formal notice, its contractual relationship with the User which has the effect of suspending or closing his/her Account and making access to the Application impossible. In doing such, Clear Fashion reserves the right to use any technical means it deems appropriate.
11. Notes and users reviews
Clear Fashion has set up a system on the Application for the collection and publication of Notes and User Opinions relating to the criterion of Durability over time ("Durability") of a Brand's clothing, which notably allow :
- to better guide Users in their purchases
- to create more engagement of the Brands on the application
The User can give a rating according to different criteria ("User Rating"). Each User Rating consists of a rating between zero (0) and five (5) stars, derived from several factual questions. An overall rating is then assigned to the Product or Brand corresponding to the average of all online User Reviews. User may also write a comment regarding the Durability of the Brand's clothing ("User Review"). The User understands and accepts that, in a first stage, the Reviews given will only be used for R&D purposes, over a given period of time, in order to optimally develop the new Durability feature. The User also accepts that, in a second phase, once the functionality is developed, these Reviews may be published on the Application or any other medium.
By issuing a Rating and/or an Opinion, the User understands, accepts and expressly authorizes Clear Fashion to fix, save, distribute and exploit these on different media, including the Application, in order to make them accessible to any user and for the purpose of rating the Brands.
11.2 Commitments of the author of the Rating and the User Opinion
Each User can find out, thanks to the User Ratings and Opinions, the rating given to a Brand in terms of Sustainability by other users. In this respect, the User undertakes to provide information that is not misleading and relevant. More particularly, the User undertakes not to make any value judgment on the Brand and to limit himself to a strict factual observation based on objective characteristics specifically related to the Sustainability of the products. In addition, the Notes and Notices must not constitute, in particular: advertising, promotional or commercial messages public messages containing private data (name, postal address, telephone number, etc.) redundant messages, posted in several places defamatory or denigrating statements incitement to hatred
11.3 Moderation of Notes and User Opinions by Clear Fashion
Clear Fashion does not moderate the Notes given, but reserves the right, where necessary, to delete them. Clear Fashion proceeds with the moderation of User Reviews, after their publication, within a period of 10 days from their entry in the form by the User. At the end of this period, the Notice is then validated or rejected, in the event that it is inappropriate. In the event of a rejection decision, the User will be informed as far as possible of the decision and the reasons for it. The User has the possibility to modify the published Opinion, which is likely to be the subject of a new moderation.
Clear Fashion does everything possible to avoid Notes or User Opinions that are contrary to the present General Terms and Conditions and more generally to legal and regulatory provisions being accessible on the Application. The publication of User Notes and Opinions does not in any way reflect the opinions or principles of Clear Fashion. Clear Fashion may not be held responsible for content of which it is not the author.
The use of the Application and its Services is limited to France. The use of the Web Application is not limited geographically. By creating an Account, the User acknowledges expressly and unconditionally, the provisions of these General terms and conditions of use. The User commits to transmit accurate, up-to-date and truthful information, in particular on his/her civil status, surname, first name(s), email address, phone number, necessary for his/her proper identification, for the purpose of opening and maintaining his/her Account. Upon registration, the Application will ask the User to enter his/her email address and choose a password or register via his or her Facebook account. If the User chooses to register via Facebook, the User consents to the disclosure and conservation of his/her email address by Clear Fashion. The User's password is personal and confidential. It can only be changed on the User's request or at the initiative of Clear Fashion. The User is exclusively and fully responsible of his/her Account use and/or the concerning identifiers. The User commits to keep confidential his/her password and not to disclose it, to anyone, under any form whatsoever. In the event a User would forgets his/her password or would have difficulties accessing his/her Account, the User can ask for the deletion of his/her Account.
However, Clear Fashion reserves the right to develop the Site, the Application and the Web Application, including their Services and Information. Technical modifications may be made without prior notice from Clear Fashion. Clear Fashion also reserves the right to suspend, delete or modify part or all of the Application, and of the Web Application without prior notice or compensation. Clear Fashion reserves its right to suspend the Application access to all or part of the Users for maintenance, without delay nor compensation of any kind.
13. Account termination
13.1 Initiated by Clear Fashion
Every User acknowledges that Clear Fashion can terminate the Account without prior nor formal notice, (i) in the event of failure to any obligation described in the present General terms and conditions (ii) in the event of violation of the applicable legislation.
Without limiting the foregoing, are likely to justify a termination of a User's account :
- breaching or violation of these General terms and conditions of use ;
- failure to comply with an applicable legal or regulatory provision ;
- an unauthorized login attempt, through fraudulent use of the system or usurpation of authentication elements ;
- permanent impediment.
The User is also informed that his/her Account, and consequently of the herein, will be terminated, if the Account has remained inactive for a period of time of 36 (thirty-six) months, after sending a notification informing the User of this process and putting him/her in a position to oppose it, if necessary.
13.2 Initiated by the User
At any time, the Use is able to close his/her Account on the Application by writing to firstname.lastname@example.org. Clear Fashion will endeavour to process any request of Account closure within a reasonable period of time. The User acknowledges that the closure of his/her Account will not result in the automatic deletion of his/her personal data. They will be archived for 10 (ten) years, in compliance with the requirements of the General Data Protection Regulation and the French Data Protection Act (Loi Informatique et Libertés), which is expressly accepted by the User.
14. Modification of these general terms and conditions of use
Clear Fashion reserves its right to modify at any time the herein or the rules regarding the use of the Website or the Application, that including the Services and the Information. Any major change will be notified to the User, by the mean deemed appropriate to Clear Fashion. Every new version of the General terms and conditions of use will be available online on the Website and on the Application. Every User is required to read regularly these General terms and conditions. The action of continuing to use the Website and the Application after any modification of the General terms and conditions implies acceptance of the modifications.
15. Applicable legislation
These General terms and conditions of use are submitted to the French legislation. Disputes that may occur in connection with the execution of the herein will be resolved first and foremost by amicable resolution. The parties agree to do their utmost to resolve amicably any dispute that may arise from the interpretation, performance and/or termination of these General terms and conditions. These General terms and conditions being translated in different languages, the language of interpretation will be French in the eventuality of a contradiction or dispute over the meaning of a term or a clause. In the absence of agreement between the parties, the Tribunal de Grande Instance de Paris (France) shall have sole jurisdiction to resolve any dispute.
Clear Fashion can cede the herein at any time to an affiliate or a successor, whatever the operation may be. The User is not entitled to cede his/her agreement with Clear Fashion to a third party.