Terms of Service
OVERVIEW
Welcome to Madeleine Clavel. The terms "we", "us" and "our" refer to Highland Commerce Pty Ltd, trading as Madeleine Clavel. We operate this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Madeleine Clavel is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully. Nothing in these Terms limits or excludes any rights you have as a consumer under the mandatory law of your country of residence.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least 18 years of age, and that you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and delivery information. You confirm that the information you provide is correct, current and complete.
You are responsible for maintaining the security of your account credentials and for activity on your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We make every effort to represent our products accurately. Please note that colours and product appearance may differ slightly from how they appear on your screen, depending on your device and its settings.
Where a product differs materially from its description, you retain your full statutory rights, including the legal guarantee of conformity described in our Returns & Refunds Policy.
Descriptions of products may change at any time. We may discontinue any product at any time and may limit quantities offered to any person or geographic region.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. We may accept or decline your order. Your order is accepted when we send you a confirmation of dispatch. We must receive and process your payment before your order is accepted.
If we do not accept, change, or cancel an order, we will contact you using the email address, billing address, or phone number provided at the time of the order, and will refund any payment taken in full.
If you are a consumer in the European Union, you have a right to cancel your order within 14 days of receiving it, without giving a reason. This right, and how to exercise it, is set out in full in our Returns & Refunds Policy.
Your purchases are also subject to return or exchange in accordance with our Returns & Refunds Policy.
Our products are sold for personal or household use.
SECTION 4 – PRICES, TAXES AND BILLING
Prices, discounts and promotions may change without notice. The price charged will be the price in effect at the time your order is placed and will be set out in your order confirmation email. Prices are displayed in euros.
Important information about taxes and import charges. Your order is dispatched from outside the European Union. Prices shown at checkout do not include import VAT or customs handling charges. Spanish VAT of 21% and a carrier handling fee will be payable by you before your parcel is released for delivery. Please read our Returns & Refunds Policy for full details before ordering.
Delivery charges, where applicable, are shown separately at checkout before you complete your order.
We may run promotions from time to time governed by separate terms. Where there is a conflict, the promotion terms will govern.
You agree to provide current, complete and accurate purchase and payment information, and to keep it up to date so we can complete your transactions and contact you as needed.
You confirm that you are authorised to use the payment method you provide.
SECTION 5 – DELIVERY
Estimated delivery times are given in good faith but are not guaranteed. Unless we have agreed otherwise with you, we will deliver your order within 30 days of the order being accepted. If we cannot do so, you may cancel the order and receive a full refund.
Risk and title in the goods pass to you when you, or a person you nominate, take physical possession of them. We remain responsible for the goods while they are in transit.
We are not responsible for delays caused by customs processing, carrier disruption, or other events outside our reasonable control, but this does not affect your right to cancel if delivery has not taken place within 30 days.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Highland Commerce Pty Ltd, its affiliates or licensors, and are protected by Australian, European and international intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Services without our prior written consent.
"Madeleine Clavel", our logos, product names, designs and slogans are trademarks of Highland Commerce Pty Ltd. You must not use them without prior written permission. Shopify's name, logo and product names are trademarks of Shopify. All other trademarks on the Services belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be given access to third-party tools as part of the Services, which we neither monitor nor control.
Such tools are provided "as is" and "as available" without warranties or endorsement of any kind. Your use of them is at your own discretion, and you should familiarise yourself with the relevant third party's terms.
New features or tools introduced in future will also form part of the Services and be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to websites operated by third parties. We are not responsible for the content or accuracy of third-party materials or websites. If you choose to access them, you do so at your own risk, and any complaints regarding third-party products or services should be directed to that third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Madeleine Clavel is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Highland Commerce Pty Ltd. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Highland Commerce Pty Ltd, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Highland Commerce Pty Ltd.
SECTION 10 – PRIVACY
All personal information we collect through the Services is handled in accordance with our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your use of the Services in order to provide and improve them. Information you submit may be transferred to and shared with Shopify and third parties located outside your country of residence, including outside the European Economic Area. Our Privacy Policy explains the safeguards that apply to such transfers and your rights under the General Data Protection Regulation.
SECTION 11 – REVIEWS AND FEEDBACK
If you submit ideas, suggestions, feedback, reviews or other content ("Feedback"), you grant us a worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium, including for commercial purposes. You may withdraw this permission by contacting us, and we will remove the Feedback within a reasonable period.
You confirm that: you own or have the necessary rights to the Feedback; you have disclosed any compensation or incentive received in connection with it; and it complies with these Terms.
We are not obliged to keep Feedback confidential, to pay for it, or to respond to it.
We may remove Feedback that we consider unlawful, offensive, defamatory, obscene, or in breach of a third party's rights or these Terms.
You must not use a false email address, impersonate another person, or mislead us or others as to the origin of any Feedback.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally information in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, delivery charges, transit times or availability. We may correct errors and update information at any time.
Where a pricing error is obvious and unmistakable, and could reasonably have been recognised by you as an error, we may cancel the order and refund you in full rather than supply at the incorrect price. Where an order has already been accepted and the error was not obvious, we will honour the price.
SECTION 13 – PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services: for any unlawful or malicious purpose; to violate any applicable law or regulation; to infringe our intellectual property rights or those of others; to harass, abuse, defame or harm any person; to transmit false or misleading information; to send unsolicited advertising or spam; to impersonate any person or entity; or to interfere with anyone else's use of the Services.
You also agree not to: upload viruses or malicious code; reproduce, duplicate, copy, resell or exploit any portion of the Services; collect or track the personal information of others; spam, phish, spider, crawl or scrape; or interfere with or circumvent security features of the Services.
We may suspend or terminate your account where you have materially breached these Terms. Where we do so, we will notify you and give you an opportunity to respond, unless we are prevented from doing so by law or the breach is serious enough to require immediate action.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services where you materially breach these Terms, or where we cease operating the store. Termination does not affect any orders already accepted, which we will fulfil or refund, and does not affect your statutory rights in relation to goods already purchased.
The following sections continue to apply following termination: Intellectual Property, Reviews and Feedback, Termination, Limitation of Liability, Severability, Waiver, Assignment, Governing Law, Privacy, and any other provisions that by their nature should survive.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information presented through the Services is provided for general information purposes. We do not warrant that it is complete or error-free, and we do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
This section does not affect the legal guarantee of conformity that applies to the goods we sell. Under Spanish law, we are liable for any lack of conformity that exists at the time of delivery for a period of three years. Nothing in these Terms excludes or limits that liability, or any other right you have as a consumer that cannot be excluded by law.
SECTION 16 – LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; defective products under applicable product liability law; the legal guarantee of conformity; or any other liability that cannot be excluded or limited under the law applicable to you as a consumer.
Subject to the above, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable, or for business losses, since we supply products for domestic and private use.
SECTION 17 – INDEMNIFICATION
If you use the Services in a way that materially breaches these Terms and this causes us to suffer loss or a claim from a third party, you agree to be responsible for the reasonable costs we incur as a direct result. This does not apply to ordinary use of the Services as a consumer, and does not limit your statutory rights.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be severed and the remaining provisions will continue in full force.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with our Privacy Policy and Returns & Refunds Policy, constitute the entire agreement between you and us in respect of your use of the Services.
SECTION 20 – ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer our rights and obligations under these Terms to another organisation, and will tell you in writing if we do. If you are unhappy with the transfer, you may contact us to cancel the contract within 30 days and receive a refund for any products paid for but not received.
SECTION 21 – GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the State of Victoria, Australia.
However, if you are a consumer habitually resident in the European Union, you also have the benefit of any mandatory provisions of the law of your country of residence, and nothing in these Terms deprives you of the protection afforded to you by those provisions. You may bring proceedings in respect of these Terms in the courts of the country in which you are resident.
SECTION 22 – HEADINGS
Headings are included for convenience only and do not affect the interpretation of these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page.
We may update or replace any part of these Terms by posting changes to our website. Changes apply to orders placed after the date of the change and do not apply retrospectively to contracts already concluded. We will notify you of material changes in accordance with applicable law.
SECTION 24 – COMPLAINTS AND DISPUTE RESOLUTION
If you have a complaint, please contact us first at help@madeleineclavel.com and we will do our best to resolve it directly.
You may also contact your local consumer information office (Oficina Municipal de Información al Consumidor, OMIC) or the Spanish consumer arbitration system (Sistema Arbitral de Consumo). Consumers resident in another EU country can contact the European Consumer Centre in their own country.
SECTION 25 – CONTACT INFORMATION
Store name: Madeleine Clavel
Company name: Highland Commerce Pty Ltd
Registered address: 5 Fairway Drive, Kew East VIC 3102, Australia
Warehouse Address: Carrer de Pau VI, 88, 08173 Sant Cugat del Vallès, Barcelona, Spain
ABN: 97 695 098 116
ACN: 695 098 116
Email: help@madeleineclavel.com
Phone Number: (+34) 632994022
Monday to Friday | 09:00 – 17:00 CET
We aim to respond within one business day.
Last updated: 3 August 2026