US Terms and Conditions

Many of the products displayed on our website can be found in our retail stores and outlets located throughout the United States and Puerto Rico. In certain instances, merchandise may be available for purchase exclusively through our Site. Products are subject to availability, as some of the displayed merchandise may be out-of-stock, discontinued, or unavailable in your size. Clarks does not represent or warrant that any products displayed on our Site will be available, through the Site or in any of our retail stores, at any specific time.

Clarks reserves the right to limit order quantities, or to refuse orders, without reason or prior notice. In the event such limitation or refusal occurs, we will attempt to get in touch with you using the contact information you provided to us. Customers of our Site are not authorized to purchase any items for resale purposes, nor are customers permitted to resell any products purchased through our Site. Orders placed by unauthorized vendors or resellers will not be honored.

Product pricing information

All prices are quoted in U.S. dollars and are subject to change. In the event of any typographical pricing errors, omissions, or inconsistencies, Clarks reserves the right to refuse or cancel any orders placed for products incorrectly priced, regardless of whether your credit card has been charged or a confirmation was sent. In the event that your credit card was charged for the incorrect amount and your order is cancelled, Clarks will reimburse your credit card for the full amount you were charged.

The prices and promotional offers displayed online may be different than the prices or promotional offers in our stores, and our pricing may differ from store to store and between channels (i.e. full price stores, outlet stores and online). For any purchase you make, you agree to pay the price applicable as of the time you place your order at the location you purchased.

When an item is on sale, we may use strikethrough prices to indicate the previous regular price for the item as required by law. We may disclose the “last offered” date to indicate the date on which that product was last offered by Clarks at that price.

Occasionally, we will offer special promotions to our customers. These may include a gift with purchase, free shipping, promo code, coupon, discount, or other promotional activity associated with a purchase. These offers may be for a limited time only and may be subject to additional terms and conditions.

Returns and gift cards

For more information regarding our Return Policy, please visit here. For more information about our Gift Cards, please visit here.

Eligibility

By using our Site, you represent and warrant that you are either 18 years of age, or if under the age of 18, that you are at least 13 years of age and have the knowledge and consent of your parent or legal guardian. You must be 18 years old to establish an account on the Site or to submit any User Generated Content or any other information on the Site. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements.

Colors

Clarks has made every effort to accurately display the colors of our products. The settings on your computer and the monitor that you use may affect the actual color that is displayed, and as such, we cannot guarantee that the colors you see will be accurate.

Trademarks

All trademarks, service marks, trade names and logos found on our Site are trademarks or registered trademarks of Clarks, our affiliates, or independent third parties, whose materials or technologies we legally integrate into various products found on our Site, or whose services we utilize to support our business operations. Clarks retains all rights in our trademarks and other intellectual property, as outlined by U.S. trademark laws and applicable international laws.

No license or right to use any of Clarks trademarks, service marks, trade names or logos is granted to you as a result of your visitation to our Site or agreement to these Terms. You agree not to use Clarks trademarks or other intellectual property in any manner without Clarks written authorization. Any unauthorized use of our trademarks or other intellectual property is strictly forbidden, and may result in legal liability.

Copyright infringement

Clarks respects the intellectual property rights of third parties. If you believe that anything on our Site infringes upon any copyright which you own or control, please notify us and provide the following information, in its entirety, as outlined in 17 U.S.C. § 512:

1. physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
2. a description of the copyrighted work or works that you claim have been infringed;
3. a description of where on our Site we can find the work or works that you claim have been infringed;
4. your name, address, telephone number, and e-mail address;
5. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent(s), or the law;
6. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner who has allegedly been infringed.

All notices should be sent to: C. & J. Clark Retail, Inc. Attn: General Counsel, 140 Kendrick Street, Needham, MA 02494. Please note that by sending the above information you are only notifying Clarks of any alleged infringements, you are not commencing any legal proceedings or claims.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

1. Your physical or electronic signature;

2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

4. Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Suffolk County, Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Content ownership

The collective content of our Site, including without limitation any design, text, pictorial or graphic components, is protected under U.S. copyright law and other laws. All content is provided solely for your personal and non-commercial use. Any commercial or derivative use of our Site is strictly prohibited, and this includes without limitation the distribution, modification, publication, sale or public display of any content obtained from our Site. Clarks reserves the right to protect our intellectual property and site contents to the fullest extent afforded to us by the law. All rights not expressly granted to you in these Terms are reserved and retained by Clarks and our suppliers and licensors.

User generated content

You are solely responsible for any comments, feedback, reviews, videos, images, photographs, information, suggestions, ideas, concepts, techniques, data, and other communications which you submit to our Site (“User Generated Content” or “Content”), and for any consequences that result from such submissions. Clarks expressly disclaims any and all liability in connection with User Generated Content.

All User Generated Content submitted to our Site shall be deemed non-proprietary and non-confidential. When you provide any User Generated Content to Clarks, you grant Clarks the right to use, reproduce, modify, publish, incorporate, exploit, develop and distribute such Content and any ideas contained therein, without restriction or cost, royalty-free, and through any medium now known or later developed in perpetuity worldwide. Clarks does not solicit or accept any ideas, proposals, concepts, materials, or suggestions for future products, services, marketing campaigns, or for anything else related to our company (“Business Ideas”). Business Ideas that you submit are considered User Generated Content, and thus they may be freely utilized or otherwise exploited by Clarks without restriction and without compensating you in any way. You are solely responsible for ensuring that the Content you submit complies with all laws and regulations, including without limitation those related to the intellectual property and privacy rights of third parties.

Clarks reserves the right to deny, remove, edit, or modify any User Generated Content at any time for any reason. Clarks may monitor and review the Content submitted to our Site, but we are under no obligation to do so. You understand that by accessing our Site you may be exposed to User Generated Content that is offensive, inaccurate, misleading or otherwise distasteful. Such Content is the sole responsibility of the third party from whom it was submitted and under no circumstance shall Clarks be liable for any User Generated Content or for any damages resulting from such Content. Clarks does not endorse any User Generated Content, or any thoughts, opinions, materials, or other information contained therein.

You hereby represent and warrant that (i) you own all rights including intellectual property rights in and to your Content submitted on the Site, (ii) you have permission from any person(s) appearing in your Content to grant the rights herein, and (iii) Clarks use of your Content will not violate the rights of any third party or any applicable law in any countries in the world. You hereby waive any and all moral rights in relation to your Content. You hereby release and discharge Clarks and all affiliate companies of Clarks, from all and any obligation to compensate you for any use of your Content as described above and any of the intellectual property rights contained therein; and you hereby further release, discharge and agree to hold Clarks and any person acting on Clarks’ behalf harmless from all claims, demands, losses, costs, expenses and liabilities whatsoever in connection with the use of your Content as described above.

Prohibited conduct

Clarks expressly prohibits certain conduct on our Site. We reserve the right to take measures to prevent any such activity. Any and all illegal, tortious, or otherwise unauthorized acts associated with your use of our Site will not be permitted. The following provides a list, without limitation, of conduct which is forbidden. All users of our Site agree not to:

• Violate any law or regulation.

• Violate, infringe, or misappropriate Clarks or another party’s intellectual property rights, privacy, publicity or other legal rights.

• Partake in any harassing, abusive, obscene, or otherwise intimidating conduct, whether through electronic or oral communications.

• Provide false or inaccurate information, regardless of whether it is your own or that of a third party.

• Interrupt, compromise, or otherwise interfere with our Site, or attempt to perform such acts.

• Access, or attempt to access, any data or other information which is not your own by way of entering into a secure Clarks server, account, file, or database. Any breach of security, whether successful or attempted, may result in criminal or civil liability.

• Upload or transmit any viruses, corrupted files or links, or any data which could potentially damage our Site, software, or equipment, or those of any third party.

• Use any means to scrape or crawl any web pages of our Site or any downloading, copying, or other use of the Site or for the benefit of any third party; or any use of data mining, robots, data gathering and extraction tools whether automatic or manual, or other means not purposely made available by us, including to develop or improve any software program, algorithm, or machine learning or artificial intelligence model.

• Post or submit User Generated Content which is unlawful, libelous, fraudulent, threatening, pornographic, obscene, defamatory, infringing of intellectual property rights, soliciting of business or services, or otherwise offensive to any third party.

• Post or submit User Generated Content in an excessive, disruptive, or repetitive manner.

• Access or use the member account of any third party, or attempt to perform such acts.

• Send unsolicited or unauthorized advertising or commercial communications, such as spam.

• Advocate, encourage, or assist any third party in doing any of the foregoing

Personal information

All personal information submitted through our Site will be governed in accordance with the terms of our Privacy Policy.

Password protection

Clarks allows you the option of becoming a registered member of our Site through the “My Account” feature. In order to set up your personal account, we require that you create a personal and confidential password. You are responsible for protecting the confidentiality of your password and maintaining control over who has access to your account. You agree to accept sole responsibility for any and all activities that occur under your account. In the event that your account has been compromised and your password wrongfully obtained, please notify Clarks immediately.

Linking

Our Site may contain links to third party websites not under Clarks’ control. Clarks has no responsibility for, and does not endorse, any linked websites. Such linked websites may have their own Terms of Use and Privacy Policies which govern your access and use of their websites. Clarks is not liable for any damages or obligations incurred as a result of your visitation to any third party websites. Certain third party websites may contain links to our Site. Clarks does not endorse any websites which offer links to our Site, nor are we affiliated with any such websites. In the event you have accessed our Site by clicking a link from a third party website, please understand that your visitation and use of our Site is governed by these Terms, not those of the third party website from where you came.

International users

Our Site is intended to be used from within the United States. Clarks does not represent or warrant that the materials found on our Site are appropriate for use outside of the United States. In the event you choose to access our Site from outside of the United States, you do so on your own accord and in full recognition of any local laws, regulations, or restrictions that may apply.

Disclaimer of warranties

Our Site, and the services that they herein provide, are provided “as is” and without warranties of any kind. To the fullest extent permitted by law, Clarks expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, and any warranties of title, or non-infringement, and those arising out of course of dealing or usage of trade. Clarks does not represent or warrant that our Site, or its function, downloadable materials, contents or any services that it herein provides, will be uninterrupted, error-free, virus-free, accurate, secure, complete, satisfactory, or cured of any defects. Clarks is not responsible for any damages to the maximum allowed by applicable law incurred as a result of your use of our Site, as your visitation and use of our Site is done at your own risk. In the event your jurisdiction does not allow for a disclaimer of implied warranties, the abovementioned disclaimer may not apply to you.

Limitation of liability

You assume all responsibility and risk associated with your use of our Site. To the fullest extent permitted by law, under no circumstances will Clarks, or any of its directors, employees, agents, affiliates, licensors, manufacturers, or suppliers, be liable for any consequential, indirect, special, incidental, or punitive damages related to the use of our Site or any linked websites, including but not limited to any lost profits or revenues, anticipated profits or revenues, lost data or business opportunities, website malfunctions, or other performance-related failures of our Site, personal injuries to you or any third party, or any other tangible or intangible losses or damages related to your use of the Site.

To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Force majeure

Under no circumstances will Clarks be held liable for any delay or failure in performance in whole or in part to any acts of nature, force majeure events, or other causes beyond its reasonable control.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Clarks, its directors, employees, agents, affiliates, licensors, manufacturers and suppliers from and against any and all claims, losses, liabilities, expenses, damages and costs, arising from or relating to your use of our Site, violation of these Terms, or violation of any third party rights. Clarks reserves the right to take control of any litigation matters, at our own expense, which may have a material effect on our organization, regardless of whether the matter qualifies for an indemnity. In the event Clarks takes control of such litigation, you agree to cooperate and participate as needed in the defense of such matters.

Severability

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of these Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

Browsing session information

We use technologies that maintain records of your browsing session, chats, and other activities on our Site. These technologies may include session replay that maintains a record of your interactions with our Site, chat providers that maintain a transcript of your chats, cookies, pixels, and other tracking technologies that share some of your interactions with our Site, as well as other technologies that collect and share your interactions with our Site. We use this information for quality control, customer service, fraud prevention and security, and marketing purposes in accordance with our Privacy Policy.

Conflict of terms

In the event there is a conflict or inconsistency between the provisions of these Terms and any other Clarks policies, notifications, or terms and conditions, these Terms shall control.

Assignments

These Terms are not intended to grant any right or benefit to any third party, nor are they intended to extend any obligations or liabilities to any third party. Under no circumstances may you assign your rights, obligations, or liabilities under these Terms to any third parties without the express written consent of Clarks. Clarks may assign its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or by operation of law.

Termination

This agreement, and these Terms, will remain in effect until terminated by either party. You or Clarks may terminate this agreement at any time, with or without notice. Clarks consequently reserves the right to deny, block, or prevent your access to our Site or any portion of our Site for any or no reason at all, and for as long as we deem necessary.

Choice of law

Except as otherwise described in these Terms, these Terms are governed by the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of law provisions. To the extent any action relating to the use of the Site, mobile applications, catalogs, or any transaction with Clarks is not required to be arbitrated or filed in small claims court in accordance with the Arbitration Agreement, all disputes or other actions arising from these Terms shall be adjudicated entirely in the federal courts of the Commonwealth of Massachusetts.

Informal dispute resolution

We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing at C. & J. Clark Retail, Inc. Attn: General Counsel,140 Kendrick Street, Needham, MA 02494, with the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an arbitration is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

Arbitration agreement & Waiver of certain rights

This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in american arbitration association (“aaa”) rules, and the right to certain remedies and forms of relief. Other rights that you or clarks would have in court also may not be available in arbitration.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of these Terms will survive the termination of your relationship with Clarks.

You and Clarks agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Clarks or you and a third-party agent of Clarks (a “Claim”) through binding and final arbitration instead of through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The AAA Rules are available at https://www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and Clarks agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.

The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim to C. & J. Clark Retail, Inc. Attn: General Counsel,140 Kendrick Street, Needham, MA 02494. This letter must be sent at least ten (10) days before you initiate an arbitration proceeding against us.

Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Clarks will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Notwithstanding the foregoing, if your attorney is paying the administrative costs, filings fees, arbitrator fees, and other associated arbitral costs on your behalf, and your attorneys’ may recover all or a portion of those fees only if you obtain an award in the arbitration, your attorney must evenly split all costs with us initially. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or Clarks from seeking action by federal, state, or local government agencies. You and Clarks also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph.

In addition, you and Clarks retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor Clarks may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated, or representative basis. The arbitrator can decide only your and/or Clarks individual Claims. If for any reason a claim proceeds in court rather than in arbitration, you and Clarks each waive any right to a jury trial. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.