Terms and Conditions of Sale

Preamble

Purpose and scope

These Terms and Conditions of Sale (hereinafter "T&C Sale") govern all commercial transactions carried out on the CLOWOO mobile application, available on iOS (App Store) and Android (Google Play), published by CLEMS BROADCAST, a company based in Draveil 91210, France (hereinafter "the Company").

Strictly national transactionsAll transactions on the Platform (C2C sales, Creator Service orders, exchanges and donations) are strictly national. The Platform technically requires that the Buyer and Seller, or the Client and Creator, reside in the same country. Prices are denominated and payments made in the legal currency of the User's country of residence. No cross-border transactions between Users from different countries are possible.

These T&C cover two types of transactions: (i) the C2C Marketplace allowing the sale, exchange and donation of fashion items between individuals, and (ii) Creator Service Orders allowing qualified users to offer craft and creative services in the field of fashion.

By proceeding with any purchase, order or transaction via the Platform, the user unreservedly accepts these T&C. If the user does not accept these conditions, they must refrain from any transaction on the Platform.

These T&C comply with Regulation (EU) 2016/679 (GDPR), Directive 2019/771/EU on contracts for the sale of goods, Directive 2011/83/EU on consumer rights, Regulation (EU) 2022/2065 (Digital Services Act) and Directive 2021/514/EU (DAC7).
Article 1

Definitions

TermDefinition
PlatformThe CLOWOO mobile application, available on iOS (App Store) and Android (Google Play). Transactions are strictly national: buyers and sellers must be residents of the same country.
UserAny adult natural person (18 years or older) who has created an account on the Platform.
CreatorA User whose creator account application has been approved by the Company after manual verification.
ClientA User who orders a Service from a Creator or makes a purchase on the C2C Marketplace.
C2C SellerA User offering items from their personal wardrobe for sale, exchange or donation on the Marketplace.
ServiceA service offered by a Creator (bespoke, alterations, styling, embroidery, makeover, capsule wardrobe, etc.).
Service OrderA contract concluded between a Client and a Creator via the Platform for the completion of a Service.
Final PriceThe amount of the quote accepted by the Client, as proposed by the Creator.
Service Commission15% (excl. tax) of the Final Price, deducted by the Company from each paid Service transaction.
C2C Commission5% (excl. tax) of the sale price, deducted by the Company from each item sale between individuals.
Stripe / Stripe ConnectPayment service provider (PSP) used by the Platform for secure transaction processing.
Article 2

Account access and creation

2.1 General access conditions

Access to the Platform and its transactional features is reserved for adult natural persons (18 years or older) acting in a personal capacity. Any use for regular and large-scale commercial purposes is subject to the provisions of Article 17 (DAC7 Obligations).

By creating an account, the user guarantees the accuracy of the information provided and undertakes to keep it up to date. Any identity theft or provision of false information constitutes a serious breach that may result in immediate account termination and legal proceedings.

2.2 Creator account qualification procedure

Creator status is not automatically accessible. It is subject to a manual verification process by the Company comprising:

  • Submission of a complete file: artist name, biography, specialities, portfolio, links to social networks and cover letter;
  • Review of the file within 48 to 72 business hours;
  • Notification of the decision (approval or reasoned refusal) by email;
  • In case of refusal, possibility to resubmit after 30 calendar days.

The Company reserves the right to suspend or revoke Creator status in the event of breach of these GTS, fraudulent behaviour, recurring unresolved disputes or third-party complaints for counterfeiting or unfair practices.

Article 3

C2C Marketplace: sale, exchange and donation

3.1 Nature of C2C transactions

The CLOWOO Marketplace enables any registered User to offer fashion items from their personal wardrobe for sale, exchange or donation. These transactions are concluded directly between individuals, with the Company acting as host and technical intermediary within the meaning of French Law No. 2004-575 of 21 June 2004 (LCEN) and Regulation (EU) 2022/2065 (DSA).

The Company is not a party to the sales contracts concluded between Users. It cannot be held liable for the conformity, authenticity or quality of listed items, or for the solvency or good faith of Users.

3.2 Listing items

The C2C Seller is solely responsible for the description, photographs, price and terms of sale of their items. In this regard:

  • Items must be clearly described: actual condition (new, very good condition, good condition, acceptable condition), size, material, brand, any defects;
  • Photographs must faithfully represent the offered item. Misleading montages are prohibited;
  • Prices are freely set by the Seller, denominated in the legal currency of their country of residence, as detected and displayed by the Platform;
  • Strictly prohibited: counterfeits, dangerous or unsanitary items, regulated products, items infringing third-party intellectual property rights.

3.3 Sale between individuals

The sale is concluded upon acceptance by the Buyer and effective payment via Stripe. The Company charges a 5% (excl. tax) commission on the sale price, deducted from the payment to the Seller. Delivery costs are borne by the Buyer and managed via Sendcloud.

A Buyer Protection system is in place: payment is held in escrow until satisfactory receipt confirmation. If no confirmation is received within 14 days of confirmed dispatch, the order is automatically validated and payment transferred to the Seller.

Right of withdrawal: a 14-day right of withdrawal applies to transactions between a professional and a consumer. Any C2C Seller exceeding the thresholds in Article 17 may be classified as a de facto professional seller, in which case the 14-day right of withdrawal applies by operation of law.

3.4 Item exchange (swap)

The exchange feature enables two Users to mutually agree to swap their respective items with no financial flow between them. The Platform charges a flat-rate contribution per member involved in the exchange, denominated in the legal currency of the participants' country of residence. The exact amount is displayed in the application before confirming the exchange.

The exchange is concluded when both Users have explicitly confirmed the terms via the dedicated interface. Shipping costs are borne by each member for the item they send, unless otherwise agreed and documented.

3.5 Item donation

Donation enables a User (Donor) to make an item available to another User (Recipient) without financial consideration or exchange obligation. Shipping costs are borne by the Donor, unless otherwise agreed and documented via the Platform's messaging system.

Donation is a definitive unilateral act. No refund or return is provided, except by express agreement between the parties.

Article 4

Creator Services and Service Orders

4.1 Nature of Services

Creators offer personal services in the field of fashion and textiles (bespoke, alterations, styling, embroidery, makeover, capsule wardrobe, etc.). These services are provided by the Creator independently and under their sole responsibility. The Company acts as an intermediary for referral and payment management.

4.2 Service Order Process

1
Brief submittedThe Client submits a detailed brief describing their request, with or without measurements and/or a photo of the relevant item.
2
Quote proposedThe Creator reviews the request and proposes a Final Price via a quote within 48 to 72 hours.
3
Quote acceptedThe Client accepts the quote. The order moves to "Awaiting payment" status.
4
In progressPayment is confirmed by Stripe. The Creator carries out the service.
5
Proof photosBefore dispatch, the Creator uploads 1 to 3 photos of the completed work (mandatory).
6
DeliveredThe item is dispatched. The Client has 30 days to confirm receipt or open a dispute.
7
ValidatedReceipt confirmed by the Client (or automatic validation after 30 days). Payment transferred to the Creator within 48 hours.
Prerequisite: to order a Service, the Client must first follow the Creator on the Platform.

4.3 Creator obligations

  • Carry out the service in accordance with the accepted brief and within the timeframe stated in the quote;
  • Upload 1 to 3 proof photos before any dispatch, failing which payment will be blocked;
  • Dispatch the order within a reasonable time after the photos are validated;
  • Respond to the Client's messages within 48 business hours;
  • Have a valid Stripe Connect account to receive payments.

4.4 Administrative, tax and social status

The Creator carries out their activity on the Platform on an independent basis, under their sole responsibility. They are responsible for complying with all administrative, tax and social obligations arising from this activity:

  • Registration: where the activity is carried out on a regular or habitual basis, the Creator is required to register with the competent authorities in their country of residence. In France, this includes registering as a micro-entrepreneur (auto-entrepreneur) or under any other appropriate legal form via the INPI single window, and obtaining a SIRET number. In the context of its DAC7 obligations, the Company may request that the Creator provide their SIRET number or equivalent tax identifier.
  • Income declaration: amounts received via the Platform constitute taxable professional income. The Creator is solely responsible for declaring them to the competent tax authority.
  • VAT: Creators benefiting from VAT exemption (franchise en base) are not required to charge VAT while their annual turnover remains below the applicable legal thresholds. Any Creator exceeding the applicable VAT registration threshold must notify the Company immediately at users_support@clowoo.com. Final Prices displayed by VAT-registered Creators are deemed inclusive of all taxes. The Company does not collect VAT on behalf of Creators.
  • Social contributions: the Creator is responsible for paying their social contributions to the competent bodies in their country of residence.
The Company bears no responsibility for any failure by the Creator to register, declare income, pay social contributions, or comply with any other legal obligation. Exceeding the DAC7 thresholds defined in Article 17 may constitute evidence of regular activity triggering a registration obligation.
Article 5

Pricing, Commission and Payment Terms

5.1 Price formation

The base price of Services is displayed as an indication on the Creator's profile. The Final Price is determined by the quote accepted by the Client. This Final Price is the amount charged to the Client and constitutes the basis for calculating the Service Commission.

5.2 Applicable commissions

Transaction typeClowoo CommissionCalculation basis
Creator Service Order15% (excl. tax)Accepted Final Price (quote)
C2C item sale5% (excl. tax)Listed sale price
Item exchange (swap)Amount displayed in national currencyFlat-rate contribution per participant
Item donationNo commission
Example: for a Final Price of 100 units (in national currency), the Clowoo Commission is 15 units (15%). The Creator receives 85 units. Transactions being strictly national, buyer and seller always operate in the same currency.

5.3 Payment methods

Payments are processed exclusively via Stripe Checkout, an authorised payment service provider. The Company stores no banking data. The Client is redirected to a secure Stripe interface to complete payment by bank card (Visa, Mastercard, CB) or any other payment method accepted by Stripe.

5.4 Payment to the Creator

The amount due to the Creator (Final Price minus Service Commission) is paid by Stripe Connect transfer to the Creator's registered bank account within 48 hours following receipt confirmation by the Client or automatic validation.

The Creator must have completed the Stripe Connect onboarding process. In the absence of a valid Stripe Connect account, payment is suspended and the Creator is notified by email and in-app notification.

5.5 Automatic validation

If the Client does not confirm receipt and does not open a dispute within 30 calendar days following confirmed delivery, the order is automatically validated and payment transferred to the Creator. The Client is notified at least 72 hours before automatic validation.

Article 6

Right of Withdrawal

6.1 Legal principle

In accordance with applicable consumer protection law, the consumer has 14 calendar days to exercise their right of withdrawal from the conclusion of the service contract, without having to give reasons or pay penalties.

6.2 Express waiver for Service Orders

In accordance with applicable law, the right of withdrawal cannot be exercised for service contracts fully performed before the end of the withdrawal period when performance has begun with the consumer's prior express agreement.

Before any payment of a Service Order, the Client must mandatorily tick the following consent box:

The date and time of consent are recorded in the system and constitute admissible evidence. Ticking this box is mandatory to validate the order.

6.3 Right of withdrawal for C2C sales

In the context of transactions between occasional individuals, the statutory 14-day right of withdrawal does not apply by operation of law. However, any C2C Seller falling outside the DAC7 exclusion defined in Article 17 may be classified as a de facto professional seller, in which case the right of withdrawal applies in full.

Article 7

Disputes, Claims and Warranties

7.1 Reporting a problem

In the event of a problem found after receipt of a Service Order (work not conforming to the brief, damaged item, non-receipt), the Client may open a dispute from the order detail screen during the 30-day validation period. After this period, automatic validation is irreversible.

For C2C purchases, the Client must report any problem within 14 days of the delivery date or estimated delivery date.

7.2 Amicable resolution procedure

Opening a dispute reopens the encrypted messaging channel between the Client and the Creator / C2C Seller. The parties have 14 days to reach an amicable agreement. The Creator or Seller may mark the dispute as resolved, which triggers payment within 48 hours.

7.3 Company intervention

In the event of persistent disagreement, manifest fraud or proven non-performance, the Company may intervene as last-resort arbitrator and reserves the right to:

  • Proceed with a full or partial refund to the Client via Stripe;
  • Retain all or part of the payment during the investigation;
  • Suspend or delete the account of the Creator or Seller involved.

7.4 Statutory conformity guarantee

In accordance with applicable consumer law (transposing Directive 2019/771/EU), where a C2C Seller is classified as a de facto professional, the Client benefits from the statutory conformity guarantee of 2 years from delivery of the item.

For Creator Service Orders, conformity guarantee liability rests with the Creator. The Company facilitates dispute resolution without incurring direct liability.

Article 8

Proof photos for Service Orders

Before any dispatch of a Service Order, the Creator is required to upload between 1 and 3 photos of their completed work (finished article, ready to dispatch). This obligation is a condition precedent to payment of the Creator's fee.

These photos are:

  • Automatically timestamped upon upload;
  • Accessible to the Client and Creator in the order detail screen;
  • Retained for 3 years from the order date;
  • Admissible between the parties in the event of a dispute.

These photos attest to the condition of the item at the time of dispatch but do not constitute an absolute guarantee of conformity. They may be reviewed by the Company in the event of dispute arbitration.

Article 9

Measurements and Sensitive Personal Data

In the context of a Service Order requiring body measurements, the Client may choose to share their measurements with the Creator. This sharing is:

  • Strictly optional and subject to explicit consent via a dedicated toggle in the order form;
  • Limited to the Creator concerned by the order;
  • Revocable at any time by not ticking the option in a new order;
  • Processed in accordance with the GDPR, as body data constitutes sensitive personal data.

Data that may be shared includes: height, weight, bust, waist, hips, shoulders, inseam, neck, arm length, calculated size. The legal basis for processing is the user's consent (Art. 6.1.a GDPR).

Article 10

Premium Subscription

The Platform offers an optional paid subscription ("Premium"). The reference prices are as follows:

PlanReference price (France)Details
Monthly€4.99 incl. tax per monthCancellable at any time, free of charge
Annual€39.99 incl. tax per yearSaving of approximately 33% compared to the monthly plan
Free trial30 days freeOffered to all new users upon registration. No commitment, no charge without explicit subscription at the end of the trial.
The prices shown are reference prices applicable in France, in euros including all taxes. For Users residing in other countries, prices are converted and displayed in the legal currency of the country of residence at the time of subscription.

The Premium subscription gives access to advanced features: free donations, additional exchanges, Premium badge, priority support access and monthly boosts. The full list of benefits is available in the application.

Subscription payments are processed by Stripe. The subscriber has a 14-day right of withdrawal from the date of subscription, unless expressly waived. After this period, payments are non-refundable, except in the event of a manifest billing error by the Company.

Cancellation takes effect at the end of the current subscription period. The user retains access to Premium features until the expiry date, with no automatic renewal if cancellation has been confirmed before that date.

Article 11

Messaging and Communications

The Platform provides an encrypted messaging system (AES-256-GCM) between the Client and the Creator, activated from the time of order payment. This channel remains open:

  • Throughout the performance of the service (statuses: in progress, delivered);
  • For 14 days after receipt validation;
  • During any open dispute and until 7 days after its resolution.

Messages are end-to-end encrypted and are not read by the Company, except in the context of legal proceedings or a dispute intervention expressly requested by one of the parties. Messages are retained for 1 year after the end of the transaction.

Article 12

Intellectual Property

All elements constituting the Platform (logo, interface, source code, algorithms, editorial content, database) are the exclusive property of CLEMS BROADCAST and are protected by French and international intellectual property laws, including the French Intellectual Property Code and Directive 2001/29/EC.

Creators retain full intellectual property rights over their creations. By publishing them, they grant the Company a non-exclusive, worldwide, royalty-free and sub-licensable licence for the following purposes: display on the Platform, promotion on social networks (with mention of the Creator's username), indexing by search engines.

It is prohibited to reproduce, copy, sell, extract or exploit any element of the Platform without prior written authorisation from the Company.

Article 13

Liability

13.1 Company liability

The Company cannot be held liable for:

  • The quality, conformity or delivery times of services performed by Creators;
  • The conformity, authenticity or quality of items listed by C2C Sellers;
  • Damages resulting from a service interruption or force majeure events;
  • Damages resulting from fraudulent or unauthorised use of a User's account.

The Company's liability is limited to the amount actually received in connection with the transaction giving rise to the dispute.

13.2 Creator liability

The Creator is solely responsible for the quality, conformity and delivery times of the Services they offer. Any complaint relating to the service must first be addressed to the Creator via the Platform's dispute mechanism.

13.3 Client liability

The Client undertakes to provide a clear, complete and non-misleading brief, accurate and up-to-date delivery information, and to confirm or report any problem within the stipulated timeframes.

Article 14

Account Suspension and Termination

The Company reserves the right to suspend or delete any user account in the event of:

  • Breach of these GTS or the General Terms of Use;
  • Fraudulent behaviour, identity theft, fraud or attempting to bypass payment systems;
  • Repeated and substantiated reports by other Users;
  • Recurring failure to meet delivery deadlines without justification (Creators);
  • Prolonged inactivity of more than 24 consecutive months;
  • Non-compliance with DAC7 obligations (Article 17).

In the event of suspension for serious misconduct (fraud, deceit, counterfeiting), any sums owed may be withheld during the investigation period, without prejudice to legal proceedings.

Before any suspension not related to serious misconduct, the Company will inform the User by email with 15 days' notice. In the event of proven serious misconduct, suspension may be immediate and without notice.

The user may request deletion of their account from the application settings. Deletion results in erasure of all personal data in accordance with the GDPR, subject to legal retention obligations (5 years for accounting data, 3 years for contractual evidence).

Article 15

Moderation and DSA Obligations

In accordance with Regulation (EU) 2022/2065 (Digital Services Act, DSA), the Company establishes:

  • An illegal content reporting system accessible from each listing or profile;
  • A procedure for processing reports within a reasonable timeframe, with notification to the reporting User;
  • An internal appeals mechanism enabling moderation decisions to be challenged within 6 months;
  • Publication of an annual transparency report on moderation activities, in accordance with Article 15 of the DSA.

The Company fully cooperates with French and European judicial and administrative authorities. Any content violating the law is removed upon detection or report.

Article 16

Amendment of T&C

The Company reserves the right to modify these GTS at any time. Any substantial modification affecting Users' rights will be notified by email and/or in-app notification with a minimum notice of 15 calendar days before it takes effect.

Continued use of the Platform after the new GTS take effect constitutes acceptance. In case of disagreement, the User may close their account free of charge before the effective date.

The current version of the GTS is always accessible in the application and on the Company's website.

Article 17

DAC7 obligations and tax reporting

In accordance with European Directive 2021/514/EU (DAC7), the Company is subject to automatic reporting obligations to tax authorities.

17.1 Exclusion mechanism and reporting thresholds

In accordance with applicable transposing legislation, the Company is not required to report a Seller who simultaneously meets both of the following conditions during the calendar year:

Exclusion conditionValueDetails
Number of item sales madeFewer than 30 transactionsApplies only to item sales (C2C Marketplace). Creator Service orders are not counted in this criterion.
Total gross consideration receivedLess than 2,000 units in national currency (€2,000 in France)Calculated on the total gross amount paid by buyers, before deduction of the Clowoo commission. This is not the net revenue received by the Seller.
Both conditions must be met cumulatively to benefit from the exclusion. A Seller who exceeds either of these limits — even without exceeding the other — falls outside the exclusion and is subject to automatic reporting by the Company to the competent tax authority.

Any Seller not benefiting from the exclusion above is automatically reported to the competent tax authority of their country of residence, in accordance with the DAC7 obligations transposed in each Member State.

A Seller falling outside the DAC7 exclusion may be classified as a de facto professional seller, resulting in additional legal obligations in their country of residence: the 14-day right of withdrawal for buyers, a 2-year statutory conformity guarantee, and, where applicable, pre-contractual information obligations. Transactions remaining strictly national, the applicable rules are those of the country where the transaction is concluded.

Each User is responsible for declaring their income from the Platform in their tax return, in accordance with the tax legislation of their country of residence. The Company cannot be held liable for the individual tax obligations of its Users.

Article 18

Mediation and Dispute Resolution

18.1 Prior amicable resolution

In the event of a dispute, the User must, before any legal proceedings, contact customer service:

The Company undertakes to respond to any complaint within 48 to 72 business hours.

18.2 Consumer mediation

In accordance with applicable consumer law, the Company offers a free mediation system for consumers. The Consumer may also use the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

18.3 Competent jurisdiction

In the absence of an amicable agreement within 30 days, any dispute between the Company and a professional User will be subject to the exclusive jurisdiction of the courts in the jurisdiction of CLEMS BROADCAST's registered office, located in Draveil, Essonne (91210). As transactions are strictly national, disputes between Users are governed by the law of the country where the transaction was concluded.

For disputes involving a Consumer, the competent courts are those of the Consumer's domicile, in accordance with applicable consumer law.

Article 19

Applicable Law

These GTS are governed by French law. They are interpreted in accordance with the provisions of the French Civil Code, Consumer Code, Commercial Code and applicable European regulations.

As transactions are strictly national and technically limited to Users of the same country by the Platform, each transaction is governed by the law of the parties' country of residence. For Users residing in the European Union, the mandatory consumer protection provisions of their State of residence apply by operation of law, in accordance with Regulation (EC) No. 593/2008 (Rome I).

Article 20

Contact and Support

ChannelContact details
User supportusers_support@clowoo.com (response time: 48 to 72 business hours)
Administrative / Legalprivacy@clowoo.com
Data protection (GDPR)privacy@clowoo.com
Postal addressCLEMS BROADCAST, Draveil 91210, France

Document established on 10 June 2026, Version 1.1. CLEMS BROADCAST, Draveil 91210, France.