PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE FI WEBSITE SITUATED AT WWW.FASHIONOFIRELAND.IE .(“WEBSITE”) AND BY ACCESSING THE WEBSITE AND USING THE SERVICES ON IT YOU, AS EITHER A BUYER OR A DESIGNER (AS DEFINED BELOW) (“YOU”), ARE FORMING A CONTRACT AND AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN PLEASE DO NOT USE THE APPLICATION.
TERMS AND CONDITIONS:
- Provision of the Service and How to Contact us
Fi provides an online means for designers to sell (“Designers”) and buyers to buy high end bespoke fashion products (“Service(s))”.
Full contact details for Fi are as follows:
- Contact Address: 2 Woodland View, High Street, Cork City, Co. Cork, Ireland
- Email Address: firstname.lastname@example.org
- Telephone Number: +353 86 075 5480
- Licences Granted
You acknowledge that the licence You have granted to Fi under this Agreement to use any content you submit (“Content”) entitles Fi to, a) use and publicly display the Content which may include press releases, marketing materials and any products and/or services associated with the business of FI which shall include but not be limited to the Website, b) disclose that Content to third parties for the production of your purchase order, c) to use for measurement and business purposes which for the avoidance of any doubt may include posting on social networking sites such as Facebook and Twitter and/or other mediums for marketing and promotion and other such business activities.
Fi hereby grants to You a non-exclusive, revocable, non sub-licensable, non-transferable license to use the Website however, and notwithstanding that permission You hereby acknowledge that all copyright, database rights, website design, trade and service marks, logos and/or names, design rights, know how and all other intellectual property rights (including any material used on the Website such as photographs and videos of goods etc) (“Intellectual Property”) in each case whether registered or not belong to Fi (or applicable licensors) and may not be used in any way whatsoever without the prior and written consent of Fi.
Fi respects your right to privacy and has a strict policy of complying with the terms of the Data Protection Acts 1988 and 2003. As referred to under clause 2 above, at certain times, and as a result of your interaction with the Website Fi may hold and process personal information obtained about You for the purposes providing You with the Service. By registering with and/or using the Website You consent to this collection and use of your information. Content whatsoever.
Please note that we may also use your details to send You information about our products and/or services - if at any time You do not wish to receive such information please contact us at email@example.com or by post at the above address and we shall immediately cease such communication.
- Warranties and Indemnity and Storage of Content
Fi warrants that it will use all reasonable skill and care in the provision of the Service but makes no warranty that the Website is free from viruses or anything else that has contaminating and/or destructive properties. It is always your responsibility to adopt appropriate back-up, firewall and other precautionary security measures. You warrant and represent that You are the owner or licensee of any Content that You upload, record or otherwise transmit through the Service. You warrant and represent that You shall not publish, post, upload, record or otherwise transmit anything that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is materially false, misleading or inaccurate.
You agree not to: (1) use the Service in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others; (3) knowingly interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (5) use the Service for any illegal purposes whatsoever.
You agree to fully indemnify Fi, all third party advertisers and/or other partners from and against all claims, liabilities, costs and expenses (including but not limited to legal fees) arising out of your use of the Service or related to any breach of this Agreement. In addition, You agree to not settle any matter or third party claim without the prior written consent of Fi.
Please note that Fi will not be responsible for the storage and/or back up of any Content (which for the avoidance of any doubt shall include videos/images/photographs) used by the Service and You should make your own arrangements for the storage and/or back-up of any such Content
- Service Availability and Limitation of liability
The Service is provided on an “as is” basis and all conditions and warranties or representations whether express or implied are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.
Fi fully reserves the right to modify, withdraw, suspend or restrict the availability of the Service or any part of it and without notice to You – for the avoidance of doubt, your order only constitutes an offer to purchase goods from us and does not form a legally binding contract until accepted by us by way of an emailed acknowledgement to the email address supplied in your registration.
To the maximum extent permitted by law, Fi shall not be liable to You (and for the avoidance of any doubt, “You” shall include use of the Website by Designers) for the use or inability to use the Service, whether in contract, tort (including negligence) or otherwise for:
- any indirect, consequential or special loss or damage whatsoever (even if advised of the possibility of such damages);
- any loss of profit, loss of anticipated savings, loss of business, loss of goodwill, loss of data or other such financial or business loss or damage; or
- any other loss or damage in an amount exceeding €50.00 (fifty Euro) in the 12 months preceding the date on which such liability arose.
- Delivery and Returns and General Terms
Delivery times provided to You in respect of your order are approximate only and are dependent on a number of factors outside of Fi’s control, and due to the nature of the bespoke items being ordered, are always subject to availability.
In the event that You consider the goods You have purchased are faulty or not fit for purpose in some way or, You simply change your mind then please contact Fi firstname.lastname@example.org and Fi will provide you with return instructions.
You must return the goods back direct to the Designer (using the address details provided by Fi – for the avoidance of doubt, do not return them to Fi, they must be returned to the Designer direct) within 14 days of receipt of the goods – the Designer, following inspection of the goods should follow a strict policy of repair, replace and finally, refund under the terms of the Sale of Goods and Supply of Services Act 1980 if You had sent the goods back because they were faulty.
If you returned the goods because you changed your mind about the purchase then you must pay for the cost of shipping, but, if the goods were faulty then you are not responsible for any standard delivery costs you may have paid, and you should be refunded those amounts by Fi.
Please note that You are required to take good care of the goods and You may be liable for the reduced value of goods caused by handling them beyond what’s necessary to be sure they work and are what you ordered. You should receive a refund from Fi within 14 days of cancellation, but Fi can wait to refund You until You have returned the item or have proof of return postage.
Custom/bespoke garments may be ordered from time to time with certain Designers – please contact Fi direct to discuss. Once a bespoke/custom order has been placed and paid for and subsequently processed, it cannot be cancelled unless agreed in advance and in writing with Fi who reserves the right to charge a cancellation fee – this is due to the individual nature of a custom order which cannot then readily be re-sold.
Please note that all items purchased using this Website are designed by Irish designers and mostly made in Ireland using ethical and sustainable fashion practices – as a result, the Designers may run out of stock from time to time. Fi will engage with the Designers to ensure that items are replaced as quickly as possible and will inform buyers via the Website when such items are available to purchase once more.
In the event of a dispute over the colour and/or styling etc of any item sold, the record on Fi’s ordering system and which was communicated to You via email shall take priority and shall be final.
All notices shall be given to Fi via e-mail at email@example.com or by post to Fi’s land address as set out under clause 1 of this Agreement.
The Service may contain links to websites and other resources however Fi shall not be responsible and shall not be held liable for the availability or content of these resources. No endorsement or approval of any such third party websites, their advice, opinions, information, products or services is expressed or implied by any information on the Website or elsewhere via the provision of the Service and where we provide links to other websites it is done for your convenience only and shall be at your own risk and we shall not be liable for any damages arising in connection therewith.
This Agreement and your access to the Service may be terminated by Fi at any time or by written notice if (in the sole opinion of Fi) You are in breach of this Agreement and the breach is not properly remedied (which shall also be decided in the sole discretion of Fi) within the period of 7 days after written notice of the breach has been given to You. Please note that You may terminate this Agreement at any time and without having to provide Fi with a reason.
In the event either side terminates this Agreement, permission for one party to use the other party’s Content and Intellectual Property shall be IMMEDIATELY rescinded (for the avoidance of any doubt this means in particular photos and videos), however, You acknowledge that any Content previously posted via the Service may have already been used by third parties (such as Facebook and/or Twitter etc) and posted on other sites and/or feeds – in such situations it is not possible and neither is it the responsibility of Fi to ensure their take-down and/or deletion and Fi assumes no liability whatsoever for the same.
- Dispute Resolution
Should there be any dispute arising out of this Agreement the parties shall use every effort to agree it informally, however, if that fails to resolve the matter then on the written request of any party it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator, the Dublin office of the International Centre for Dispute (“ICDR”) Resolution shall appoint a single independent mediator in accordance with the rules of the ICDR. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be Dublin, Ireland. In the event that within a period of 30 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Irish Courts.
- General, Applicable Law and Jurisdiction
No failure or delay on the part of Fi relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
Fi shall be under no liability to You in respect of anything, which notwithstanding this provision, may constitute a breach of this Agreement arising by reason of force majeure which includes Act of God and failure of third party delivery agents.
This Agreement (which shall incorporate the Fi privacy and other policies and/or procedures) contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither You nor Fi shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides.
If any parts of this Agreement are held to be invalid, the remaining parts of the Agreement will continue to be valid and enforceable. In the event of any inconsistency between the terms of this Agreement and/or any other third party terms and conditions the terms of this Agreement shall prevail.
This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Ireland and shall be subject to the exclusive jurisdiction of the Irish courts.