- Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account”means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User” means a user of Our Site;
“We/Us/Our” means Pattern Textiles, a company registered in England under 5577006, whose registered address and main trading address is Unit 206, 15 Pundersons Gardens, London E2 9QG.
“Collection” means the collection of prints available to buy on the Site under the heading Collection;
“Design” means an artwork created by Us that we own the intellectual property rights to.
- Information About Us
2.1 Our Site, www.patterntextiles.co.uk, is owned and operated by Pattern Textiles, a limited company registered in England under 5577006, whose registered address and whose main trading address isUnit 206, 15 Pundersons Gardens, London E2 9QG. Our VAT number is 872568289.
- Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1 Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to contact us so that we can make the necessary amendments.
4.4 We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at firstname.lastname@example.org. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.
- Terms of Sale (shopping Our Online Collection)
5.1 In order to shop Our online Collection you will need to create an Account (see Clause 4.).
5.1.1 The Collection area of Our Site is only available to industry professionals who are intending to ultimately purchase prints. We may contact you after registering on Our Site to discuss your application before we are able to grant access. We reserve the right to decline applications.
5.1.2 Please refer to our Privacy and Cookies Policy for information as to how we collect, store and use personal data gathered during the application process.
5.1.3 We reserve the right to block a User’s account if we suspect misuse in order to prevent design theft and potential copyright infringement. We monitor accounts for patterns of frequent browsing and limited purchasing.
5.1.4 After registering successful applicants will be notified by email.
5.2.1 Users should add chosen designs to their basket and proceed to the checkout.
5.2.2 When purchasing a design Users will receive a layered, high resolution PSD file in suggested repeat and a digitally printed silk sample in suggested garment shape. Delivery of the printed sample may be subject to P&P (see Clause 5.2.8). Intellectual property rights to any purchased designs will not be deemed as transferred to the User until We have received full payment for the associated invoice.
5.2.3 We do not currently accept payments online but invoices, once issued, may be settled by card alongside other payment methods. Placed orders will generate an email to Our Sales Team who will promptly contact the User to issue an invoice, discuss price/payment, arrange delivery of digital files and/or fabric samples and otherwise finalise the purchase.
5.2.4 Designs displayed in the Collection are simultaneously available for purchase in person from Our sales team and there may, on rare occasions, be a time when a design becomes unavailable for purchase before it has been removed from the Collection on Our Site. Should this occur we will notify the User as soon as possible.
5.2.5 Prices are available on application, please email email@example.com discuss.
5.2.6 Orders placed outside of business hours will be processed the next working day.
5.2.7 Once a User has signed an invoice for an order and received digital and/or fabric artwork the order is complete and no returns or exchanges will be made.
5.2.8 We will send digital files via a digital transfer service. Accompanying fabric artwork can posted upon request or dropped off at a forth coming sales appointment. Please specify the correct email/postal addresses to the sales team when finalising your order. Posting of fabric artwork will incur P&P charges. Please contact the sales team for a quote.
5.3 Design descriptions
5.3.1 We have made every effort to ensure that the images of the designs in the Collection are plentiful, clear and accurate in colour so that Users may be confident in their choices. The thumbnails on the Collection homepage show a zoomed image of each design to enable users to quickly assess the prints. Clicking on a design will reveal a further zoomed image and also an image of the entire design. Users should be aware that colour can vary between monitors and We can not guarantee that the colours in the digital file will exactly match those on a particular monitor.
5.4 Copyright in Our Designs
5.4.1 We own the intellectual property rights to all designs displayed in Our online Collection.
- Intellectual Property Rights
6.1 AllContent included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
6.2 Subject to sub-Clauses 6.3 and 6.6, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
6.3 You may:
6.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
6.3.2 Download Our Site (or any part of it) for caching;
6.3.3 Print one copy of andpage(s) from Our Site;
6.3.4 Download extracts from pages on Our Site; and
6.3.5 Save pages from Our Site for later and/or offline viewing.
6.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
6.5 You may not re-use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.
6.6 Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
- Links to Our Site
7.2 You may not link to any page other than the homepage of Our Site, www.patterntextiles.co.uk. Deep-linking to other pages requires Our express written permission. Please contact Us at firstname.lastname@example.org further information.
7.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at email@example.com for further information.
7.4 You may not link to Our Site from any other site the main content of which contains material that:
7.4.1 is sexually explicit;
7.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.4.3 promotes violence;
7.4.4 promotes or assists in any form of unlawful activity;
7.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.7 is calculated or is otherwise likely to deceive another person;
7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
7.4.10 implies any form of affiliation with Us where none exists;
7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
- Liability and Disclaimers
9.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.
9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
9.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale for more information.
9.4 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
9.5 If you are a business user, We hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content. We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.6 If you are a consumer user, please note that Our Site is intended for business use only, however if, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.
9.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9.8 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
9.9 The limitations of liability included in this Clause 9 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale.
- Viruses, Malware and Security
10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
- Acceptable Usage Policy
11.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11. Specifically:
11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
11.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
11.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
11.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.2 When submitting communicating in any way using Our Site, you must not submit, communicate or otherwise do anything that:
11.2.1 is sexually explicit;
11.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
11.2.3 promotes violence;
11.2.4 promotes or assists in any form of unlawful activity;
11.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
11.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
11.2.7 is calculated or is otherwise likely to deceive;
11.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
11.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);
11.2.10 implies any form of affiliation with Us where none exists;
11.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
11.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
11.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
11.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
11.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;
11.3.3 issue you with a written warning;
11.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
11.3.5 take further legal action against you as appropriate;
11.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
11.3.7 any other actions which We deem reasonably appropriate (and lawful).
- Privacy and Cookies
13.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
13.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
- Contacting Us
To contact Us, please email Us at firstname.lastname@example.org or using any of the methods provided on Our contact page.
- Communications from Us
15.2 When registering on our site you are opting in to receive communications from Us (via email and/or telephone) concerning Our forth coming sales trips/trade shows/appointment booking opportunities to view Our collection in person. You may opt out of such communications at any time by emailing email@example.com.
15.3 The Collection area of Our Site is only available to industry professionals who are browsing with the intention to purchase prints. We may contact you after registering on Our Site to discuss your application before we are able to grant access.
15.4 For questions or complaints about communications from Us, please contact Us at firstname.lastname@example.org.
- Data Protection
16.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
- Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
17.3 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.