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Website Terms

June 2012

The Terms govern your Use of the Website and the sale and purchase of Products. Please read the Terms and ensure that you have understood them. If you do not agree to the Terms, please cease Use of the Website immediately. The Website is owned and managed by Silk Fred, who can be contacted at hello@silkfred.com.

  1. Definitions

    1. “Applications” means mobile and Facebook applications relating to the Website

    2. "Associated Websites" means websites other than the Website owned and/or operated by Silk Fred

    3. "Boutique" means webpages on the Website customised by a Designer and used for the sale of their Products

    4. "Designer" means a fashion designer authorised by Silk Fred to sell via a Boutique on the Website

    5. "Functions" means the functions, facilities and/or services we may make available to Users on or through the Website from time to time including without limitation the facility to buy Products

    6. "Product" means a item available for sale on the Website and “Products” means more than one Product

    7. "Silk Fred" (or "we", "us" or "our") means Silk Fred Limited a company registered in England and Wales under company number 7557982 of 80-86 Old Street, London EC1V 9AZ

    8. "Submission" means any text, image(s), content or other material that a User uploads, transmits or submits through the Website, by email, site message, instant chat, text message or otherwise for the purposes of posting or displaying such text, image(s), content or other material on the Website, contacting or interacting with other Users, Using the Functions or any other purpose

    9. "Terms" means these terms of use

    10. "Use" (and "Uses" and "Using") means any access to, or use of, the Website, making a Submission and/or using the Functions

    11. "User" means an individual that Uses the Website

    12. “Website” means the website hosted at www.silkfred.com

    13. "You" and "Your" means you or the relevant User of the Website

  2. General

    1. You must be 18 years old or over to Use the Website.

    2. You may Use the Website solely for buying Products (and/or selling Products if you are a Designer), creating profiles and Boutiques, viewing Products, Boutiques and profiles and communicating with other Users.

    3. You are permitted to create one account and if you are a Designer you are also permitted to create one Boutique.

    4. You must not provide false information in any Submission (including without limitation uploading a photograph that is of someone else and claiming, suggesting or giving the impression that it is of you) and Silk Fred reserves its right to terminate the Terms if it has reason to suspect that you have.

    5. You agree not to copy, imitate or replicate, in whole or in part, the Functions.

    6. You are responsible for providing and paying for the means of Using the Website.

    7. The information contained on the Website, including without limitation, artwork, text, video, audio, pictures, software and other intellectual property ("Materials") are protected by copyright and may not be copied, reproduced, republished, downloaded, posted, modified, broadcast, publicly displayed or transmitted in any way except for your own personal non-commercial use or on the Website. Any other use requires the prior written permission of Silk Fred. You agree not to adapt, alter or create a derivative work from any of the Materials. You further acknowledge and agree not to use the Materials for any other purpose other than for your personal non-commercial use.

    8. The names, images and logos identifying Silk Fred or the Website or third parties and their products and services may be subject to copyright, design rights and trade marks of Silk Fred and/or third parties. Nothing contained in the Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right, copyright or any other intellectual property or other right of Silk Fred, or any other third party.

  3. Submissions

    1. By uploading and/or transmitting a Submission, you agree that your Submission is non-confidential and non-proprietary and may be posted, displayed, or considered for posting or display by Silk Fred on the Website, Associated Websites and Applications. Silk Fred is under no obligation to post or display your Submission or to notify you if we do, or do not, post or display your Submission.

    2. By uploading and/or transmitting a Submission, you grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty free, fully paid, non-transferable licence to publish, use, copy, reproduce the content of your Submission for promotional and advertising purposes on the Website, Associated Websites, Applications and/or any other website.

    3. Silk Fred reserves the right to disclose your identity to a third party that claims your Submission breaches their intellectual property or other rights or their right to privacy.

    4. You agree to Use the Website on the basis that you shall not:

      1. restrict or inhibit any other User from making Submissions and/or prevent them from enjoying or Using the Website;

      2. make a Submission which includes any personal information (such as an email address, mailing address, telephone number, etc.) enabling a User(s) to contact you without using the Website (for the avoidance of doubt this does not apply to information requested by us in the context of a sale or purchase);

      3. make any Submission which may be, or may be considered unlawful, threatening, abusive, libelous, slanderous, defamatory, obscene, vulgar, pornographic, profane or indecent, including any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

      4. make any Submission which violates or infringes the rights of others, including without limitation, rights of privacy or publicity or material which is protected by copyright, trademark or other proprietary, intellectual property or other right, without first obtaining permission from the owner or right holder;

      5. misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other technologically harmful material or run any automated script on the Website;

      6. make any Submission for commercial purposes or which contains advertising or any solicitation with respect to products and services (this section 3.4.6 does not apply to Designers that have entered into a separate written agreement with Silk Fred in respect of their Use);

      7. make any Submission that is intended to dissuade Users from using the Website for any direct or indirect commercial purpose;

      8. use the Website to collect email addresses for commercial purposes;

      9. include any links to the Website that are not fair and legal and/or which suggest any form of association, approval and/or endorsement by Silk Fred of the website on which the link is included and Silk Fred can withdraw the linking permission contained in this section 4.4.9 at any time for any reason (for the avoidance of doubt this terms does not prohibit Designers from providing fair and legal links to their Boutiques on other websites);

      10. attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server connected to the Website and must not attack the Website via a denial of service attack or distributed denial of service attack (breach of this section 4.4.10 constitutes a criminal offence under the Computer Misuse Act 1990 and Silk Fred may report any such breach to the relevant law enforcement authority and co-operate with such authority by disclosing your identity to such authority).

    5. You understand that Silk Fred has no obligation to monitor Submissions. However, Silk Fred reserves the right at all times to disclose any Submission as necessary to satisfy any law, regulation or governmental request or to whom Silk Fred believes it is under a duty to disclose, or to edit, refuse to post or to remove from the Website any Submission, in whole or in part, that in Silk Fred’s sole discretion is or may be considered objectionable or in any way violate the Terms.

    6. If you make a Submission, upload or transmit offensive or inappropriate content anywhere on or to the Website or otherwise engage in any objectionable and/or disruptive behaviour on the Website, and Silk Fred considers such behaviour to be serious and/or repeated, Silk Fred may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer or email provider about the infringement(s).

    7. Silk Fred reserves the right in its sole discretion to take action against any person that Uses the Website, at any time, for any reason.

    8. We request that you notify us by email at hello@silkfred.com or any abuse reporter function on the Website if you notice that any Submissions are, or may be considered, obscene, offensive or objectionable or if you think a Submission may be unauthorised in any way.

  4. Functions

    1. We may make available on or through the Website various Functions from time to time. We reserve the right to update, amend, change or withdraw the Functions and/or to introduce new Functions at any time without prior notice.

    2. From time to time we may require payment or other consideration for Use of some or all of the Functions as indicated on the Website.

  5. Buying Products on the Website

    1. In order to make a purchase and contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

    2. When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the Products which you ordered have been dispatched to you. Only those Products listed in the confirmation email sent at the time of dispatch will be included in the contract formed. We retain the right to refuse any order made by you.

  6. Pricing and Availability

    1. Whilst we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Products, you will receive a full refund. Where applicable, prices are inclusive of VAT at the prevailing rate.

    2. Delivery costs will be charged when you place an order. Delivery costs are displayed where applicable and included in the total price you pay.

    3. All orders are subject to availability. All prices advertised are subject to change.

  7. Delivery, shipping and returns

    1. Dispatch times may vary according to availability and no guarantees or representations are made as to delivery times. Our expected dispatch times will be notified to you after you have made a purchase. After this confirmation email has been sent, it is not be possible to change delivery details and there will be no refund of delivery charges due incorrect delivery details provided to us by you.

    2. You can request to return a new, unworn Product that is still in all the original packaging by going to the Website. You may make a request to return such Product within 7 days of receipt of the Product for any reason at all. You will be issued with a ‘returns authorisation number’ and provided with instructions on returning your Product.

    3. A request to return a new, unworn Product that is still in all the original packaging may be made between 8 and 14 days of receipt of the Product only if such Product is faulty. Please refer to the Website for full details.

  8. Gift Vouchers

    Gift vouchers may be available for sale from time to time and if so, the terms linked to the purchase, issue and use of gift vouchers will be available on the Website.

  9. Selling Products on the Website

    1. Designers with a Boutique may sell Products on the Website. No other party is permitted to sell any item, product or service on the Website.

    2. You may apply to Silk Fred to be a Designer by going to the Website and accepting the Boutique Terms.

  10. Incentives and Credit

    SilkFred may from time to time offer incentives for Users (see the Website for details). Where such incentives include awarding credit to Users who invite others to the Website who then buy Products, the following terms shall apply:

    1. The credit may only be used against the value of Products and is not exchangeable for cash;

    2. To apply credit to a purchase, the value of the Product the User wishes to purchase (excluding postage) must exceed the value of the credit (if the credit is not available to use against a particular purchase it will not show at check out);

    3. The credit must be used in full (it is not possible to partially use available credit);

    4. Where a User earns credit by inviting friends to the Website, it must be done so in good faith and without any arrangement for the purpose of earning credit where invites and subsequent purchases are not genuine (including but not limited to users creating multiple accounts). Where SilkFred suspects with grounds that this has happened, the credit shall be removed from User’s account and SilkFred’s decision on this shall be final; and

    5. Credit shall be re applied to a User’s account in the event of an item being refunded.

  11. Termination

    1. You may at any time cease to be a User of the Website and terminate these Terms by going to the Website and choosing the relevant option.

    2. We may provide you with notice at any time by email to the email address provided by you that we wish to terminate the Terms and prevent any further Use by you and remove or suspend any of your account and/or Submissions.

    3. If we consider in our absolute discretion that you are in breach of any of the provisions of the Terms, we reserve the right to prevent your continued Use of the Website without notice and to take (or refrain from taking) all other steps as we consider appropriate in relation to your Use of the Website, including without limitation removing and/or suspending your Submissions. In such circumstances you agree not to create a Silk Fred account under another name or identity.

  12. Disclaimer, limitations of liability, indemnity

    1. The Website and the Materials, information, names, images, pictures, logos and icons regarding or relating to Silk Fred and its Functions are provided on an “as is” basis with no representation or warranty of any kind express or implied statutory or otherwise regarding the same or the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or that it represents the full functionality, accuracy, reliability of the Website.

    2. Silk Fred will not be responsible or liable to you for any loss of content or material (including without limitation Submission(s)) uploaded or transmitted through the Website and Silk Fred accepts no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website unless due to our negligence. All facts, views and information on the Website are for information purposes only and should not be construed as advice, nor relied on by Users to make decisions.

    3. Silk Fred shall use reasonable commercial endeavours to maintain the Website but reserves the right from time to time to suspend the Website for upgrades or work to the Website or any other purpose that it deems reasonably necessary. There may be errors on the Website and from time to time it may not be available.

    4. Under no circumstances will Silk Fred be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from your Use of the Website regardless of the form of action.

    5. Silk Fred shall not be liable or responsible for the conduct of Users whether online or offline and Users should behave and act responsibility. You are solely responsible for your interaction with other Users, although we reserve the right but do not have the obligation to monitor disputes between Users. Silk Fred does not guarantee results or outcomes of any kind to Users through their Use of the Website. To the extent that Silk Fred attempts to resolve a dispute it will do so in good faith based solely on its policies.

    6. You agree to defend, indemnify and hold Silk Fred harmless from any claim, suit or demand, including reasonable legal fees, made by a third party due to or arising out of your Use of the Website, the Materials or related services, your breach of the Terms, your interference with any rights of a third party, or any other act or omission by you.

    7. If the Website provides links to other websites, including without limitation Designer websites or blogs, and you use those links, you will leave the Website. We do not control and are not responsible for any of these other websites (save for Associated Websites) or their content. We do not endorse or make any representations about them, or any information or products or materials you may find there. If you decide to access any website linked to the Website, you do so entirely at your own risk.

    8. Nothing in the Terms and in particular this clause 12, seeks to disclaim or limit liability for death or personal injury that is caused by our negligence or that is otherwise not permissible under any applicable law.

  13. Warranties

    You hereby warrant that:

    1. you have the right, authority and capacity to enter into the Terms and be bound by them;

    2. you will comply with all local laws that relate to your Use of the Website;

    3. you are solely responsible for your Use of the Website and any Submissions that are submitted for publication and/or published on the Website;

    4. use, exploitation and/or display of any Submission(s) by us on the Website does not infringe the statutory or common law rights of any third party.

  14. International use

    We make no representation that any of the Materials or any other materials on the Website or the Functions are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from locations outside the United Kingdom do so at their own risk and are responsible for compliance with local laws.

  15. Entire agreement

    Save in respect of Users that have entered into separate written agreements with Silk Fred regarding their commercial use of the Website (including without limitation Boutique Terms), the Terms and the Privacy Policy set out the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto.

  16. Miscellaneous

    1. If there is any conflict between the Terms and specific terms appearing elsewhere on the Website, any Associated Website or the Boutique Terms then the Terms shall prevail.

    2. If any of the Terms are determined to be illegal, invalid or otherwise unenforceable under UK law, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.