General Terms & Conditions of Business and Website Use
Information about us www.ladyfashiondesugn.com is a site operated by Maja Marinka (“LadyFashionDesign”, “We” “Our” or “Us”).
This page (together with the documents referred to on it) tells you (“you” means the individual using the Website) the terms and conditions on which we supply any of the LadyFashionDesign products and services (Products) listed on our website www.ladyfashiondesign.com (“LadyFashionDesign”, “Website”) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from LadyFashionDesign. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions and the specific individual Product terms and conditions listed below (hyperlinks available). You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from LadyFashionDesign.
Contracts for the supply of individual Products made through LadyFashionDesign or as a result of visits made by you are governed by our specific Product terms and conditions listed above, but are to be read in conjunction with these terms and conditions.
You are provided with access to LadyFashionDesign in accordance with these terms and conditions and any orders, registrations or other general use of the LadyFashionDesign is strictly in accordance with these terms and conditions. Access to LadyFashionDesign is permitted on a temporary basis, and we reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the LadyFashionDesign. We will not be liable if for any reason the LadyFashionDesign is unavailable at any time or for any period. Some parts of our Website are restricted to use by members of LadyFashionDesign only.
2. Transactions concluded through the LadyFashionDesign
Contracts for the supply of digital products or services formed through LadyFashionDesign are governed by these terms and conditions together with the specific terms and conditions relating to the digital products in question. Links to such additional terms and conditions can be found at the top of this page.
You warrant that:
• you are legally capable of entering into binding contracts;
• the personal information which you are required to provide when you register as a member or customer of LadyFashionDesign is true, accurate, current and complete in all respects;
• you will notify us immediately of any changes to the Personal Information by contacting our Customer Service Team by e-mail; and
• you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
• you will not share your user name and password with any other person or with multiple users on a network.
4. Personal Login Information
Certain features and areas of LadyFashionDesign websites and digital products are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. LadyFashionDesign is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact LadyFashionDesign immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
5. User Obligations
You warrant that you will abide by all applicable local, state, national, and international laws and regulations with respect to your use of LadyFashionDesign digital products and not interfere with the use and enjoyment of LadyFashionDesign digital products by other users or with LadyFashionDesign’s operation and management of LadyFashionDesign digital products. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information on LadyFashionDesign websites, including, without limitation, information required to be provided through an LadyFashionDesign registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, LadyFashionDesign reserves the right to terminate your access and use of the LadyFashionDesign digital products. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using LadyFashionDesign digital products, or defame or otherwise harm any party, including LadyFashionDesign, through your use of the LadyFashionDesign digital products.
6. Our Rights
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we sell you the Product (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
It is your responsibility to check regularly to determine whether these terms and conditions have been changed. We will not use this right to vary the terms of any term which may materially affect the contract. If you do not agree to any change to these terms and conditions then you must immediately stop using the Website. The content of this site and content of sites linked to and from this site are provided ‘as is’ and ‘as available’, without warranties of any kind. LadyFashionDesign does not accept any liability arising from any inaccuracy or omission in the information or interruption in availability. Any error or omission in any information, or document issued by us shall be subject to correction provided that the correction does not materially affect the contract. You are advised to verify the accuracy of any information before relying on it.
LadyFashionDesign does not warrant that the materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction that you may incur as a result of using this Website.
The information on this Website does not necessarily reflect the views and opinions of LadyFashionDesign. Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
Under no circumstances shall LadyFashionDesign, its affiliates, agents and suppliers be liable for any damages arising out of the use or inability to use the materials in this site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party. However, nothing in these terms and conditions shall restrict or exclude any liability that we have to any party which cannot be excluded by law.
You agree to use this site for lawful purposes only and not in any way that might infringe third party rights or that might bring LadyFashionDesign into disrepute. When using our site, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
7. Copyright and Trade Marks
LadyFashionDesign, All Digital products and its logo are all registered trademarks of LadyFashionDesign. We are the owner or the licensee of all intellectual property rights in this Website, and of the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics
separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the LadyFashionDesign must always be acknowledged. You must not use any part of the materials on LadyFashionDesign for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of the Website in breach of these terms and conditions, your right to use LadyFashionDesign will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. Viruses, hacking and other offences
You must not misuse the LadyFashionDesign by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the LadyFashionDesign via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of LadyFashionDesign or to your downloading of any material posted on it, or on any website linked to it.
9. Linking to the Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Website must not be framed on any other site. We reserve the right to withdraw linking permission
without notice. The website from which you are linking must comply in all respects with the content standards set out in LadyFashionDesign Acceptable Use Policy.
10. Links from the Website
Where the LadyFashionDesign contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12. Data Protection Notice
If you are registered with LadyFashionDesign, we will hold your contact details on our database. Your data will never be sold or released to a third party to use for their own purposes. LadyFashionDesign will retain your data and will use it only to communicate with you on LadyFashionDesign-related issues and to provide information that may be of use to you for the
future. You may also obtain a hard copy from a member of the Customer Services Team. LadyFashionDesign commits that its policy and security statement on Data Protection applies equally to members and non-members.
13. Our liability regarding your purchase of digital products
a. If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the products or services which you have bought from LadyFashionDesign, 12 months and any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
b. We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
• loss of income or revenue;
• loss of business;
• loss of profits;
• loss of anticipated savings;
• loss of data; or
• waste of management or office time.
c. Nothing in this agreement excludes or limits our liability for:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
• any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
14. Our liability regarding your use of the Website
Whilst every effort is taken to ensure the accuracy and integrity of all information displayed, the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, LadyFashionDesign hereby expressly excludes:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time;
and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This clause does not seek to exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
15. Restrictions on use
You further agree to comply with the following in connection with your use of the LadyFashionDesign:
• You may not access or use the LadyFashionDesign in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the LadyFashionDesign that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the LadyFashionDesign).
• You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the LadyFashionDesign for any unauthorized purpose.
• You may not use the LadyFashionDesign in a way that, to be determined in our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the LadyFashionDesign, including LadyFashionDesign’s servers, computer network, or user accounts.
• You may not use the LadyFashionDesign in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the LadyFashionDesign.
• You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the LadyFashionDesign for public or commercial purposes without our express written permission.
• You shall not interfere with or disrupt the LadyFashionDesign or any related LadyFashionDesign websites or servers or networks connected to the LadyFashionDesign.
• You shall not restrict or inhibit any other user from enjoying and using the LadyFashionDesign.
• You shall not use the LadyFashionDesign in violation of applicable law or third party rights (including third party terms of service), and shall not use the LadyFashionDesign for hosting content (for example, images and documents) that infringes on the intellectual property rights of others.
16. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ( “Force Majeure Event” ). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• strikes, lock-outs or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• impossibility of the use of public or private telecommunications networks;
• the acts, decrees, legislation, regulations or restrictions of any government; and
• pandemic or epidemic.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the
Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing to our e-mail.
If any part of these terms and conditions is found to be unenforceable as a matter of law, the enforceability of any other part of these terms and conditions will not be affected.
19. Statutory Rights
These terms and conditions are in addition to your statutory rights as a consumer, which remain unaffected.