TERMS & CONDITIONS FOR WEBSITE TERMS OF USE

 


 

1. Introduction

This page details the Terms and Conditions (“Terms”) which govern your use of our Website, and which will apply to the use of the services we offer. You are advised to read them carefully.
By using the Website in any manner, including but not limited to visiting or browsing the Website, you (the "user" or "you") agree to be bound by these Terms together with the Terms of our Privacy Policy to the exclusion of any other terms and conditions. These Terms may be modified from time to time by updating this page. You should visit this page frequently to review the current Terms. 
In addition to being bound by these Terms, all Charities selling or proposing to sell Items via the Website shall be subject to our Charity Sellers’ Terms and Conditions and all persons buying, or proposing to buy Items from our Website shall be subject to our Buyers’ Terms and Conditions.

2. Definitions

In these Terms the following definitions shall apply:

 “Agreement” - means these terms and conditions.

“Buyer” or “you” - means the buyer of an Item that is sold through the Website.

“Celebrity” – means a famous person, especially in entertainment or sport.

“Charity” - means the registered Charitable Organisation named in the registration page as the owner of an item. 

“Content” - means all postings, messages, text, files, images or other material on the Website, including, without limitation, descriptions of Items and Item profiles;

“Fashion for Change”, "us", "we" and "our" - means Fashion for Change Limited, a limited company registered in England & Wales (registered number 09084653), whose place of business is at Pincot Cottages, Pitchcombe, Gloucestershire. GL6 6LY;

“Item” - means any garment or other item offered for sale, or to be offered for sale, or sold via the Website;

“Material” – means any written text or images.

“Member” – means any individual that has registered on the Website with their email address; 

"User" - means anyone using the Website for any reason;  

"Website" - means our website www.fashionforchange.boutique  and all the pages, content and sub-domains contained in it. 

3. Use of the Website

3.1. The Website is designed to be a venue for Charities to sell clothing and accessory items and for Members to buy these items. 

3.2. Neither we nor the Website sell or buy any items and we are not party to any transaction between Members for the sale and purchase of any items (except where we are appointed as sales agents by prior agreement) although we do reserve extensive rights to conciliate between Members and make decisions in respect of disputes between Members in accordance with clause 16.

3.3. You are solely responsible for your conduct and activities on and regarding to the Website and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Website.

3.4. The Website may be used only for lawful purposes. 

3.5. Users are prohibited from:

 3.5.1. accessing data not intended for them or logging into a server or account which they are not authorised to access;

 3.5.2. deleting or revising any Content posted by any other person or entity;

 3.5.3. using any device, software or routine to interfere or attempt to interfere with the proper  working of the Website or any activity being conducted on the Website; and 

 3.5.4. allowing others to use their login details to access any non-public area of the Website, disclosing to or sharing their password with any third parties or using their password for any unauthorised purpose.

3.6. When using the Website, you may obtain personal information, including email address and shipping information, from another Fashion for Change User. Without obtaining prior permission from the other User, this personal information shall only be used for that transaction or for Fashion for Change Limited related communications.

3.7. Fashion for Change Limited has not granted you a licence to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the User, you are not licensed to add any Website User to your email or physical mail list. For more information, see our Privacy Policy.

3.8. We may, in our sole discretion, delete, suspend or deactivate any User account or otherwise terminate or restrict any User’s access to the Website immediately and without notice if we believe that such User has acted inconsistently with the letter or spirit of the Terms. Neither Fashion for Change nor its officers or employees shall be liable to any person for any resulting termination or restriction of a User’s access to the Website.

3.9. It is your sole responsibility to keep your password safe. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality and you agree:

 3.9.1. to immediately notify Fashion for Change Limited of any unauthorised use of your  password or any breach of security;

 3.9.2. that Fashion for Change Limited cannot and will not be liable for any loss or damage  arising from your failure to keep your password secure. 

 3.9.3. not to provide your username and/or password information to any other party other than Fashion for Change Limited without our express written permission.

3.10. You must keep your account information up-to-date and accurate at all times, including a valid email address. 

3.11. You may not transfer or sell your Fashion for Change Limited account to another party

4. Membership Eligibility

4.1. Our services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

4.2. Fashion for Change Limited may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions. 

5. Membership

5.1. Only one membership is permitted per person and per email address.

5.2. We will make reasonable endeavours to notify any Member whose email address is used for a new application for membership.

5.3. Members shall keep User names and password confidential.

6. Cancellation of Membership

 6.1. You may cancel your membership at any time by emailing contact@fashionforchange.boutique stating Username and requesting cancellation.

8. Charities and Celebrities

8.1. In certain circumstances we accept instructions to act as Agent for the sale of items on behalf of a Charity or Celebrity.

8.2. As Agent we accept no responsibility for any Losses suffered by any Buyer whose sole claim and remedy shall be against our principal who shall indemnify us and the Buyer against any Losses arising.

9. Website Content

9.1. All Content is the sole responsibility of the person from whom such Content originated, and we do not control, and are not responsible for Content provided by any other person.

9.2. In posting or uploading any Content you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such Content in any existing or future media, subject always to the Privacy Policy. You also grant to us the right to sub-licence these rights, and the right to bring an action for infringement of such rights.

9.3. Users are not permitted to upload, post, email, or otherwise make available any Content: 

 9.3.1. that is false or misleading;

 9.3.2. that infringes any intellectual property rights of, or a duty of confidentiality to, any other person;

 9.3.3. that advertises products or services the sale or supply of which is prohibited or restricted by applicable law;

 9.3.4. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  9.3.5. that is libellous, abusive, threatening, obscene, or otherwise offensive; or

  9.3.6. otherwise hinders the use or enjoyment of the Website by other Users.

9.4. We do not pre-screen or approve Content, but we shall have a right (but not an obligation) in our sole discretion to refuse, delete, edit or move any Content that is available on the Website for violating the letter or spirit of the Terms or for any other reason at our sole discretion.

10. Access and Interference

10.1. You agree that you will not use any robot, spider, scraper or other automated means to access our Website for any purpose without our express hand-written permission. Additionally, you agree that you will not: 

 10.1.1. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; 

 10.1.2. interfere or attempt to interfere with the proper working of our Website or any activities conducted on or with our Website; or  

 10.1.3.  bypass our robot exclusion headers or other measures we may use to prevent  or restrict access to our Website. 

11. Messaging 

11.1. Messaging is your way to communicate privately with other Website Members. It’s essentially email, but purely for Website registered Members. Messages are primarily intended for communicating about transactions and orders. 

11.2. You must not use Messages to send unsolicited advertising or promotions, requests for donations or "spam”, or, pass on email addresses or any other information to third parties.

11.3. Please use common sense when giving out personal information to others via messaging and do not send someone all your credit card details. 

11.4. You must not use messages to knowingly harass or abuse another Member. 

11.5. If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.  

11.6. You must not use Messages to interfere with a transaction: 

 11.6.1. You must not contact a Seller to buy an item outside of the  Website.  

 11.6.2. You must not communicate with a Member involved in an active or completed transaction to warn the Member away from a particular Buyer, Seller or item. 

12. Intellectual Property Rights

12.1. Unless indicated to the contrary, Fashion for Change Limited owns all the intellectual property rights relating to the Website, including the designs, text, database, graphics and layouts, and Users are not permitted to use or copy any part of them without our express permission in writing.

12.2. Users are not permitted to download, reproduce, copy, resell or exploit for any commercial purposes, any material on the Website, or to use automated means to download data from the Website (including without limitation, spiders, robots, crawlers or data mining tools, but excepting standard internet search engines).

12.3. Users are not permitted to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.

12.4. The intellectual property rights in Content uploaded by Users to the Website are retained by the copyright owner, and Content is added to the Website by Users at their own risk.

12.5. We consider any unsolicited suggestions, ideas, proposals or other material submitted to it by Users via the Website or otherwise (other than the Content and the tangible items sold on the Website by users) (collectively, the "Material") to be non-confidential and non-proprietary, and we shall not be liable for the disclosure or use of such Material. 

12.6. If, at our request, any User sends Material to improve the Website (for example through the Forums or to customer support), We will also consider that Material to be non-confidential and non-proprietary and we will not be liable for use or disclosure of the Material.

12.7. Any communication by you to us is subject to this Agreement. You hereby grant and agree to grant Fashion for Change Limited, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

13. Limitations on Service

13.1. We may establish limits on the use of the Website and we reserve the right at any time to modify or discontinue the Website (or any part of it) with or without notice.

13.2. We reserve the right to suspend operation of the Website from time to time for any reason, including, without limitation, to enable us to perform system upgrades or maintenance or to resolve technical issues, and we will endeavour to provide reasonable advance notice of such suspension where practicable.

13.3. We shall not be liable to any User or to any third party for any modification, suspension or discontinuance of the Website or the Service or any part of it, including for loss of profit or consequential or incidental loss or damage. 

14. Limitation of Liability and Disclaimer

14.1. In no event shall Fashion for Change Limited and (as applicable) it’s officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of your or anyone else in connection with the use of the Website, Fashion for Change’s services, or this Agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.

14.2. The Website and the Service are provided on an "as is" or "as available" basis, and accordingly use of the Website is entirely at the Users’ own risk. Any and all warranties relating to the Website, including, without limitation, any implied warranties as to fitness for a particular purpose and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.

14.3. We take reasonable care to ensure that the Website and its electronic communications are virus-free. However, We make no warranty that the Website is free of viruses or other harmful components. 

14.4. Each User shall indemnify and hold harmless Fashion for Change Limited, its officers, employees, agents and service providers from any claim or demand (including reasonable legal fees and court costs) made by any third party due to or arising out of Content submitted, posted or made available by such User through the Website, or the violation of such User of the Terms or of any rights of any person or organisation. 

14.5. You are solely responsible for interactions with others via the Website and you understand that Fashion for Change Limited does not in any way screen its users. You agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

14.6. Fashion for Change does not control the Content provided by users that is made available on www.fashionforchange.boutique. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence. In addition to this there may also be risks dealing with international trade. By using the Website, you agree to accept such risks and that Fashion for Change Limited (and Fashion for Change Limited’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on the Website. Please use caution, common sense, and practice safe buying and selling when using the Website.

15. Links to Other Sites

15.1. The Website contains links to third party websites. These links are provided as a service and not as an endorsement by Fashion for Change Limited of the contents on such third-party websites. We are not responsible for the content of linked third-party websites and do not make any presentations regarding the content or accuracy of materials on such third party websites. Users accessing linked third party web sites do so at their own risk. You agree that Fashion for Change Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

16. Resolution of Disputes and Release 

16.1. In the event a dispute arises between you and Fashion for Change, please contact Fashion for Change.

16.2. Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. Use of the Website is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. 

16.3. Should you have a dispute with one or more users, or an outside party, you release Fashion for Change Limited (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

16.4. Fashion for Change Limited, for the benefit of users, may try to help users resolve disputes. Fashion for Change Limited does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Fashion for Change Limited attempts to resolve a dispute it will do so in good faith based solely on its policies. We will not make judgments regarding legal issues or claims and all disputes related to transactions will ultimately be determined by PayPal.  

16.5. Without limiting any other remedies, we may, without notice, and without refunding any fees, delay or immediately remove Content, warn Website Members of a User's actions, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend a User's account privileges, terminate a User's account, prohibit access to the Website, and take technical and legal steps to keep a User off the Website and refuse to provide services to a User if any of the following apply: 

16.5.1. We suspect a User has breached these Terms, the Privacy Policy or other policy documents and community guidelines incorporated herein. 

16.5.2. We are unable to verify or authenticate any of your personal information or Content  

16.5.3. We believe that a User is acting inconsistently with the letter or spirit of our policies, has engaged in improper or fraudulent activity in connection with Fashion for Change Limited or the actions may cause legal liability or financial loss to our Members or to Fashion for Change Limited.

17. Privacy 

17.1. Subject to our Privacy Policy we will not sell or disclose your personal information to third parties without your explicit consent.

18. No Warranty 

18.1. Fashion for Change Limited, officers, directors, employees, and suppliers provide the Website and services ‘As Is’ and without any warranty or condition, implied or statutory. Fashion for Change Limited it’s officers, directors, employees, and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for particular purpose and non-infringement.  In addition, no advice or information (oral or written) obtained by you from Fashion for Change Limited shall create any warranty.

19. General

19.1. You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated. 

19.2. No person other than Fashion for Change Limited or you shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.  

19.3. These Terms and the Agreement are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts. 

20. Survival

20.1. The sections: Introduction, Definitions, Use of Website, Membership Eligibility, Membership, Cancellation of Membership, Feedback, Charities and Celebrities, Website Content, Access and Interference, Messaging, Intellectual Property Rights, Limitations on Service, Limitation of Liability and Disclaimer, Links to Other Sites, Resolution of Disputes and Release, Privacy, No Warranty, General, and Disclosure shall survive any termination or expiration of this Agreement. 

21. Disclosure 

21.1. The services hereunder are offered by Fashion for Change Limited, located at Pincot Cottages, Pitchcombe, Gloucestershire, GL6 6LY, United Kingdom.

 

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