WEBSITE TERMS OF USE

This document (together with the documents referred to on it) sets out the terms of use on which you may make use of our website www.tellusfashion.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site. You are advised to print and retain a copy of these terms for your future reference.

INFORMATION ABOUT US
Our site is operated by TellusFahion Limited registered in England and Wales under company number 05833079 with registered office at 164 William Morris Way, London, SW6 2UW (we or us). Our VAT number is 100441092.

ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site and/or to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. 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. 

INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights (including but not limited to) in our site, and in 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 our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
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 author of materials on our site must always be acknowledged.
You must not use any part of the materials on our site 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 our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED
Commentary and other materials (including but not limited to any material bloggers use on their blogs on our site) posted on our site 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 our site, or by anyone who may be informed of any of its contents.

OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, but without limitation, any liability for: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; (f) loss of goodwill; (g) wasted management or office time; and (h) for any other loss or damage of any kind, however arising;

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.

You agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your such use or in relation to your dealings with such other user or third party.
The above clauses do not affect 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.
Some jurisdictions do not allow the above mentioned exclusions, so such exclusions may not apply to you. This is especially so if you are a consumer.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR SITE
We act merely as an introductory service providing a platform through our site allowing designers (designer) and customers to come together, the former to list and sell items and the latter to buy them. You understand and agree that the items listed on our site are not supplied by us and we do not participate in any part of the sale and purchase transaction between you and the designer. You understand, acknowledge and agree that any contracts for the purchase of items on our site shall be strictly between you and the designer of that item.
We have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a customer may rely, the accuracy of any of the listings and the capacity of any designer or any customer to transact.

GENERAL RULES GOVERNING BUYING AND SELLING
We do not have and never intend to have any contractual involvement in your transactions with the designer and at no stage buy or sell, or purport to buy or sell, any of the products displayed on our site. Any disputes between customers and designers are just that - we will not become involved.
It is the responsibility of the customer and designer to agree the specifications of the items and the terms of the agreement between them.
Your placing of an order entitles us and any designer to rely on your order and as a result you warrant and undertake that you have the legal right to make such an order and to enter into any such transaction.
If you order an item on our site, you acknowledge and agree that if you have placed the order, you have entered into a contract with the designer to buy the item. You can only terminate that contract in limited circumstances set out in law, for example where the item does not materially comply with the information provided in relation to it or where you cannot identify the designer.
In relation to all goods you sell or offer for sale: (i) you must be the absolute unencumbered legal and beneficial owner with the right to sell those goods; and (ii) your sale or the use of the goods must not infringe any third party rights or be unlawful in any way.

If selling, you must list all of your items in the correct category with accurate and appropriate descriptions and provide such information as we may request (listing information). Once you post the listing information, the item becomes a listed item. Once an item becomes a listed item, you are making an irrevocable offer to sell.
Any designer receiving an order is obliged to complete such transaction unless the customer fails to meet the terms of the listing or the designer is unable to authenticate the identity of the customer or the customer does not have sufficient financial capacity.
A designer must not contact any customers directly in a sale of listed items whether offered by such designer or another designer.

PAYMENT
All customers must pay designers for sale items via a secure payment system (provided by a third party). Customers are responsible for any delivery and insurance costs.
Some transactions through our site may involve designers shipping items from the UK, or from outside the UK, for delivery in the UK or outside the UK, and they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The customer will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information.
Please also note that you must comply with all applicable laws and regulations of the countries for which the items are originated and destined. We will not be liable for any breach by you of any such laws. Note that applicable laws and regulations may prohibit import and export of certain items.
We make no representation and accept no liability whatsoever to any customer or designer in respect of the issuance or validity of any export or import permits or the existence and exercise of export or import laws and regulations or any compulsory purchasing regimes.
We may use third party services to secure and protect any payment details submitted by you to assist your shopping experience. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished shopping.

REGISTRATION
In order to use the services on our site you are required to register with us by completing and submitting the registration form on our site.
By registering with our site, entitling you to use the services, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old. Any individuals who are not legally capable of entering into binding contracts are prohibited from using the services.
You warrant that you are responsible for acts made under your user identification as well as payments and costs that follow such acts. You warrant that you are obliged to keep your personal information up-to-date and are responsible for the consequences that follow the failing to provide up-to-date information. You warrant that you inform us immediately without delay in case your user identification data has been lost or acquired by a third person. On occasions certain individuals and members will be refused access to the services. Such suspensions shall be within our sole discretion.

UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials (including, but not limited to, any material bloggers use on their blogs on our site) posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 our site 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 our site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE
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. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page unless specifically invited to do so by us. 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 our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request to info@tellusfashion.com.

LINKS FROM OUR SITE
Where our site 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.

GENERAL
“TellusFashion” is a trade mark and get-up of TellusFashion Limited.
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement (together with any document or policy expressly referred to within its provisions) 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.
If any court or competent authority decides that any of the provisions of this agreement are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
These terms of this agreement and any document or policy expressly referred to within its provisions constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter.
We each acknowledge that, in entering into this agreement, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement or the documents referred to in its provision. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

To get a general idea of the laws governing distance sales, we recommend that you review the Department of Business Innovation and Skills’ website summary of the Consumer Protection (Distance Selling) Regulations 2000 and the Sale of Goods Act 1979 (as amended).

YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact info@tellusfashion.com.

Thank you for visiting our site.