Terms & Conditions

 

1. The Site and Services

Access to and use of the website https://design.london (the “Site”) and its associated services, including any tools, discussions, boards, wikis, interactive areas, items, products or other features whether purchased or otherwise available through the Site, including for the avoidance of any doubt the ordering of any products (collectively, the “Services”) together with the documents referred to in the Site and the Services are subject to the following terms and conditions (collectively the “Terms”) as may be amended or updated by us from time to time. Please read the Terms carefully before using the Site. We recommend that you print and keep a copy for your future reference. By accessing, browsing, using or registering with the Site or its Services, you are agreeing to all of the Terms. You should check this page regularly to take notice of any changes we have made to the Terms. Please note that any or all of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Site or Services.

If you do not wish to accept these Terms in their entirety, then please do not use the Site.

Access to the Site is permitted on a temporary basis and we reserve the right to change the way the Site works from time to time and to withdraw any features or content provided on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period. We may also restrict access to some or all parts of the Site from time to time.

The Site may contain links to and from third party websites. Please note that we have no control over these third party websites and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of these third party websites will be subject to the terms of use contained therein. We would encourage you to check their terms before you use any third party websites.

2. Registration, password and account

Registration is required to access and use certain features of the Site. You must be at least thirteen (13) years of age to register and by such registration you represent and warrant that you are at least 13 years old. If you are less than 13 years of age you are not authorised to use the Site. We do not intend to collect any personally identifiable information relating to any person under 13 years of age. You will select a username and password when registering to use the Site. Registered users are referred to as ‘Members’ in the Terms and throughout the Site. We have the right, but not the obligation, to reject, change, disallow or discontinue at any time any username that we consider, in our sole unfettered discretion, as objectionable or inappropriate for any reason. You acknowledge and agree that you shall be fully responsible for the use of and any acts undertaken or enabled by the use of your username and password. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time. Please also note unless otherwise specifically permitted by us in respect to a particular item or items offered through the Site, you may use the Site only for your own personal, non-commercial purposes and you must not share your password or account details with any third party whether for the purpose of allowing them to access the Site or to download or otherwise access any Services

3. Content

You acknowledge that the Site and the Services contain information, software, drawings, designs, photographs and other content and materials that are or may be protected by copyright, intellectual property rights pertaining to us or to third parties (collectively, the “Contents”. Unless otherwise specifically permitted in respect to a particular item or items offered through the Site and Services, you may use the Site and Services only for your personal, non-commercial purposes, and you may not modify, publish, retransmit, create derivative works from or otherwise exploit the Site, Services or the Contents thereof. Please note that you may only download Content from the Site or Services in accordance with the Terms.

The Site and Services may also contain links to and from third party websites. Please note that we have no control over these third party websites and we accept no responsibility for them (or for any third party content that may be accessible directly on the Site) or for any loss or damage that may arise from your use of them. Your use of these third party websites and any third party content will be subject to the terms of use contained within each such website. We, therefore, encourage you to check these terms before you use any third party websites.

Commentary and other materials posted on our Site and Services are not intended to amount to advice on which reliance should be placed unless explicitly stated (for example, instructions for constructing patterns purchased through the Site). We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site or Services, or by anyone who may be informed of any of its Contents. We disclaim all representations and warranties, whether express or implied, that Contents displayed in or on the Site or Services is accurate, complete, up-to-date and/or does not infringe the rights of any third party.

4. Specific Content

Some content may be made available for use without restrictions. Any such content will be clearly identified on the Site or Services as an “Open Source Pattern”. You acknowledge and agree that, except for items specifically and clearly designated as Open Source Patterns, the Terms will apply to all of the Contents on the Site and Services, and that this Content may be protected by copyright, trademark or other intellectual property rights of DesignLab or third parties. Patterns distributed on the Site, whether free or available for purchase or otherwise, are patterns created and made available by us to our Members. We encourage your creative personal use of the designs we distribute with the patterns. However, while you are free to use the designs in your own creative personal process, you may not, commercially or otherwise, distribute the patterns themselves to any third party.

5. Use of the Site

You may only use the Site and Services for lawful purposes and must not use the Site or Services:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • To attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of the Site or Services in contravention of the provisions of these Terms.
  • Not to access without authority, interfere with, damage or disrupt (a) any part of our Site, (b) any equipment or network on which our Site is stored, (c) any software used in the provision of our Site, or (d) any equipment or network or software owned or used by any third party.
  • We will not be liable for any loss or damage howsoever 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 the Site or Services or to your downloading of any material posted on, or any website linked to the same.

6. Use of the Site from Outside the UK

Except where otherwise specified, the materials on the Site and Services are displayed solely for the purposes of promoting products available in the UK. If you choose to access this Site from locations outside the UK, you are responsible for complying with local laws if and to the extent that local laws are applicable.

7. Owner’s Right

We strive to create an active community and welcome all interested users and their contributions. Notwithstanding, we have the right, but not the obligation, to take any of the following actions, in our sole unfettered discretion, at any time, and for any reason or no reason, without providing any prior notice:

  • Restrict, suspend or terminate your access to or use of the Site or Services;
  • Change, suspend or modify all or any part of the Site or Services or the features thereof;
  • Refuse or remove any material posted on, submitted to or communicated through the Site or Services by you;
  • Deactivate or delete any screen names, profiles or other information associated with you; or
  • Alter, modify, discontinue or remove any of the Contents of the Site or Services.

8.Privacy

We will not sell or rent your personal information to third parties for their marketing purposes without your consent. Periodically, we may, or our affiliates may contact you via email concerning the promotion of our products or services on the Site. Notwithstanding the foregoing, you acknowledge and understand that some features of the Site are designed to permit users to post photographs and information for public viewing and thus you hereby waive any expectation of privacy you may have concerning any likeness or information provided to the Site by you.

9. Submitting Content

Certain features of the Site may permit you to upload photographs or video (collectively, “Images”) or information, including, but not limited to, your personal information, text, sewing patterns (collectively, “Information”) to the Site, or otherwise make Images or Information available for viewing through the Site. You may only upload Images or Information you own, or that you have the right to upload. The following terms are applicable to your submission of Images or Information for posting on or viewing through the Site:

You must be at least 13 years old to submit an Image. We will not knowingly permit anyone under the age of 13 to submit Images. Please note that if you are under the age of 13 you may not submit any Images to the Site;

You may not submit to the Site Images depicting anyone other than yourself unless you have received the express consent to the same from the depicted persons;

By submitting any Image or Information to the Site, you hereby grant us (and our affiliates, subsidiaries, licensees and assigns) an irrevocable, perpetual and royalty-free right to, in connection with the operation and/or promotion of the Site, use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted Image or Information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to us include but are not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted Image or Information;

By submitting any Image or Information to the Site, you hereby represent and warrant that the submitted Image or Information does not and shall not infringe on any copyright or other right of any third party, and that you have the right to grant any and all rights and licenses granted to us hereunder, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances;

You acknowledge and agree that we shall have no obligation to post, display or otherwise make publicly available any Image or Information submitted by you, and may, in our sole and unfettered discretion, remove, edit, modify or delete any Image or Information that you submit to the Site;

You understand and intend that any Image or Information submitted by you to the Site may be available for viewing and comment on by the public, and understand that comments with which you disagree or are unhappy about may be published or otherwise become associated with any Image or information you submit to the Site. By submitting any Image or Information to the Site, you hereby waive any privacy expectations that you may have with respect to any such Image or Information submitted by you to the Site;

You hereby agree to hold us and our affiliates, subsidiaries, licensees and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on the Site, or any other use authorised under these Terms, of any Image or information submitted to the Site by you;

Images or information submitted by you to the Site shall be our property and we shall have no obligation to preserve, return or otherwise make available to you or others any photos or information submitted to the Site by you.
The Site may use your personal information, including copies of products sold to you, in aggregate form for purposes of research and development.

10. User interaction

You are solely responsible for your interactions with other users of or visitors to the Site, including other Members. We shall have the right, but not the obligation, to monitor interactions utilising the facilities of the Site and Services, including any email functionality thereof, between you and other users of or visitors to the Site or Services or any third parties, including other Members. You acknowledge and agree that we, our affiliates, subsidiaries, licensees and assigns shall not be, and you shall not seek to hold us or them, responsible for any harm or damage whatsoever arising in connection with your interaction with other users of or visitors to the Site.

Please note that we do not verify any information posted to or communicated via the Site by any users (including Members) and we do not guarantee the proper use of such information by any party who may have access to the information. You acknowledge and agree that we do not assume, and shall not have, any responsibility for the content of email messages or other communications sent or received by users of the Site.

11. Intellectual Property

We respect the intellectual property (IP) rights of others (whether copyright, patent, trademark or any other IP right). We reserve the right, at our sole unfettered discretion, to block access to the Site by Members, block the username of users, or delete accounts of those who infringe our IP rights or the IP rights of third parties.

We are the owner or the licensee of all IP rights in and to this Site, its Services and Contents. Our Site, Services and Content are protected by both English and international copyright laws and treaties. All such rights are reserved.

You may store, print and display the Content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the same supplied to you or appearing on this Site nor may you use any such Content in connection with any business or commercial enterprise.

Unless otherwise noted with respect to a particular item or items offered through the Site and Services, you may use the Site and Services only for your personal, non-commercial purposes, and you may not modify, publish, retransmit, create derivative works from or otherwise exploit the Site, Services or any of the Contents thereof.

Our status (and that of any identified contributors) as the authors of material on our Site, Services or Content must always be acknowledged.

If you acquire any IP rights in the Site, Services or Content (whether by operation of law or otherwise), then you agree to assign those rights to us (including any rights you may have in any user-generated content that you submit through the Site) on a worldwide basis absolutely to the fullest extent permitted by law. You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Site. You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights and all moral rights you acquire in or to the Site.

If you print off, copy or download any part of our Site, Services or Content in breach of these Terms, your right to use the Site, Services or Content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Items Offered for Purchase

We will make every attempt to ensure that information on this Site, the Services or Contents is accurate, complete and current as it relates to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted any order). We apologise for any inconvenience this may cause you. Availability of either downloadable or physical products may vary. We reserve the right, without prior notice, to limit the order quantity on any item offered on this site and/or to refuse service to any customer that we believe would violate any of our business practices, applicable laws or policies. We also may require verification of information prior to the acceptance of any order

Our 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 hereby expressly exclude:

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 our Site, Services or Content 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, without limitation, any liability for loss of income or revenue, business, profits or contracts, anticipated savings, data, goodwill 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.

Any product provided by the Site free of charge is distributed in the hope that it will be useful but without any warranty or implied warranty of merchantability or fitness for a particular purpose.

Refunds

We will refund a purchase of a product where it can be proven the product is not fit for purpose.  In the case of sewing patterns and basic blocks, at our sole and unfettered discretion we may require evidence of a toile. Furthermore as measurements are standardised and not unique to the individual purchasing the product, there cannot be a guarantee for perfect fit. Designlab warrants that its patterns have correct dimensions for the standard measurements. Please see our standard size chart for further information.

Disclaimers/ Limitations of Liability

The Site, Services and Content are provided ‘as is’ and on an ‘as available’ basis without any representation, endorsement or warranty of any kind. We endeavour to provide the Site, Services and Content using reasonable care and will use reasonable efforts to make it available to you. However, you acknowledge that the Site, Services and Content are provided over the Internet and so the quality and availability of the same may be affected by factors that are outside our reasonable control such as technical faults in your ISPs and/or telecommunication providers’ network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email to be received on account of technical problems or traffic congestion on the internet, telephone lines or any website (or any combination of these things).

We make no guarantees that the Site, Services or Content will be available, uninterrupted or error free, or that defects will be corrected, or that the Site, Services or Content or the server that makes the same available are free of viruses or bugs.

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 by any other Site, nor may you create a link to any part of our Site other than our home page. We reserve the right to withdraw linking permission without notice. The website which you are linking from must comply in all respects with the provisions of these Terms.

If you wish to make any use of the material on our Site other than as set out above, please address your request to info@designlab.london.

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.

Force Majure

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 an event or events outside our reasonable control.

Transfer of Rights and Obligations

You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing.

We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our sole unfettered discretion.

Waiver

No relaxation or delay by us in exercising any right or remedy under these terms shall operate as a waiver of that right or remedy nor shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

Severability

If any of these Terms are found to be illegal, invalid or unenforceable by any court or competent jurisdiction, the rest of the Terms shall remain in full force and effect.

Third Party Rights

Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Jurisdiction and Applicable Law

Any matter that arises out of your use of the Site or Services (including any contract entered into between you and us through the Site) shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. Any and all contracts shall be concluded in English.

Entire Agreement

These Terms and any documents expressly referred to in them 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 of any contract.

Contact Us

If you have queries about these Terms or any comments about our Site and/or Services in general, please do not hesitate to email us at info@designlab.london.

Privacy and Cookies

The following describes the privacy policy applicable to your access and use of the Site and Services. We take your privacy very seriously. This policy (together with the Terms) set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read this policy carefully to understand our views and practices regarding your personal data and how we will treat it.

Information we may collect from you

We may collect and process the following data about you:

  • information that you provide by filling out forms on the Site, including for example information provided at the time of purchasing a product, your name and e-mail address, subscribing to our newsletter or requesting further services
  • information when you enter a competition or promotion on the Site
  • information if you report a problem with our Site
  • a record of any correspondence, in the event that you contact us.
  • information from surveys that we may ask you to fill out for research purposes
  • details of transactions you carry out through the Site and of the fulfillment of your orders
  • details of your visits to the Site including, but not limited to, traffic data, location data, weblogs, other communication data and the resources that you access.
  • IP address & cookies
  • We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie which is a very small text file that is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve the Site and to deliver a better and more personalised service. They enable us to:

  • Store information about your preferences and allow us to customise our Site according to your individual interests.
  • Speed up your searches.
  • Recognise you when you return to our Site.

You can accept or disable cookies by modifying settings in your browser. However, if you disable cookies some functionality on the Site may be affected.

Where we store your personal data

The data we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or one of our suppliers. Such staff may be engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you consent to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where you have chosen a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential.

Unfortunately, the transmission of information via the internet is never completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site. Any transmission of your personal data is therefore at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

How we use your personal information

Your data will enable us, and our processors, to fulfill your order and to notify you about important functionality changes and for statistical or survey purposes to improve the Site and our services to you. We will not disclose information about our customers to third parties except where it is part of providing a service to you – for example, arranging for a product to be sent to you, credit card processing, email distribution, market research and promotions management.

If you do not wish to be contacted for these purposes, you can inform us about this by sending an email to info@designlab.london writing “unsubscribe” in the subject heading;

Disclosure of your information

We may disclose your personal information to third parties if:

  • we reasonably believe we are required to do so by law, regulation or other government authority;
  • we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; or
  • our assets, or substantially all of our assets, are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.

Advertising

We currently do not process your data for direct third party marketing purposes. If we choose to do so in the future, you have the right to ask us not to process your personal data for such purposes.

We will inform you before collecting your data if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You will be able to exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@designlab.london.

We may transfer statistical or generic trend information about use of the Site, such as information stored via cookies, to advertisers.

Links to third party sites

The Site may contain links to and from third party websites. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. We therefore encourage you to check these policies before you submit any personal data to these websites.

Your rights

The Data Protection Act 1998 (the “Act”) gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.

For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is DesignLab.

Changes to our privacy policy

We reserve the right to make changes to this privacy policy at any time. Where appropriate, we may notify our customers of the change by email. You should, however, check this page from time to time to take notice of any changes.

Last updated:  1st May 2019

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