Terms

FINDDESIGN Terms of Use

Last Modified November 06, 2017

Please read these terms of use carefully before using the services offered by FINDDESIGN LTD (“FindDesign”). These terms (including the Privacy Policy together with any other documents referred to in these terms) set out the terms and conditions on which you may make use of the finddesign.com website (the “Site”), along with any other affiliated applications, together (the “Services”) whether as a guest or as a registered user (“Customer Terms”).

We may update these Customer Terms (and the documents referred to in them) and any aspect of the Site from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then you have no right to use the Site or Services.  

1. About Us

The Services are operated by FindDesign. FindDesign are registered in England and Wales under company number 10338237.

2. Access to the Services

The Site, domain name and all other websites and domain names affiliated with FindDesign, and any other linked pages, features, content, or application services offered from time to time by FindDesign are owned and operated by FindDesign. Subject at all times to the Customer Terms, FindDesign may offer to provide certain services, as described more fully on the Site, which are selected by you through the process provided on the Site, together with the Services, solely for your own use, and not for the use or benefit of any third party.

Access to the Site is permitted on a temporary basis, and FindDesign reserve the right to change, suspend or discontinue Services provided through the Site without any notice. We will not be liable if for any reason any of the Services are unavailable at any time for any period.

From time to time we may restrict access to any or all Services, to users that have registered with FindDesign. Any personal data and other information provided by you is used in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.

FindDesign does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 18 may provide any personal information to FindDesign or make use of the Services. In the event that we learn that we have collected personal information from a person under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a person under 18, please contact us at support@finddesign.com.

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 to access any of our Services, 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 Customer Terms.

It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Please ensure that you check all information before making a purchase from the Site.

You represent and warrant to FindDesign that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 18 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also confirm that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.

3. Website Content

The Site and its contents are intended solely for the personal, non-commercial use of Site users and may only be used in accordance with these Customer Terms. All materials displayed or performed on the Site (including, but not limited to text, graphics, articles, photographs, images, illustrations (the “Content”)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, brand, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, participate in the transfer or sale of, create derivative works based on, or otherwise exploit for any purposes whatsoever any Content, software, materials, Services, or third party submissions or other proprietary rights not owned by you, in whole or in part: (i) without the express prior written consent of the respective owners, or (ii) in any way that violates any third party right.

You shall not link to the Site without FindDesign’s prior written consent.

In the course of using the Services, you and other users may provide information which may be used by FindDesign in connection with the Services and which may be visible to certain other users. You understand that by posting information or Content on the Site or otherwise providing content, materials or information to FindDesign or in connection with the Services (collectively, “User Submissions”), FindDesign shall automatically have, and is hereby granted a nonexclusive, worldwide, royalty free, perpetual, irrevocable, sublicensable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so (the “Company License”). For the avoidance of doubt, the Company License permits FindDesign to (among other things) copy, reformat, modify, create derivative works of, excerpt, translate, display, perform and distribute any User Submissions submitted by you. However, except for information you post in a publicly accessible manner or authorize to share publicly, FindDesign will only share your personally identifiable information in accordance with FindDesign’s current Privacy Policy.

You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated and that FindDesign will not be liable for any errors or omissions in any Content. You understand that FindDesign cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, FindDesign cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

 Under no circumstances will FindDesign be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services. FindDesign have the right to remove any material or posting a user makes on the Site.

4. Disclaimer of Warranties and Limitation of Liability

FindDesign has no special relationship with or fiduciary duty to you. You acknowledge that FindDesign has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effect the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. FindDesign makes no representations concerning any content contained in or accessed through the Services, and FindDesign will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Services. The Site and Services are provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.

Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

5. Viruses, Hacking and Other Offences

You must not misuse our Site or any part of the Service by introducing viruses, Trojans, 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.

6. Description of FindDesign’s Service

Please note that when you decide to purchase goods and/or services via the Site the resulting legal contract is between you and the relevant seller of the goods and/or services (the “Seller”) and such contract shall comprise of these Customer Terms, the email confirmation of your order, the applicable details on the product page of the Site and any applicable terms and conditions of the Seller and you agree to be bound by all such provisions.

 You should carefully review the Customer Terms, the email confirmation of your order, the applicable details on the product page of the Site and any applicable terms and conditions of the Seller in relation to the order. If there is any conflict or inconsistency between these Customer Terms, the email confirmation of your order, the applicable details on the product page of the Site and any applicable terms and conditions of the Seller, these Customer Terms shall prevail to the extent of the conflict or inconsistency.

 We cannot give any undertaking, that goods and/or services you purchase from Seller through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Seller.

7. How Contracts are Formed Between you and Sellers

Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms, the applicable details on the product page of the Site and any applicable terms and conditions of the Seller and you agree to be bound by all such provisions.

 No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.

 8. Payments

Purchases for goods and/or services you make with Sellers may only be paid for using the payment methods we make available from time to time through our Site. In accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Seller. You acknowledge that these Customer Terms, and/or any transaction made by you via finddesign.com, does not create or imply any partnership, joint venture or trust relationship between us, you and/or any Seller. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed on the Site do not vary according to your location; delivery charges will vary depending on the destination you choose to have the item delivered to. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.

 Payment for finddesign.com products are processed through our secure online payment service, managed by Stripe and secured by their privacy and security policies, which can be found at https://stripe.com/gb/privacy.

 By using the Site, you also agree to be bound by Stripe’s Terms of Service.

9. Refusal of Transactions

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

10. Deliveries

Delivery details are displayed on the product page on the Site. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.

11. Import Regulations & Duties

If you order goods from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You 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 or advise on their amount. Please contact your local customs office for further information before placing your order.

12. Returns

If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the Site then please contact us via the email address returns@finddesign.com in accordance with our Returns Policy. Any returns or refunds shall be made by the Seller in accordance with the Returns Policy.

13. Restrictions

You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or brand illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Site, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

14. Waiver

A waiver of any right or remedy under any agreement to which these Customer Terms apply is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under any agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

15. Severability

If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. Privacy Policy and Activity Tracking

For information regarding FindDesign’s treatment of personally identifiable information, please review our current Privacy Policy which is hereby incorporated by reference; your acceptance of these Customer Terms constitutes your acceptance and agreement to be bound by FindDesign’s Privacy Policy. FindDesign reserves the right to anonymously track and report your activity on the Site and through your use of the Services.

17. Entire Agreement

These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.

 18. Force majeure

Neither FindDesign or any Seller shall be liable for any delay or failure in performing its obligations under any agreement to the extent that such delay or failure is caused by an event or circumstance that is beyond the reasonable control of that party, and which by its nature could not have been foreseen by such party. If any events or circumstances prevent either party from carrying out its obligations under an agreement, performance of its obligations shall be postponed for the period of time that the circumstances continue.

19. Rights of Third Parties

No provision of these Customer Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise. For the avoidance of doubt, nothing in this clause excludes the rights of FindDesign when acting as commercial agent of any Seller.

20. Law and jurisdiction

Contracts for the purchase of goods or services through the Site or via the Services shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.

 21. Termination

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your registration on the Site at any time by following the instructions on the Site. FindDesign may terminate your access to the Services or your registration on the Site, at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your registration. FindDesign may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of these Customer Terms. Any fees paid hereunder are non-refundable. Upon termination of your right to use the Services, and/or access the Site, any Content will immediately cease. All provisions of these Customer Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

22. Contact

If you have any questions, complaints, or claims with respect to the Services, you may contact us at support@finddesign.com.