1.2 By using the Services, you confirm that you accept these Terms and that you agree to comply with them.
1.3 Certain services, features or content may be subject to additional terms and conditions specified by us from time to time. Your use of such services, features or content is subject to those additional terms and conditions, which are incorporated into these Terms by reference.
1.4 If you are under 18 years old, please do not register to use the Services. Any person who registers to use the Services or provides us with their personal information represents that they are 18 years of age or older.
1.5 If you do not agree to these Terms, you must not use the Services.
2.1 The Services are operated by TEXFED LTD(“TEXFED”, “Textile Federation”, “we”, “us” or “our”). TEXFED is registered in England and Wales under company number 10337845 with its registered office and main trading address at 5 St. Bride Street, London, EC4A 4AS.
2.2 TextileFederation.com is a B2B online platform connecting independent textile print designers with potential buyers in the fashion and home industries, enabling them to source, buy and commission designs for their business needs.
In these terms:
“Buyer” means a person using the Website to purchase any Designs or Bespoke Designs;
“Bespoke Designs” means a Design prepared and submitted in response to a Commission by a Buyer;
“Designer” means a person using the Website to display and sell their print Designs;
“Design(s)” means any item, textile print, merchandise or drawing owned by the Designer;
“Brief” means a Buyer’s request for Designs which includes, among other things, the price the Buyer is willing to pay for the Designs and the deadline for delivering the Designs;
“Commission” means a Buyer’s request for Bespoke Designs which includes, among other things, the price the Buyer is willing to pay for the Designs and the deadline for delivering the Designs;
“User” means any Designer, Buyer, and all other users of the Services collectively.
“Large Organisation Status” means a user granted the option to be invoiced for purchases as set out in section 15.
5.1 We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes, as they are binding on you.
6.1 We do not guarantee that the Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Services without notice. We will not be liable to you if for any reason the Services are unavailable at any time or for any period.
6.2 You are responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
6.3 We reserve the right to refuse access to the Services to anyone for any reason at any time and to reclaim usernames which we consider (in our sole discretion) may violate intellectual property rights, are inactive or may mislead other Users.
7.1 To use certain features of the Services you are required to register for an account.
7.2 You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account.
7.3 You may never use another person’s user account or registration information without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account.
7.5 We reserve the right to disable any account or password, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
7.6 If you know or suspect that anyone other than you knows your password, you must promptly notify us using the contact form located at https://www.textilefederation.com/contact_us.
8.1 For the purposes of these Terms, the term “Content” includes, without limitation, all merchandise for sale, print samples, textile design samples, Designs, Bespoke Designs, information contained in a Brief, Commission or any other User content (including mood boards), written posts, comments, information, data, text, images, videos, audio clips and graphics published or otherwise made available on the Services.
8.2 You acknowledge that we provide a platform for independent Designers. By operating the Services we do not represent or imply that we endorse the Content and we will not be responsible, or liable to any third party, for the Content. In particular, we make no representations, warranties or guarantees (whether express or implied) about the accuracy, quality, safety, morality or legality of the Content, or that the Content is complete, useful, up-to-date or free from errors or omissions. Views expressed on the Services do not necessarily represent our views or values. We cannot confirm that Users are who they claim to be. The Content is not intended to amount to professional advice on which you should rely.
8.3 We are not responsible for the information contained in the Briefs or the delivery, performance or punctuality of Bespoke Designs or any other commitments or agreements made between Users via the Services. By using the Services, you release TEXFED from claims, damages, and demands of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such disputes and the Services. For further information see the section headed Limitation of Our Liability below.
8.4 You acknowledge that we are under no obligation to assist, mediate or otherwise become involved in any dispute between Users, or between Users and any third party. In the event of any dispute, such as a Designer’s alleged failure to comply with the Terms or alleged failure in fulfilment of an agreed project, we may (but are under no obligation to) provide the Designer’s contact information to the Buyer so that the two parties may resolve their dispute.
9.1 These standards (“Acceptable Use Standards”) apply to all Content submitted by Users. You must comply with the spirit and the letter of the following standards. The standards apply to each part of such Content as well as to its whole.
9.2 Content must not:
9.3 We are under no obligation to oversee, monitor or moderate any interactive service we provide as part of the Services (including comment boards), and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of these Terms, whether the service is moderated or not.
10.1 The Buyer shall ensure that any and all correspondence with any Designer shall be via the messaging system provided on the website or, if that is not possible, then at all times include a reference to Textilefederation.com
10.2 The Buyer shall ensure that any correspondence with any Designer shall not include any reference to Buyer’s own email address, other correspondence address or any other promotion of services outside those offered through or by Textile Federation.
11.1 We do not claim any ownership rights in the Content published on or submitted to the Services by Users.
11.2 When you publish or submit any Content to the Services you agree to the following terms:
11.3 We may, but have no obligation to, remove Content that we determine in our sole discretion is unsuitable, unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms
12.1 A Buyer may from time to time post a Brief. Each Buyer acknowledges that Designers are under no obligation to submit a Design in response to any Brief even if they have selected to accept the Brief.
12.2 Unless specifically agreed in writing or stated as such in the Brief, no Buyer is obliged to purchase any Designs submitted in response to a Brief
12.3 Buyers may have Design Exclusivity over some Designs which are submitted to a Brief for a period of time. Each Buyer agrees to use their Design Exclusivity responsibly and to refrain from using it maliciously (for example to restrict the trade of specific Designer or with the sole intention of restricting another Buyer, perhaps a competitor, from making a purchase). Any Buyer suspected of engaging in the aforementioned practices may lose their access to the services. You agree to fully indemnify and compensate TEXFED for any loss to other Users or TEXFED arising out of or in connection with your breach of this clause 11.
12.4 Any disputes arising out of or in connection with a Brief shall be between the Designer and the relevant Buyer. We reserve the discretion to intervene (though we are under no obligation to do so).
13.1 A buyer may from time to time Commission a designer to create Bespoke Design(s).
13.2 Each Buyer agrees that the information they provide in the Commission setup form is full and complete.
13.3 Each buyer acknowledges that they are obliged to pay in full for Bespoke Designs created in response to a Commission, unless it can be shown that the designer has failed to follow the terms of the Commission as set out by the Buyer during setup, or unless specifically agreed in writing or stated as such in the Commission.
13.4 Each buyer acknowledges that a deposit may be taken for Commissions during setup and that such deposit is non-refundable unless it can be shown that the designer has failed to adhere to the terms of the Commission as set out by the Buyer.
13.5 Any disputes arising out of or in connection with a Commission shall be between the Designer and the Buyer. We reserve the discretion to intervene (though we are under no obligation to do so).
14.1 In order to make a purchase you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
14.2 When you place an order, you will receive an acknowledgement email confirming receipt of your order. A contract between you and the Designer will be formed upon purchase completion.
14.3 We retain the right to refuse any order made by you.
14.4 Whilst we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Design, you will receive a full refund. Prices are exclusive of VAT at the prevailing rate.
14.5 All orders are subject to availability. All prices advertised are subject to change.
14.6 Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited once the order has been accepted.
14.7 We do not offer refunds on purchases except if based on technical issues with the high resolution download files, or if the details of a Design have been clearly misrepresented by their designer. Refunds for reasons of this nature will be considered if made in writing within 14 days of purchase completion. Refund decisions are at the sole discretion of TEXFED. In the event a refund is approved the full purchase amount will be returned to the original payment card at the original payment currency within 14 days of approval. In the event of purchase cancellation your rights to the content terminate and you must delete or destroy any copies of the content.
14.8 Receipts/Invoices will be emailed to buyers upon purchase completion. For the purposes of sales tax receipts and invoices for design purchases are addressed from Textile Federation, with Designer and Design information listed as the item details. Buyers acknowledge that this treatment is to account for sales tax only and in no way alters the underlying contract of sale between the Designer and themselves, nor does it implicate any responsibility for content on Textile Federation.
15.1 During or after registration Buyers may request to be considered for Large Organisation Status. TEXFED is under no obligation to accept such a request.
15.2 Users granted Large Organisation Status will be invoiced for purchases made on the website rather than having to checkout and pay directly on the website at the moment of purchase. By requesting Large Organisation Status the user is accepting that they have the authority to accept invoices created by our automatic system which include full details of the purchased items, tax due, buyer and seller details, and an automatically generated invoice number.
15.3 Users granted Large Organisation Status accept that invoices issued for purchases made on the website are to be paid within 30 days of purchase completion and that a late payment statutory interest charge of 8% plus the Bank of England base rate, in addition to debt recovery costs set according to UK late payment legislation, may be added to invoices in the event of late payment.
15.4 Users accept that TEXFED can revoke their Large Organisation Status at any time without reason.
16.1 The Services may contain links to third-party websites or services that are not owned or controlled by TEXFED. Access to or use of third-party sites or services is at each User’s own risk. Such links should not be interpreted as endorsement by us of such linked websites or content.
16.2 Except as otherwise expressly provided in these Terms, TEXFED is not responsible for any loss or damage of any sort relating to a User’s use of any third-party sites or services. We encourage Users to be aware of when they leave the Services, and to read the terms and conditions of any third-party website or service that they visit.
17.1 If you believe that any Content infringes your or any person’s intellectual property rights please notify us by email at: email@example.com. We will liaise with the content provider to address your query. Please include the following information in your email:
17.2 If you believe that the any Content infringes any of your legal rights other than intellectual property rights please notify us by email at: firstname.lastname@example.org. We will liaise with the content provider to address your query. Please include the following information in your email:
18.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
18.2 THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE SERVICES OR ANY CONTENT, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE).
18.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO ANY USER OF THE SERVICES FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
18.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
18.5 If you are a business user, please note that in particular we will not be liable for:
18.6 If you are a consumer user, please note that we only provide the Services for domestic and private use. You agree not to use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, goodwill or reputation.
18.7 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any Content on it, or on any website or other content linked on the Services.
19.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, MEMBERS OF OUR GROUP AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE LEGAL EXPENSES, THAT ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR CONTENT, VIOLATION OF THESE TERMS, OR INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. THIS MEANS YOU WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WE SUFFER AS A RESULT OF ANY SUCH BREACH.
19.2 We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.
20.1 We do not guarantee that the Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.
20.2 You must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Services, the server on which the Services are stored or any server, computer or database connected to the Services. You must not attack the Services 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 and any other relevant information to them. In the event of such a breach, your right to use the Services will cease immediately.
21.1 You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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 to the Website in any website that is not owned by you.
21.2 The Website 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 without our express written permission.
21.3 We reserve the right to withdraw linking permission without notice.
21.4 If you wish to make any use of content on the Services other than that set out above, please contact email@example.com.
We may terminate your access to all or any part of our site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, provisions relating to intellectual property rights, warranty disclaimers, indemnity and limitations of liability.
23.1 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
23.2 We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
23.3 If any provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Terms.
23.4 Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right of TEXFED.
24.1 If you are a consumer, please note that these Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
24.2 If you are a business, these Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
We make no promise that the Services are appropriate or available for use in locations outside the United Kingdom, and accessing the Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
To contact us, please email firstname.lastname@example.org. Thank you for visiting our site.