Effective Date: 31st January 2019
Welcome to www.jacquardandhide.com. These Terms & Conditions (“Terms”) are a legal agreement between you and
Southpaw Design LTD (“SPD,” “we,” “us,” or “our”) that governs your access to and use of www.jacquardandhide.com and
all subdomains thereof (the “Site”), including the product ordering process and all related webpages, downloadable materials,
information, photos, and other materials, documentation, blog posts, or content that appears on the Site (“Content”). References
to “you” or “your” mean anyone who visits the Site, makes a purchase on the Site, accesses or downloads Content, or registers
for an Account. Your access to and use of the Site, Content, or your Account is conditioned upon your acceptance of these
Terms and our https://www.jacquardandhide.com/privacy-policy, which is incorporated into these Terms by this reference.
Please read these Terms and our Privacy Policy carefully before accessing or using the Site. BY ACCESSING THE SITE, YOU
AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE
SITE OR CONTENT, MAKE A PURCHASE, REGISTER FOR AN ACCOUNT, OR CLICK TO INDICATE THAT YOU AGREE TO
THESE TERMS. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER;
PLEASE REVIEW SECTION 23.
Changes to these Terms
We reserve the right to prospectively change these Terms at any time, in our sole discretion. You should periodically review these
Terms for changes and you can review the most current Terms at any time at: https://www.www.jacquardandhide.com/terms. The
updated Terms are binding on you as of the Effective Date indicated at the top of these Terms. If you do not agree to updated
Terms, you should stop using the Site before the Effective Date. Your continued use of the Site after the Effective Date will
constitute your acceptance of the updated Terms. Permitted Use; No Distribution. Except for the limited right to use the Site and
view the Content, you may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform,
display, transfer, upload, post, create derivative works of, exploit, sublicense, reverse-engineer, or otherwise use the Site or
Content without express written permission from SPD. You may only use the Site for personal, non-commercial purposes. All
products and content produced by SPD is for personal, non-commercial use and may not be reproduced in any form unless
otherwise expressly permitted by SPD. No right, title or interest in or to any trademark, service mark, logo or trade name of SPD
or its licensors is granted under these Terms. You may not remove any proprietary notices on the Site or Content, or attempt to
disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the
Site or Content. You further agree not to interfere with the proper functioning of the Site and not to use the Content in a way that
suggests you are a representative of SPD. Any scraping, automated access, or other unauthorized access to and storage of
Content is prohibited. You may not use the Site or Content for any illegal purpose. Use of the Content for any purpose other
than what is described in this Section is prohibited.
Privacy
SPD respects and is committed to protecting your privacy. When you visit the Site, you authorize SPD to automatically collect
information about you and your use of the Site and to use, transmit, process, and store this information in accordance with our
Privacy Policy. Please review our Privacy Policy prior to using the Site.
Third Party Websites and Links
The Site may contain links or references to third party websites (“Linked Sites”) that we think may be of interest to you. EC does
not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites, and we have
no control over Linked Sites or their content. Linked Sites are governed by their own terms of use and privacy policies.
Product Prices and Availability; Cancellation
Current prices for products and services are described on the Site. SPD may change pricing at any time and in its sole discretion.
The amount of any sales, use, or other taxes however designated, levied or based on such prices shall be added to the prices
shown. Promotions and/or discounts may be offered from time to time on the Site and may be subject to additional terms,
limitations, and restrictions. In order to take advantage of such promotions and/or discounts, you agree to comply with any terms,
conditions, limitations, or rules presented to you as a condition of participation in any such promotional offer. SPD reserves the
right to change or discontinue any product or service at any time and without notice. SPD further reserves the right, in its sole
discretion, to cancel any order, limit any purchase, or refuse to fulfill an order for any or no reason. If your order will be cancelled,
limited, or delayed, SPD will contact you.
DMCA POLICY
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with
applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of
those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In
accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §
512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the
Site, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that
material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if
available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright
owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Kirsty Simmonds
EMW LLP, Seebeck House, 1 Seebeck Place, Milton Keynes MK5 8FR
Kirsty.simmonds@emwllp.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please
be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may
be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
COUNTER-NOTIFICATION PROCEDURES
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you
may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified
below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which
the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if
available, e-mail address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was
removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your
address is located (or if you reside outside the United States for any judicial district in which the Site may be found)
and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint
at issue.
Completed Counter-Notices should be sent to:
Kirsty Simmonds
EMW LLP, Seebeck House, 1 Seebeck Place, Milton Keynes MK5 8FR
Kirsty.simmonds@emwllp.com
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against
you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by
mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the
DMCA.
REPEAT INFRINGERS
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Shipping
All sales are FOB shipment origin. Risk of loss passes to you upon shipment of the product from our facilities, and the occurrence
of any damage during shipment will not relieve you from making payment of the balance of the purchase price. SPD will ship
products to customers overseas. Tariffs and taxes may be imposed for international customers which are not implemented by
SPD and beyond our control. Additional fees may be collected at the time of delivery to pay for government taxes and tariffs.
Product Returns
It is your responsibility to assure the quality of all goods upon receipt. All sales are final except for damaged or defective materials.
You must obtain a Returned Material Authorization (“RMA”) from us prior to returning any products. In order to be eligible to
receive a refund or store credit for returned goods that are damaged or defective, your refund or store credit request must be
received no more than thirty (30) days from the order placement date. Any approved refund or store credit will only be for the
value of the returned items. Personalized and textile items are not eligible for return. For your security, refunds will be credited
back to the original payment method used for the purchase. In the event that your credit card has expired or is cancelled, store
credit will be issued.
Payments
You may make payment using any of the following payment methods: Visa, MasterCard, American Express, Discover, and
PayPal. All credit card details are encrypted when entered and stored by our third party payment processor, Authorize.net. SPD
does not access or store your credit card information and we do not manually accept credit cards for security reasons. SPD uses
Secure Sockets Layer (SSL) software to protect the security of your payment and personal information. If you make a payment
using PayPal, you will be connected to the PayPal website during checkout. PayPal is a third party and SPD is not responsible
for the terms of use, privacy practices, or the content of any external site. You should review PayPal’s terms of use and privacy
policy prior to submitting your payment information. For more information about our use of third party service providers, please
review our Privacy Policy.
Contests, Sweepstakes, and other Promotions
SPD may, from time to time and in its sole discretion, offer promotions, contests, sweepstakes, surveys, or games through the
Site, our newsletter, or through any other communication from SPD (each, a “Promotion”). In addition to these Terms, your
participation in any such Promotion may be conditioned upon additional or different terms and conditions and you should be sure
to review any additional terms that accompany any such Promotions. To the extent the terms or rules of a Promotion conflict with
these Terms, the terms accompanying the Promotion will control.
Customer Service
To reach our customer service department, please visit the ”support” or “frequently asked questions” sections of the Site and
submit questions to us using the online forms provided on the Site.
Site Availability and Support
You may access the Site if and when it is available. SPD does not guarantee availability of the Site or Content and SPD reserves
the right to make changes to the Site and Content at anytime and without notice. The Site may occasionally be down for service,
upgrades, maintenance, or for other reasons. To the maximum extent authorized under applicable law, SPD reserves the right
to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice. SPD
has no obligation to provide any support in relation to the Site, Content, User Content, or your Account.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, INCLUDING ALL TEXT, GRAPHICS, LOGOS,
AUDIO AND VIDEO CLIPS, PHOTOGRAPHS, AND OTHER CONTENT IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS
AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. SPD DOES NOT MAKE ANY
REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIMS
ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE. IN PARTICULAR, SPD MAKES NO WARRANTY THAT THE
SITE, CONTENT, OR PRODUCTS: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON
AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE,
OR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. NOR DOES SPD
WARRANT THAT ANY DEFECTS OR ERRORS ON THE SITE OR CONTENT WILL BE CORRECTED. SPD DOES NOT
ASSUME ANY LIABILITY RELATING TO DELAYS OR INTERRUPTIONS ATTRIBUTABLE TO THIRD PARTY FAILURES
BEYOND ITS CONTROL. THE SITE AND ALL CONTENT YOU DOWNLOAD, UPLOAD, OR OBTAIN FROM THE SITE IS
ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT
RESULTS THEREFROM.
DISCLAIMER OF CERTAIN DAMAGES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
SPD BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF
PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL
INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; WRONGFUL DEATH;
PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE;
NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON,
RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, CONTENT, OR YOUR ACCOUNT, EVEN IF
SPD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPD SHALL IN NO EVENT BE LIABLE FOR ANY
LOSS, DAMAGE, OR EXPENSE OF ANY KIND RESULTING FROM ANY OF ITS EMPLOYEES, REPRESENTATIVES OR
SALES PERSONS RENDERING TECHNICAL OR OTHER ADVICE OR REPRESENTATIONS IN CONNECTION WITH THE
PERFORMANCE OF ANY COMPUTER HARDWARE, COMPUTER SOFTWARE, COMPUTER PRINTERS, MEDIA USED BY
THOSE PRINTERS, OR ANY COMBINATIONS THEREOF UNLESS IT IS SPECIFICALLY CONTAINED IN THIS AGREEMENT.
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 15 OR 16, SPD’S MAXIMUM,
AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL
DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF,
BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE SITE WILL BE LIMITED TO THE
ACTUAL PRICE PAID FOR PRODUCTS PURCHASED FROM US, WITHOUT INTEREST. THE EXISTENCE OF MULTIPLE
CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE SITE WILL NOT ENLARGE OR EXTEND THE
LIMITATION OF MONEY DAMAGES.
Independent Remedies. The exclusion of damages under Section 16 is independent of your exclusive remedy in Section 17 and
it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations
of liability in Sections 15, 16, and 17 apply without regard to whether loss, liability, or damage arise from (a) breach of contract,
(b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of
action, to the extent the exclusions and limitations are not prohibited by applicable law.
NOTICE ON POTENTIAL LIMITS OF SECTIONS 15, 16, and 17. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF DAMAGES (INCLUDING INCIDENTAL OR CONSEQUENTIAL), LOSS, OR LIABILITY FROM
INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE
DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN SECTIONS 15, 16, OR 17 WILL
BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE
JURISDICTIONS. IF YOU RESIDE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS,
ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL)
PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS
SECTION MAY NOT APPLY TO YOU.
Indemnification
You hereby agree to defend, indemnify, and hold SPD, its directors, officers, managers, members, affiliates, contractors,
employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claims or
demands, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site and
activities occurring under your Account; (b) your use of any product purchased from SPD; (c) our use of your User Content; (d)
any violation by you of these Terms; or (e) your violation of any other party’s rights or applicable law.
Notices
SPD may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or
by sending notice to any email address you provide to SPD. You agree to send SPD notices by contacting us using the online
forms provided on the “support” and “frequently asked questions” sections of the Site.
Reservation of Rights; Copyright and Trademark Notice
SPD and its affiliates, licensors, and suppliers own the title, copyright, and other intellectual property rights in the Site and Content,
including all text, photographs, videos, images, graphics, logos, button icons, downloads, templates, product photos, and linked
documentation. SPD’s rights are protected by United Kingdom and international copyright laws and other intellectual property
laws and treaty provisions.
GOVERNING LAW AND EXCLUSIVE JURISDICTION; ARBITRATION
All rights and obligations relating to and under these Terms shall be governed by the laws of the England and Wales.
To resolve any dispute, controversy or claim between them arising out of or relating to these Terms, or the breach thereof, each
party agrees first to negotiate in good faith for a period of not less than sixty (60) days following written notification of such
controversy or claim to the other Party.
If the negotiations do not resolve the dispute, controversy or claim to the reasonable satisfaction of all Parties during such period,
then the Parties irrevocably and unconditionally submit to the exclusive jurisdiction and venue of the courts of England and Wales
to resolve the dispute.
Force Majeure
SPD will not be required to perform any obligations under these Terms or be liable for any failure to perform if nonperformance
is caused by any Act of God, war, civil disturbance, strike, work stoppage, transportation, unavailability of equipment,
contingencies, power failures, laws, regulations, ordinances, acts or orders of any governmental agency or official thereof, or any
cause not within the control of SPD.
Termination
SPD may, in its sole discretion, terminate this Agreement, your Account, or your use of the Site, and remove and/or discard any
User Content you have provided to us with or without cause and with or without notice. The following Sections of these Terms
will survive termination: 5, 6, 7, 8, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27.
General
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining
provisions will remain in full force and effect. You and SPD intend that the provisions of these Terms be enforced to the fullest
extent permitted by applicable law. Accordingly, you and SPD agree that if any provision is deemed unenforceable, where
possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only
for convenience and have no legal or contractual significance. SPD may assign these Terms, in whole or in part, at any time with
or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Site. These
Terms will be binding upon all of SPD’s successors and assigns. SPD’s failure to act with respect to a breach by you or others
does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on SPD if it is in writing
and signed by SPD. These Terms (including any incorporated terms) constitute the entire agreement between you and SPD with
respect to your use of the Site. Both you and SPD warrant to each other that, in entering these Terms, neither SPD nor you have
relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those
expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded
under applicable law. No one other than you and SPD, or SPD’s successors and permitted assigns, will have any right to enforce
any of these Terms.
Contact Information
If you have questions, comments, or concerns regarding the Site or these Terms, please contact us using the online forms
provided on the “support” and “frequently asked questions” sections of the Site.
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