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FRED
Unique fashion from the best independent brands
Unique fashion from the best independent brands
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Website and App Terms of Use

December 2022

Introduction

These are the terms and conditions of use for www.silkfred.com(Site) and/or through any web or mobile application we provide which allows product ordering (Application). The Site/Application is operated by or on behalf of SilkFred Limited (SilkFred, we, us and our). We are a limited company, registered in England. Our registered company number is 07557982, and our registered office is at SilkFred Ltd, The Old Truman Brewery, 91 Brick Lane, London, E1 6QL. Our VAT registration number is 116678006.

Your use of the Site will be subject to these terms and conditions and by using the Site you agree to be bound by them. Any Products you order through the Site are supplied subject to our Online Terms of Supply. If you are a Brand use of Boutiques is subject to our Brand Terms (copy available on request). Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy. Where the context requires, references in these terms to the Website shall also be deemed to include a reference to the Application.

We reserve the right to change these terms and conditions from time to time by changing them on the Site. These terms and conditions were last updated on 2 February 2017.

Access to the Site

The Site is intended for use only by persons who are at least 18 years of age. By using the Site, you confirm to us that you meet this requirement.

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.

We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

What you are allowed to do

You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

  • 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
  • remove or change any content of the Site (other than as expressly permitted as a Brand) or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
  • create links to the Site from any other website, without our prior written consent.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

Intellectual property rights

All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

All images and photographs on the Site, including Product images, are owned by SilkFred and/or our licensors. You may not copy, reproduce or otherwise use any images on the Site for any purpose other than viewing pages on the Site. In particular, you may not use our images on any other website or application. SilkFred operates a zero tolerance policy to any reproductions of its images discovered in violation of the foregoing and will pursue all available legal actions and remedies against such infringements of its intellectual property rights.

Content

We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.

Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except to the extent that our Online Terms of Supply apply, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

Public Forums

We may, from time to time, make chat rooms, message boards, news groups and/or other public forums available to our users. If you use any such forum, you shall not upload any content ("User Content") that is libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful or prejudicial of any person or group on the grounds of race, religion, sex, sexual orientation, age or disability.

We reserve the right to remove any User Content, and/or to block any user from any public forum and/or the Site in our sole discretion.

User Generated Content Terms of Use

We reach out to social media users to seek their permission to feature our favourite content on our various sites, social media channels and various promotional materials, including but not limited to, Instagram, Facebook and Tik Tok (the SilkFred Channels). You are reading this because we have requested your permission to use your social media content in this way.

If you choose to allow us to use your social media content e.g. text, social media post, image or video, including without limitation, your name, username and handle (Your Content) by sharing Your Content with us following a request from a member of the SilkFred team (or by another means notified to you by SilkFred), you agree to these Terms of Use.

  1. You hereby grant to SilkFred Limited a worldwide, perpetual, irrevocable, non-exclusive, assignable, royalty-free licence and all necessary permissions and/or consents required (with full rights to sub-licence) to use, reproduce, exploit, publish, modify or alter Your Content including, without limitation, the right to adapt, alter, amend or change Your Content. Your Content will be considered non-confidential and non-proprietary.
  2. You hereby warrant and represent that:
    1. you own all rights in Your Content;
    2. if Your Content contains any material that is not owned by or licensed to you or which is subject to third party rights, you are responsible for obtaining, prior to our use of Your Content, all releases, consents and/or licenses necessary to permit our use of Your Content;
    3. you have obtained permission from any person(s) identifiable in Your Content to grant the rights specified in these terms, or where those person(s) are aged 18 years or under, you either: (a) are the parent or legal guardian of such identified person(s); (b) you have obtained the express consent from a parent or legal guardian of such identified person(s) to their appearance in Your Content and to you submitting Your Content to the SilkFred Channels;
    4. Your Content (including its use, publication and/or exploitation by us) shall not:
      1. infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity;
      2. be abusive, offensive or contain otherwise inappropriate language;
      3. contain remarks that repeat criminal accusations, false, defamatory or misleading statements;
      4. contain profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others;
      5. contain material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers;
      6. breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence;
      7. contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material; and
      8. violate any other applicable law, statute, ordinance, rule or regulation.
  3. You hereby waive and shall procure the waiver of any moral rights in Your Content under Chapter IV of Part I of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction.
  4. You give us the right to use Your Content on the SilkFred Channels at any time that we choose, for any purpose, including to advertise our products.
  5. Publication of Your Content will be at our sole discretion and we are entitled to make additions or deletions to Your Content prior to publication, after publication or to refuse publication.
  6. You are not entitled to any fee, financial reward or other incentives if we use Your Content on any of the SilkFred Channels.
  7. You understand and agree that other users of social media platforms can also share and make use of Your Content once we have posted it. By sharing Your Content with us, you also grant the permissions for Your Content to be used in this way.
  8. You understand that the personal data that we collect from Your Content will be treated in accordance with our Privacy Policy (which can be found here) and these terms.
  9. SilkFred is not liable for Your Content or its use. You shall indemnify and hold us harmless and any person acting our behalf from any and all claims, demands, costs, liabilities, damages and expenses (including reasonable legal fees) which we may incur in connection with the use of Your Content.
  10. We reserve the right to amend this policy at any time, so please check back here each time you tag or upload Your Content in future.

The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

General

Nothing in these terms and conditions shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation;
  • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
  • for any other liability that, by law, may not be limited or excluded.

These terms and conditions shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these terms and conditions or any Contract will only be dealt with by the English courts, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest [and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.

Contacting us

Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general, or any complaint or concern in relation to any Product ordered by email to [email protected]